From Law to Life: Tackling Domestic Violence in Sindh Through Legislative Reforms
DOI:
https://doi.org/10.55737/qjss.697331217Keywords:
Domestic Violence, Pro-Women Legislation, Women's Rights, Gender Equality, Human RightsAbstract
This study aims to discuss inadequacies and ambiguities in the legal framework against domestic violence in the Sindh province of Pakistan, as domestic violence is considered to be a matter of concern, creating physical and physiological implications on victims in various ways. Therefore, a doctrinal approach has been adopted to explore the legal framework against domestic violence, specifically in the province of Sindh. The research aims to contribute to the body of knowledge on legal and procedural issues to provide adequate and efficient legal remedies to victims. This study finds that the legal measures enshrined under the enactment of the Domestic Violence (Prevention and Protection) Act, 2013, referred to as (The Act 2013 or the Act of 2013), are ineffective due to substantive vagueness in definitions, procedural ambiguities, and implementation challenges. Therefore, there is an urgent need to curb domestic violence through a pragmatic approach by applying legislative, procedural, and efficacious measures through amendments to the existing statute. Further, enhancing institutional capacity is also required so that victims may have hope of justice for healing their woes in society.
References
Ali, W & Fatima, A. (2023 December 18). Women living with pain share stories of harassment. DAWN.COM. https://www.dawn.com/news/1798728
Ali, T. S., Khan, N. (2007). Strategies and recommendations for prevention and control of domestic violence against women in Pakistan. Journal of Pakistan Medical Association, 57(1), 27-32. https://ecommons.aku.edu/pakistan_fhs_son/171/
Annan, K. (1999). violence against women “most shameful”, pervasive human rights violation, says secretary-general in remarks on international women’s day | un press. (n.d.). Press.un.org. https://press.un.org/en/1999/19990308.sgsm6919.html
Durani, T. (n.d). My feudal Lords.
Ghilzai, M. N. (2015). Manual of Family Laws, Bureau of Legal Service. Page, 87.
Lohar, S. (2021, September 14). Domestic violence is a serious issue. DAWN.COM. https://www.dawn.com/news/1646316
Muhammad, G. (2024). The Criminal Major Acts Edition, 2024. Pages, 128,192,264. 499.
Mahmood, M. (2023). Code of Civil Procedure (1908).Al Qanun Publishers. https://www.ma-law.org.pk/pdflaw/CODE%20OF%20CIVIL%20PROCEDURE%201908.pdf
Mahmood, M. (2023). Pakistan Penal Code (1860). https://www.punjabpolice.gov.pk/system/files/pakistan-penal-code-xlv-of-1860.pdf
Mahmood, M. (2023). The Minor Acts (Criminal), The Domestic Violence (Prevention and Protection) Act 2013(Sindh Act XX of 2013).Page 1637.
Mahmood. (n.d). The Constitution of Islamic Republic of Pakistan (1973).
Malkani, S. (2019, March 30). Getting the law to work. DAWN.COM. https://www.dawn.com/news/1472785
Malkani, S. (2017, July 11). Sindh’s dormant law. DAWN.COM. https://www.dawn.com/news/1344585/sindhs-dormant-law
Miller BD, (1984), Daughter neglect, women’s work, and marriage: Pakistan and Bangladesh compared. Medical Anthropology, 8(2), 109–126. https://doi.org/10.1080/01459740.1984.9965895
Mustafa, A. (2024, March 12). No peace of mind. DAWN.COM. https://www.dawn.com/news/1820939
Ms. Shehla Zia v. WAPDA, PLD 1994 SC 693. (2023, September 12). ESCR-Net. https://www.escr-net.org/caselaw/2015/ms-shehla-zia-v-wapda-pld-1994-sc-693/
Naryan, D. (2000), changing gender relations in the household. Voices of the poor: can anyone hear us? New York, Oxford University Press. https://www.researchgate.net/publication/359635669 _
Pansota, M. A. (2021). The menace of emotional abuse and why a domestic violence bill is the need of the hour. https://www.dawn.com/news/1641821
Rabbani, F., Qureshi, F., & Rizvi, N. (2008). Perspectives on domestic violence: case study from Karachi, Pakistan. Eastern Mediterranean Health Journal = La Revue de Sante de La Mediterranee Orientale = Al-Majallah Al-Sihhiyah Li-Sharq Al-Mutawassit, 14(2), 415–426. https://pubmed.ncbi.nlm.nih.gov/18561735/
Regional Provident Fund Commissioner V. The Hooghly Mills Company Limited and Ors -, 2012, (2) SCC 489, (Supreme Court of India).
Shah, B. (2019, September 22). Domestic violence. DAWN.COM. https://www.dawn.com/news/1506655/domestic-violence
Sindh High Court Karachi. (2023). Criminal Miscellaneous Application No.303 of 2023.
THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005. (2005). https://www.indiacode.nic.in/bitstream/123456789/15436/1/protection_of_women_from_domestic_violence_act%2C_2005.pdf
Editorial. (2024, September 2). Protect women. DAWN.COM. https://www.dawn.com/news/1856358
U.S. Department of Justice. (2024, October 15). Domestic Violence. Justice.gov; U.S. Department of Justice. https://www.justice.gov/ovw/domestic-violence
