Eena Siddique
SADLY, Pakistan has been ranked as 6th most dangerous and unsafe country for women and was ranked 7th in sexual violence, including domestic violence. That despite the promulgation of The Domestic Violence (Prevention & Protection) Act 2013, which was enacted by the Sindh Government in 2013, to protect women, children and other vulnerable segments from the menace of domestic violence.
The Sindh Government has utterly failed to implement the “Act” in its true spirit. It is a matter of record that the Sindh Government has neither appointed “Protection Officers” nor established the “Protection Committees” which is the mandatory obligation of the Sindh Government in terms of Section 17 of the aforesaid Act in order to protect the victims from domestic violence. The Domestic violence (Prevention & Protection) Act 2013 was enacted to provide the protection to the weakest class of society, those who cannot even dare to discuss the issues that they are facing. Considering that, the legislatures intended to insert Section 3 in the aforesaid Act, which states that “This Act and the contents thereof receive wide publicity through electronic and print media in Urdu and local languages” & “the Government officers, the police and members of the judicial services are given periodic sensitization and awareness training on the issues addressed by this Act”.
Nonetheless, the Sindh Government, despite being under such strict obligation(s), failed to comply the mandatory provisions of Section 3 of the Act. It is notable that the above-mentioned legislation to prevent domestic violence is in field since 2013, which still remains inactive & aimless, which is resultantly unceasingly infringing the guaranteed rights of women to enjoy the feel of protection of law in terms of Article 25 of the Constitution of Pakistan.
It is obligatory upon the Sindh Government in terms of Section 3 of The Domestic Violence (Prevention & Protection) Act 2013, to instantly launch an effective campaign, through the concerned senior Police officials, Assistant Commissioners, local NGOs and on the municipal levels, for the awareness of the contents and objective of The Domestic Violence (Prevention & Protection) Act 2013. The awareness campaign must also make it known to the victims or possible victims of domestic violence, the easy and inexpensive procedures to file a case of domestic violence in the Court of concerned Magistrate in terms of Section 7 of The Domestic Violence (Prevention & Protection) Act 2013 which states that “an aggrieved person or other person authorized by the aggrieved person on his behalf or informer may present a petition to the Court of concerned jurisdiction, the Court shall fix the first date of hearing, which shall not exceed seven days from the date of the receipt of the petition by the court.” In my humble view, domestic violence is the root cause for all the other violence against women, which needs the urgent attention of the Sindh Government.
It is always the undeniable duty of the Government to ensure protection of its citizens, the status of men and women as equal in the eyes of law and in terms of Article 25 of the Constitution of Pakistan which states that “All citizens are equal before law and are entitled to equal protection of law & that there shall be no discrimination on the basis of sex & nothing in this Article shall prevent the State from making any special provisions for the protection of women and children.”
—The writer is Advocate of the High Courts, LLM Intellectual Property Laws.
