Amid growing cases of domestic violence in Pakistan, the government decided to pass a domestic violence bill in the parliament in order to provide legal protection and safety to the victims and bringing the perpetrators to justice. The Domestic Violence (Prevention and Protection) Bill, 2021, was passed by the Senate on June 21 and only the President’s signature was required to convert it into law. 

Several ulemas decided to stop this legislation claiming that some of its points violate the injunctions of Islam and therefore, it must be referred to the Council of Islamic Ideology for a thorough analysis and revised in compliance with the teachings of Islam. 

On July 5, Adviser to the Prime Minister on Parliamentary affairs Babar Awan informed the National Assembly speaker Asad Qaiser to get its review done by the Council of Islamic Ideology. The subsequent move brought massive condemnation by the public, leaving the social media flooded with posts in which people demanded justice for the subjugated entities of society. 

The bill implies the term domestic violence as “all acts of physical, emotional, psychological, sexual, and economic abuse committed by a respondent against women, children, vulnerable persons, or any other person with whom the respondent is or has been in a domestic relationship that causes fear, physical or psychological harm to the aggrieved person.” 

Such a broad definition of domestic violence was not present in the previous bill. Moreover, by defining the acts of domestic violence and the various actions that are to be considered in this category, the new bill has sorted out many discrepancies in the Pakistan Penal Code by properly elaborating the nature of actions punishable under the law. 

The bill also states that those involved in domestic violence shall be punishable with imprisonment of a maximum period of three years and not less than six months and a fine of Rs 100,000 and minimum of Rs.20,000 shall be paid as compensation to the aggrieved person. 

Rights activists say that the legislation can be a source of relief for many victims who are seeking justice from the state. While the bill has been lauded in the favor of the government from various channels, some religious hardliners have criticized it saying it has many loopholes and is open-ended and can be misused easily. 

One of the problems highlighted by the opponents was that it awards everyone in the family with the same treatment, while our religion and culture give special regard and status to parents and puts their position in the family above others. 

One of the most vocal opponents of the bill, Senator Mushtaq Ahmed said,”The parents cannot be treated like other members of the family.” 

They also reproved the clauses of the bill declaring that elders should settle the matter and the household issues should not be brought to the court. Experts say that such statements from politicians and other media persons have already given space to the perpetrators due to which they exercise violence with impunity. 

One of the women living in the domestic violence refugees created by Abdul Sattar Edhi claimed, “I am here because of my husband. He is paralysed, deaf and blind. My mother-in-law has always mistreated me and abused me. I had enough of her, and so my father-in-law drove me out of the house.”

Analysts say had the bill been allowed to become a law, it would have resolved plethora of issues germinating in the society due to violence committed by its male members. Domestic violence has already intensified due to which many women have lost their lives while others live in extreme fear and helplessness. 

According to the Pakistan Demographic and Health Survey 2012-2013, a staggering 32 percent of women have undergone physical violence in Pakistan and 40 percent of married women have experienced spousal abuse at some point of their life. Many have fled their homes while others have tortured to death. One in two Pakistani women who have experienced violence never reached out to anyone nor told them about the violence they succumbed to. 

“There should be more state resources for women who need to escape violence: shelters, legal aid, and job programmes aimed at making survivors financially independent,” notes columnist Huma Yusuf.

“The courts must expedite the handling of domestic abuse cases so that the backlog does not incentivise informal, out-of-court settlements and prolonged periods of vulnerability for women choosing to press charges.”

Experts maintain that the passage of the bill is essential as the state holds the responsibility to protect the women, and survivors, and give them the justice they deserve. Analysts reiterate that the reservations shown by the opponents can be resolved amicably by the religious ulemas and the concerned authorities by mutually reviewing the clauses of the bill in a manner that brings forth a justifiable piece of legislation for the public. 

Observers further say that religious leaders from various schools of thoughts can easily deliberate upon the controversial subjects present in the bill and form a single opinion. They say that there should not be any platform given to the personal reservations of anyone involved in the decision-making.