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Laws & Remedies

Laws & Remedies

Constitutional Rights of WomenArticle 2525 (1) declares all citizens to be equal before law and entitled to equal protection of law and 25 (2) states that there shall be no discrimination on the basis of sex alone. 25 (3) Allows the State to create special laws and rules for specific issues facing women and children, which are being ignored. Article 34Ensures full participation of women in all spheres of national life.18th AmendmentDevolves most social issues to provinces and gives them responsibility for legislation and initiatives regarding those women’s rights issues that fall within the purview of provinces. 18th Amendment has increased resources to provinces to work on women’s empowerment.Violence Against WomenAny act of gender-based violence that results in, or is likely to result in physical, sexual or psychological harm or suffering to women

Physical Violence

Physical abuse is any intentional act causing injury or trauma to another person or animal by way of bodily contact.
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

Domestic Violence is a pattern of behavior which involves violence or other abuse by one person against another in a domestic setting.

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

Sexual violence is any sexual act or attempt to obtain a sexual act by violence or coercion, acts to traffic a person or acts directed against a person’s sexuality, regardless of the relationship to the victim. It can be in different forms such as Rape, Stripping, Exhibitionism, Sexual photography, Incest, forced prostitution, Trafficking for sexual exploitation, Stalking, Eve-Teasing and Sexual harassment.Rape is committed when; Against her will; Without her consent; When the consent has been obtained by putting her in fear of death or of hurt; With or without her consent when she is under 16 years of age

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 private office; Complaint to Ombudsman

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; and
  • Fine

Emotional or Psychological or Abuse

The behavior characterized by a person subjecting, or exposing, another person that may result in psychological trauma;

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

Any act or behaviour which causes economic harm to an individual. Economic violence can take the form of, for example, property damage, restricting access to financial resources, education or the labour market, or not complying with economic responsibilities, such as alimony.

Applicable Laws:

    • Section 498-A, Pakistan Penal Code, 1860
    • 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

It is the recent form of violence; used against women as a tool; to harass, bully and torture them; emotionally, mentally and psychologically;

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; orby 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 to victim;
    • Photographs of injuries of 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

It is a formal marriage; or informal union; entered into by an individual before reaching the age of 16.

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

It is a marriage in which one or both of the parties is married;without his or her consent or against his or her will. Applicable Laws:

  • 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

The anti-women cultural practices in Pakistan include:Giving females in marriage or otherwise in badl-e-sulah, where a female is given in marriage or otherwise in consideration Practice of wanni, wherein young girls are forcibly married, as part of punishment for a crime committed by her male relatives. Practice of swara, where young girls are forcibly married to members of clans to resolve any feuds and is commonly found in Pashtun community. Marriage with Holy Qura’an

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