Mudassir Rizwan

The Domestic Violence (Prevention and Protection) Act 2020 seeks to establish a robust framework for the protection, relief, and rehabilitation of women, children, the elderly, and other vulnerable individuals against domestic violence. This initiative underscores a significant commitment to uphold the constitutional rights of all citizens, ensuring their dignity and safety under the law.

Recognizing the necessity of safeguarding fundamental rights as enshrined in the Constitution, this bill aims to institutionalize a protection system dedicated to providing effective services for women, children, and the elderly, as well as other vulnerable persons. The objective is to foster an enabling environment that empowers these demographics to fulfill their roles in society freely while ensuring that they are protected from domestic violence and related matters.

The pressing need for such legislation is underscored by the pervasive and systemic nature of domestic violence, which transcends age and socio-economic boundaries. Recognizing that existing legal frameworks may not adequately address the complexities of domestic violence, this bill is a crucial step towards filling a significant gap in legislative measures.

Structure of the Legislation:

Part I: Preliminary Provisions

The Act will be officially titled the Domestic Violence (Prevention and Protection) Act, 2020, applicable throughout the Islamabad Capital Territory, and will commence immediately upon passage.

Definitions:  

The bill provides a comprehensive set of definitions for key terms, including ‘aggrieved person,’ ‘domestic relationship,’ and ‘domestic violence,’ ensuring a clear and shared understanding of the issues at hand. Notably, ‘domestic violence’ is defined to encompass a wide range of abusive behaviors, including physical, emotional, psychological, sexual, and economic abuse, leaving no room for ambiguity.

Part II: Addressing Domestic Violence  

The Act delineates domestic violence as encompassing actions that instill fear or cause physical or psychological harm. It mandates that any acts of violence in a domestic context be addressed with appropriate legal repercussions, including imprisonment and monetary compensation for the victims.

Protection Measures:

The Act empowers aggrieved persons to petition the court for protection and relief, offering a streamlined process for addressing grievances related to domestic violence. Court orders can include protection and residence directives, ensuring that victims can maintain their safety and stability during legal proceedings.

Part III: Mechanisms for Protection

The establishment of Protection Committees is central to the bill, tasked with providing crucial support to victims while informing them of their rights and available resources. Protection Officers will play a vital role, assisting in the execution of protective measures and legal support for those in need.

Penalties and Enforcement:  

The legislation stipulates severe penalties for breaches of protective orders, reinforcing the institutional commitment to effectively combat domestic violence. It aims to deter potential offenders and provide immediate recourse for victims whose safety is compromised.

This bill represents a significant stride towards addressing domestic violence in Islamabad by providing legal protections and support for victims. It aligns with international human rights conventions and reaffirms the commitment to promoting gender equality and safeguarding the dignity of all individuals within the domestic sphere. By enacting this legislation, the government is not just ensuring the safety and welfare of its citizens but also holding perpetrators accountable, marking a significant advancement in the legal framework surrounding domestic violence in Pakistan.

Lastly, there is a need to implement the legislation in Pakistan, especially for the rights of women in Pakistan. Domestic violence is on the rise, and there is a need to implement the law.