Women protection law in Pakistan

The Punjab assembly passed the Punjab Protection of Women against Violence Act (PPWAVA)
in February, which provides unique legal protection to women against domestic, psychological
and sexual violence. The law faces legal and religious challenges, but the biggest issue will be its
implementation, as laws are made but their enforcement remains weak. The law contend with some
articles of legislation in the west, but as per some opponents of the law this has been done without
much consideration to the fact that while most women in advanced countries are financially
independent, in Pakistan many are still dependent on their fathers, husbands or other family
members for shelter, food and other needs. Most of them do not camp a complaint even if their
husbands torture them, and even their parents do not allow or encourage that. For the societal
environment to truly change for women, government will have to create job opportunities for
females and launch a nationwide effort to discourage domestic violence. Even if there is violation
of social norms, and violence is reported, there is a distant chance of any real allowance of justice.
It may also increase the rate of divorce in the country, as most men will not tolerate ‘humiliation’
from their wives.
The Punjab Protection of Women against Violence Bill 2015 has been passed by the Provincial
Assembly of Punjab in presence of 44 women members of Punjab Assembly out of 76. The law
on women’s protection will ensure the protection of women against domestic violence. It has 31
provisions, provides a complete procedure for registration of complaint and punishments.
As per The Punjab Protection of Women against Violence law, the Family Court will have the
authority to judge the Complaint. Under the law the Family shall be responsible to take up and fix
the matter within seven days after acceptance of the complaint. After taking knowledge on the
Complaint, the Court will issue show cause notice to the Defendant and the matter shall be decided
within 90 days.
The Family Court may pass a provisional order and direct the Defendant to surrender all license(s)
of his weapon(s), make distance with aggrieved lady and even not to communicate with her. The
Family Court may direct the Defendant by passing provisional order for wearing a GPS bracelet
for monitoring the movements of the Defendant, provided that an act of grave violence has been
committee or is believed likely to be committed.
It is interesting to mention here that if women protection officer feels obviously based on
supporting evidences and circumstance that the reputation, dignity and life of the aggrieved lady
is endangering, she can direct the Defendant to leave the house within 48 hours. In case of any
obstruction from performing the duty by the women protection officer, the Defendant or any
person involve in, may face the drawback including 6-month custody or fine upto Rs. 500,000/-.
While in case of repetition of crimes, the criminal may face custody, fine both.
Any violation of provisional order or interfering in GPS system, the criminal may attract one-year
custody and fine up to Rs. 200,000/-.
On the other hand, in case of any false complaint filed by aggrieve women, shall be punished with
three months’ imprisonment and fine up to Rs. 100,000/-
Implementing the protection of women law
Women in Pakistan have fought for their rights for decades, in a country where honor killings and
acid attacks remain commonplace. But the recently passed Punjab Protection of Women Against
Violence Bill has redefined violence to include any crime committed against a woman, including
abetment of a crime, domestic violence, emotional, psychological and verbal abuse, economic
abuse, and cybercrime.
However, in a society where old-fashioned landlords are considered the demigods in their
respective publics, will it be that easy to have a case registered against a powerful landlord or a
politician who is accused of attacking a poor farmer’s daughter? If the ordinary passage of a law
was a solution to this enormous issue, everything would get better from the very day the legislation
would come into effect.
Pakistan is not the best place for women – or men for that matter – to live in. From the corrupt
police to a weak action, our system offers generous opportunities for the attackers to get away after
committing horrible crimes. We have seen numerous incidents where the suspects were aided by
the police at the time of registering the case, which eventually helps them get released on bail and
multiply the risk to the victim’s. The government could start off with introducing police and
judicial reforms with immediate effect, to help reduce honor crimes as well as making sure the
criminals are sent to jail. In order to do so, a strong political and moral will is required on part of
those who are sitting at the highest levels of the government. Awareness campaigns for the public
may also come handy in combining the cause life, as those who go unpunished are more likely to
return with succeeded settling of scores.

Practical Ideas
As we have chosen the topic of women protection, we have taken this idea from the situation of
women in our country. Because women are always treated in a dominating manner in our nation.
Women are the main part of every nation. Women play a great role in the empowerment of a
nation. Women protection idea will provide women day to day measures that can help them protect
themselves from criminal activities. The first and foremost tip for an effective self-defense.
Educating women about their right, and making them aware of their surroundings.
A lot of women in Pakistan are still dependent on their Fathers, Brothers, Husbands or other family
members for shelter, food and other basic needs. Most of them lodge a complaint, even if their
husbands or in-laws torture them, even their parents don’t support the women if they want to take
an action. For the societal environment to truly change for women, government will have to
support and protect these women, to create job opportunities and launch a nationwide drive to
discourage domestic violence. Even if there is a violation of social norms, and violence is reported,
there is a remote chance of any real dispensation of justice. It may also increase the rate of divorce
in the country, as most men will not tolerate humiliation from their wives. Women should be
familiar of their protection act, so that when they face violence or any unjust activity, they will
know it’s their right to fight against and to take legal action.
Challenges
The following are the challenges the Women Protection Act currently is facing.
1. “The clauses in this bill will eventually lead to the break-up of society,” claims Maulana
Sherani of the Council for Islamic Ideology (CII). Liaqat Baloch, the general secretary of
Jamat e Islami, elaborates upon these reservations. “The bill states that women can force
their husbands out of the house on the basis of an argument or dispute,” Baloch points out,
“This will lead to the weakening of relationships.”
Baloch, like others, is concerned that the family system “will not survive”, as “men will
face humiliation.”
2. Another prominent clause in the bill which has received widespread criticism is the use of
an electronic monitoring device. But many disapprove. The clause states that if the Court
finds a person guilty of committing violence against the aggrieved, the Court can issue an
order that requires the perpetrator to "wear ankle or wrist bracelet GPS tracker for any act
of grave violence or likely grave violence which may endanger the life, dignity or
reputation of the aggrieved person."
3. clerics and religious parties have termed the new Punjab law ‘un-Islamic’. The CII said the
bill is against the constitution and the two-nation theory; they claim that the law is a western
conspiracy to harm the family system of Pakistan.
4. The biggest problem, is that the Act is being misinterpreted. In our society, a woman is
tortured and then asked to leave the house, “\The bill states “If a man tortures a woman he
will have a choice to either leave the house or to stay,” “He won’t be able to force his wife
out.”
5. Farah Ijaz Baig, vice chairperson of the Punjab Bar Council is worried that the clause which
allows women to take their husbands to court will end up producing more violence. Baig
feels it is men’s instinct to retaliate—they might be afraid temporarily, but they will not
forget; once the legal proceedings are done with, it is likely that he will want to seek
revenge from his wife.
6. Human rights activist, I A Rehman states “Our society has a habit of not accepting the
rights of women.” Rehman points out “Therefore anything that protects woman and allows
them to challenge the atrocities of men is considered unacceptable.”
Advantages
1. In the past, a case was only registered when a woman was physically tortured. Now, even
mental torture is considered a punishable crime.
2. Under the new bill, protection and mediation will be the job of government-recognized
committees, where the issue between two parties will be solved in the presence of local
community leaders, police officials, doctors, psychologists and even family members.
3. Ume Laila Azhar, a renowned women rights activist, said, “Protection of Women against
Violence Bill is a good step as at least government of Pakistan is admitting that domestic
violence exists in our part of the world. It has taken a long time for people like us who were
working on declaring domestic violence a gruesome violence within home boundaries
where mostly the notion is that women are safe. The bill appears to be a rather
comprehensive attempt to institute a system for protection of violence against women and
for protection and rehabilitation of the women victims.”
4. This bill is a positive step forward, as men who torture, rape and assault women will now
have a legal deterrence to deal with. Social taboos don’t allow women to speak up, and fear
of reprisal causes them to continue being victim of abuse. It is about time they were
encouraged to seek justice and relief. those who are opposing this law that they forgot who
stood by the country’s founding father, Mohammad Ali Jinnah until the very end: a woman,
his sister, Fatima Jinnah.
5. There are thousands and thousands of reported cases of violence against women every year
in Pakistan from domestic violence, rape, acid attacks, sexual assault, kidnappings, and
honor killings. According to an Aurat Foundation Study in 2013, there were 5,800 crimes
against women in the Punjab province alone-- that’s 74% of crimes against women in all
of Pakistan that year. These rate will decrease, if the law is implemented correctly.
6. The victim women will also get help from Women Protection Committee, protection
center and shelter homes.
7. The Act says an aggrieved woman will have facility of toll free number to lodge her
complaint. As in case of violence she will immediately be provided shelter and treatment
while the WPO will institute case on her behalf before the Court to obtain for her
protection, residence or monetary order in her favor against the defendant.
8. The court can also take away the licensed weapon of the defendant for the safety of the
woman and it can also pass any other order which it deems fit for her protection. The court
may also seek surety bonds from the defendant to the effect of preventing him committing
violence on woman besides directing the defendant at the stage of trial to pay her interim
monetary relief.