Laws & Remedies
Laws & Remedies
Laws & Remedies
Laws & Remedies
Physical Violence
Applicable Laws:
332-337-L, (Hurt), Pakistan Penal Code, 1860
How to Avail Remedy:
- Consultation with authorized medical officer
- File an FIR with the local police station
- File a petition to the court
Punishments:
- Qisas (Punishment under Hudood Laws)
- Payment of Arsh, Diyat
- Imprisonment extending to 14 years or less
- Maximum fine of Rs.1,000,000
Domestic violence
Applicable Laws:The Punjab Protection of Women against violence Act, 2016 Sindh Domestic Violence (prevention and protection) Bill, 2013 Baluchistan Domestic Violence (prevention and Protection) Bill, 2014
How to Avail Remedy:
- File an FIR with the local police station;
- File a petition to the court;
- An aggrieved person may submit a complaint for obtaining a protection, residence or monetary order.
Punishment:The punishment will be given against the offence, as mentioned under Pakistan Penal Code, 1860, committed during domestic violence.
Sexual Violence
Applicable Laws:
- Criminal Law (Amendment) Bill, 2015, with added section 377-A & 377-B, Pakistan Penal Code
- Criminal Law (Amendment) Act, 2013
- Sections 354 and 354-A, Pakistan Penal Code, 1860
- Prevention and Control of Human Trafficking Ordinance, 2002
- Criminal Law (Amendment) (Offense of Rape) Act 2016
- Torture, custodial death and custodial rape (prevention and punishment) Act, 2014
- Section 376, Pakistan Penal Code, 1860
- Anti-Rape Bill, 2016
How to Avail Remedy:
- File an FIR with police-station falling in jurisdiction
- Complaint with magistrate
- Report of authorized medical practitioner
- Cases of gang rape, child molestation and robbery coupled with rape are termed as Terrorist acts and to be tried by the Anti-Terrorist Courts.
Punishments:
- For trafficking for prostitution is 25 years
- For sexual abuse is life imprisonment, with fine of Rs.500,000
- For outraging modesty of women and stripping in public is imprisonment, which may extend to 2 years and fine.
- For Rape Death, Imprisonment of not less than 10 years, and can extend to 25 years, and Fine.
- In case of gang rape, the punishment is of death or imprisonment for life.
Sexual Harassment at Workplace
“Harassment” means any unwelcome sexual advance; request for sexual favors or other verbal or written communication; or physical conduct of a sexual nature; or sexually demeaning attitudes
Applicable Laws:The Punjab Protection against Harassment of Women at the Workplace (Amendment) Act, 2012 Section 509, Pakistan Penal Code, 1860
How to Avail Remedy:
. Complaint made to Inquiry Committee, in case of a private office.
. Complaint to Ombudsman, in case of Government Office.
Punishments:
- U/S 509, PPC, 1860: Imprisonment which may extend to three years or a fine of up to Rs.500,000 or both.
- Minor penalties
- Censure
- Withholding
- Stoppage
- Major penalties: Reduction to a lower post or time-scale
- Compulsory retirement
- Removal from service
- Dismissal from service
- Fine
Emotional or Psychological or Abuse
Applicable Law:The Punjab Protection of Women against violence Act, 2016
How to Avail Remedy:An aggrieved person may submit a complaint for obtaining a protection, residence or monetary order in favour of the aggrieved person.
Economic Violence or Abuse
Applicable Laws:
Section 498-A, Pakistan Penal Code, 1860
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- Section 9, Muslim Family Laws Ordinance, 1961
- Section 2 (ii), Ground for dissolution of marriage
- The Punjab Land Revenue (Amendment) Act 2015
- The Women in distress and detention fund Act
- Family Courts Act, 1964
- The Punjab Protection of women against violence act, 2016
- Punjab Partition of Immovable Property (Amendment) Act, 2015
- The Punjab Land Revenue (Amendment) Act 2015
How to Avail Remedy:
-
- Legal Suit can be filed in court
- File an FIR
- Complaint with magistrate
Punishments:
- Prohibition of depriving woman from inheriting property u/s 498-A:
- Imprisonment shall extend to 10 years, but not less than 5 years, and fine up to Rs.1.0 million or both.
Electric Violence or Cyberbullying
Applicable Laws:The Prevention of electronic crimes act, 2016
How to avail Remedy:Complaint to Investigation Agency or authorized officer, authorized by the Federal Government.
Punishments:Imprisonment for a term which may extend to five years; or with fine which may extend to Rs.5.0 million or with both.
Honor Crimes
The homicide of a member of a family or social group; or by other members; due to the belief the victim has brought dishonor upon the family or the community Applicable Laws:
- Criminal Law Amendment Act, 2004
- Anti-Honor killing laws (Amendment) Bill, 2014
- Anti-Honor killing bill, 2016
How to Avail Remedy:
- File an FIR with local police station
- Filing of complaint under section 200 of Code of Criminal Procedure, 1898
Punishment:
- Relatives of victim would only be able to pardon the offender, if sentenced to capital punishment;
- The culprit would face a mandatory life sentence of 12.5 years
Acid Throwing
A form of violent assault; The act of throwing acid or a similarly corrosive substance onto the body of another intentionally;
Applicable Laws:
- Section 336 and specially 336(A) and 336(B), Pakistan Penal Code, 1860
- Criminal law (Amendment) Act, 2011
- Acid Control and acid crime prevention Act, 2011
How to Avail Remedy:
- Shall immediately be given initial treatment.
- Photographs of injuries of the victim.
- Filing of FIR in police station falling under jurisdiction.
- Filing of complaint with Magistrate.
Punishment:
- Shall not be less than 14 years and a minimum fine of Rs.1.0 million.
Child Marriage
Applicable Laws:
- Child Marriage Restraint Act, 1929
- Punjab Marriage Restraint (amendment) Bill, 2015
- Sindh Child Marriage Act, 2014
How to Avail Remedy:
- Filing of FIR in police station falling under jurisdiction;
- Filing of complaint with Magistrate
Punishments:
- If a person, not being a minor;
- Whoever performs conducts or directs child marriage;
- Where a minor contracts child marriage, any person, being parent or guardian of a minor, lawful or unlawful;
- Shall be punishable with simple imprisonment, which may extend to 6 months and fine of Rs.50,000.
Forced Marriage
- The Prevention of Anti-women practices (Criminal law amendment) Act, 2011 Sections 310-A, Pakistan Penal Code, 1860
How to Avail Remedy:
- Filing of FIR in police station falling under jurisdiction;
- Filing of complaint with Magistrate
Punishments:
- Minimum of 3 years and up to 7 years of imprisonment.
- Between three- and 10-years imprisonment and a fine of Rs 0.5 million.
- Forcing a woman to “marry” the Holy Quran to result in a jail term of which is three to seven years and a fine of Rs0.5 million.
Anti-women Cultural Practices
Applicable Laws: Prevention of Anti-Women Practices Act, 2011
How to Avail Remedy: Register FIR with local police station falling in jurisdiction Complaint with magistrate
Punishments:
- Punishment for giving a female in marriage or otherwise in badal-i-sulh, wanni or swara:
- Imprisonment upto 7 years;
- Not be less than 3 years
- Liable to fine of Rs.500,000
- Prohibition of marriage with Holy Qura’an:
- Imprisonment of either description which may extend to seven years;
- Not less than three years;
- Liable to fine of five hundred thousand Rupees