=> Certain sections of the proposed draft bill titled
Certain sections of the proposed draft bill titled Domestic Violence Against Women and Children (Prevention and Protection) Bill, 2007 have to be re-drafted before its submission to the Cabinet for approval, argued Justice (retd) Majida Rizvi and Justice (retd) Shaiq Usmani at a consultation meeting on the bill organised by the Aurat Foundation on Thursday.
The Domestic Violence Against Women and Children (Prevention and Protection) Bill, 2007 approved by the National Assembly Standing Committee on Women Development On April 26, 2007, have certain lacunas that need to be addressed before being sent for an approval otherwise victims of domestic violence would not be able to benefit from the law, said the retired judges.
The proposed ‘Domestic Violence Against Women and Children (Prevention and Protection) Bill, 2007 was jointly prepared by the Ministry of Women Development and Ministry of Law, Justice and Human Rights. It was drafted after consultation with a subcommittee (constituted by the National Assembly) that decided to club together the Prevention of Domestic Violence Bill, 2005 and Domestic Violence Against Women (Prevention and Protection) Bill, 2006 to form a comprehensive bill titled ‘Domestic Violence Against Women and Children (Prevention and Protection) Act, 2007.
They said that the limits of this law should be with the Family Courts and not the criminal courts since the former is better in capacity to deal with domestic issues.
While reviewing the sections of the law in detail Justice (retd) Shaiq Usmani said the two bills should have been kept separate because of the different parameters of both the bills. However, he welcomed the combined bill and pointed out a few amendments that should be made.
“In section 4, the term ‘hurt’ should be defined in context to domestic violence not crime hence the definition under section 332 of the PPC is not relevant for domestic violence,” said Justice Usmani who criticised the lifting of certain sections from Pakistan Penal Code rather than introducing sections pertinent to domestic violence. He also said that most of the clauses were picked from the India’s ‘Protection of Women from Domestic Violence Bill, 2005’.
Section 4 of the law defines the expression ‘domestic violence’ to include physical, sexual, emotional or economic abuse, however, the definition of certain terms have been directly lifted from the Pakistan Penal Code, which the judges said are not relevant to domestic abuse. Although the judges appreciated the good measures in the bill, they felt the bill needed to be re-drafted.
Keeping the bureaucratic delays in mind, the fixation of three days for considering the complainant’s application, said Justice Usmani, was not realistic. He also said to avoid such delay tactics, extraordinary measures should be taken by the court immediately after the filing of the complaint (as happens in the West) to ensure immediate justice. “If a woman or child files a complaint against any of the member, the head of the family should be immediately detained to build pressure on the abuser,” he suggested.
Measures such as monetary relief to the abused by the court, recognition of ‘economic abuse’, counselling, penalty for breach of protection order and the introduction of a protection committee were welcomed by all.
However, Justice Usmani questioned the composition of the Protection Committee to be constituted by the provincial government (under the law). Under section 18(b) the protection committee shall “comprise one male or female police officer, one lady councillor and one member from the Public Safety Commission.” In addition, said Justice Usmani, a representative from an NGO working in the area should also be included. Anis Haroon of Aurat Foundation added that there should be more female representation in the protection committee because in most cases, women suffer from abuse.
The meeting welcomed suggestions from the participants which including members from different NGOs and female local councillors. One of the participants suggested that dowry-related violence should also be covered under this definition. Under the law, in case the abused is unable to report the matter with the police (due to social inhibition), the eyewitness account by a neighbour or another member of the family will also be considered authentic by the Protection Committee.
While the government claims that the “situation is improving” and relevant departments like the Social Welfare Department or Ministry for Women Development fail to produce an authentic data on violence against women, the findings of ‘Policy and Data Monitoring Project on Violence Against Women’ of Aurat Foundation between January to November 2007 present a grim picture.
Incidents Figures
Women total Murdered 403 (26 minors)
Murders (Karo Kari) 306
1. Women 196
2. Men 110
Raped & Murdered 04
Raped 53
Attempt of Rape 47
Gang Rape 43
Injured 105
Suicide 124
Attempt to Suicide 148
Burns/Acid throwing 08
Kidnapped 158
Attempt to kidnap 47
Missing 66
Sold 31
Seeking Shelter 137
Free will Marriages 193
Arrested 174
Tortured by Police 71
Jirgas held 90
Source: The News
Date:12/28/2007
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