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Wednesday, July 28, 2021

Domestic Violence (Prevention and Protection) Bill 2021 and Constitution of Pakistan

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The Domestic Violence Bill 2021 aims to ascertain an efficient system of safety, assistance, and rehabilitation of women, children, and the elderly, and other vulnerable people against domestic aggression.

The Domestic Violence (Protection and Prevention) Bill 2021 prepared by the Ministry of Human Rights has been presented in the National Assembly of Pakistan on Wednesday 08th July 2020, and then presented by the Chairman of the Standing Committee for Human Rights in the Senate on 27th May 2021. The bill upon introduction referred to the Standing Committee for Consideration and Report. The Standing Committees for Human Rights consider the matter at its meeting on 16th June 2021. The committee approves the essential amendments and recommended the Senate endorse this bill.

This bill protects the sufferers of familial violence, which includes bodily antagonistic acts like slapping, thrashing, kicking, and throwing stuff as well as psychologically offensive acts like bullying, arousing and fiscal abuse.

The Domestic Violence Bill 2021 aims to ascertain an efficient system of safety, assistance, and rehabilitation of women, children, and the elderly, and other vulnerable people against domestic aggression.

It also aims to provide relief to sufferers of domestic aggression who are in domestic relations and are associated to each other by consanguinity, marriage and abduct, etc.

The bill also empowers courts to grant interim orders, protective custody, and residence orders as well as award monetary relief to the victim of violence at the expense of the respondent.

The bill also envisages the formation of a protection committee to support the aggrieved person and process his/her request in courtyard.

A Senator Mustaq Ahmad Khan (Jumat e Islami) raises a question on the bill, the bill contradicts the Constitution of Pakistan and the different segments of society have concerns regarding various definitions and other contents of the bill. The Domestic Violence (Protection and Prevention) Bill 2021, Clause 3, 3 (IV), Clause 8, 8(e), 8(f) needs to elaborate.

3. Domestic Violence

Domestic violence shall mean all acts of physical, emotional, psychological, sexual, and economic abuse committed by respondent agonist women, children and vulnerable persons, or any other person with whom the respondent is or has been in a domestic relationship that causes fear, physical and psychological harm to the aggrieved person.

Also subpart of 

Clause 3 (IV): Threats of divorce or second marriage on a baseless accusation of insanity or infertility.

He also highlights the domestic violence (protection and prevention) bill 2021, Clause 8, and its subparts (e) & (f).

8. Protection order and residence order 

8 (e): to wear an ankle and wrist bracelet GPS tracker for any act of grave violence or likely grave violence which may endanger the life, dignity, or reputation of the aggrieved person: and  

8(f): to move out of the house in case of an act of grave violence if the life, dignity, or reputation of the aggrieved person is in danger.

Now, “as per Article 1, 2, 2A, 31 and 227 of Constitution of Pakistan, no law can be made which contradict with Islam.”

1. The Republic and its territories

1. Pakistan shall be Federal Republic to be known as the Islamic Republic of Pakistan, hereinafter referred to as Pakistan.

2. Islam to be State religion 

2. Islam shall be the State religion of Pakistan. 

The Objectives Resolution to form part of substantive provisions 

2A. the principles and provisions set out in the Objectives Resolution reproduced in the Annex are hereby made substantive part of the Constitution and shall have effect accordingly

31. Islamic way of life 

31. (1) Steps shall be taken to enable the Muslims of Pakistan, individually and collectively, to order their lives in accordance with the fundamental principles and basic concepts of Islam and to provide facilities whereby they may be enabled to understand the meaning of life according to the Holy Quran and Sunnah.

227. Provisions relating to the Holy Quran and Sunnah 

227. (1) All existing laws shall be brought in conformity with the Injunctions of Islam as laid down in the Holy Quran and Sunnah, in this Part referred to as the Injunctions of Islam, and no law shall be enacted which is repugnant to such Injunctions.

However, The Federal Minister of Law Dr. Babar Awan writes a letter to Speaker NA Mr. Asad Qiaser that this bill shall be sent to the Islamic ideological council for review and advice according to Article 229 Constitution of Pakistan.

229. Reference by [Majlis-e-Shoora (Parliament)], etc. to Islamic Council 

229. The President or the Governor of a Province may, or if two-fifths of its total membership so requires, a House or a Provincial Assembly shall refer to the Islamic Council for advice any question as to whether a proposed law is or is not repugnant to the Injunctions of Islam.

familial violence is a curse that increases day by day, according to media reports regardless of the high number of cases related to familial aggression that is more than one-third to all unlawful cases, the assurance pace for aggression against women is a mere one to 2.5 percent of all registered cases. 

But Pakistan is a Muslim nation state. Therefore legislation made should be according to Islamic principles. Islamic ideological council will review the bill and will suggest amendments if necessary. We are Hopeful that the Islamic ideological council will make good amendments so that bill will be acceptable to all segments of the community.

The good thing is that Punjab, Sindh, Khyber Pakhtunkhwa, and Baluchistan have already enacted legislation at their particular provincial levels. The Ministry of Human rights drafted this bill to shelter these privileges within its territorial domain.

Long live Pakistan.

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khalil ur Rehman
Writer is a HSE Professional and ISO Lead Auditor by profession. he is very much interested in International Relations, Foreign Affairs, current Affairs and Disaster Management & Emergency Response.
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  1. You should also mention about the Point of view of Islamic Council’s views about this Bill Iread they rejected it recently..

    • In this article, I have clarified the points that made this bill controversial and how this bill was against the Constitution of Pakistan.

      The general public was not fully aware of this.

  2. It is very good to legislate to end domestic violence but to finish it completely education is must.. plus If original copy of bill submitted if avaialble on any site please mention..


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