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Topic: “Women Protection Laws in Pakistan”
CAPITAL UNIVERSITY OF SCIENCE AND TECHNOLOGY
FINAL PROJECT REPORT
Course: Introduction to Law
Course Code: LAWP2003 (S1)
Submitted To: Sir Hafiz Muhammad Adnan
Submitted By: Farwa Aman (BSP201028), Muqqadas Saba
(BSP201002), Mutahra Arshad (BSP201006), Urooba Ikram
(BSP201048)
Date: December 21, 2020
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Topic: “Women Protection Laws in Pakistan”
“WOMEN PROTECTION LAWS IN PAKISTAN”
HARASSMENT:
“Any unwelcome sexual advance, request for sexual favor or other verbal or written
communication or physical conduct of a sexual nature or sexually demeaning attitudes, causing
interference with work performance or creating intimidating, hostile or offensive work
environment, or the attempt to punish the complainant for refusal to comply with such request or
is made a condition for employment”
HISTORY:
During the time the process of women's enlightenment and empowerment that was initiated
during the Musharraf rule remained in progress. The struggle of women activists that began soon
after Pakistan's formation and gained momentum after the declaration of discriminatory laws of
the Zia era saw the dawn of democratic and enlightened Pakistan’s women, where the
reconciliation process began. While Pakistan still has a long way to go in the process of creating
a democratic and safe state for women and the implementation of human rights in its true sense.
The protection of women's rights by legal amendments flourished in 2006 with the
implementation of the Women's Protection Law. The Security of Women Act was the product of
continuous demand from women's organizations and commissions at the national and
international level.
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Topic: “Women Protection Laws in Pakistan”
Harassment, founded by scholar Catherine MacKinnon as a legal term in the 1970s, was
conceived as a form of sexual harassment. Harassment laws have become a victory of secondwave feminism and its dedication to legal instruments as it reifies social inequality and pushes
the law to consider systems of social control.
While under the law, all subjects are equal, progressive laws such as those on harassment force
the law's neutral language to accept that society is in fact, unequal and this perception must be
properly considered. For example, workplace harassment recognizes that workplaces are unequal
and hierarchical, so it is very possible that those in positions of authority will be able to threaten,
bully and silence subordinates.
PURPOSE:
Pakistan's constitution does not make any discrimination between men and women. So
the purpose of this law is to create a secure environment for women.
FORMS OF HARASSMENT:
1. DISCRIMINATORY HARASSMENT:
Discriminatory harassment happens on the basis of protected clauses like race, sexuality, age,
gender, religion and disability. There are four types of discriminatory harassment.
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Topic: “Women Protection Laws in Pakistan”
I.
RACIAL HARASSMENT:
Because of race and ethnicity, an employee may be harassed. Explicit slurs about their unique
characteristics of a certain ethnicity (hair type, hair color, nose shape, etc.) Disrespecting their
culture is also a form of racial harassment, displaying disgust.
II.
SEXUALITY-BASED HARASSMENT
An employee can be harassed because of their sexuality. Employees that have sexual orientations
like heterosexual, homosexual, bisexual, asexual, etc. may experience this form of harassment.
III.
AGE-BASED HARASSMENT
The age-based discrimination in the workplace may be viewed as an employee of mature age
who is working in a company with a younger work force, or a young trainee or apprentice who is
made fun of practical jokes and who is not invited to social events and meetings. For
example: Bullying trainees.
IV.
DISABILITY-BASED HARASSMENT
Harassing or discriminating against an employee based on their physical or mental disability.
2. HARASSMENT BASED ON RELIGION
Showing hatred, disgust and disrespect to fellow employees because of their religion or religious
beliefs.
For example: Managers not granting leave or half-day to Muslim employees on a religious
holiday such as Eid-ul-Fitr.
3. PERSONAL HARASSMENT:
Personal harassment does not depend on any protective clauses. Personal harassment includes
bullying, ostracizing, shunning, and other forms of uncivil conduct.
4. PHYSICAL HARASSMENT:
Any type of behavior involving physical attacks or threats is considered physical harassment.
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Topic: “Women Protection Laws in Pakistan”
Common behaviors that constitute as physical harassment include direct threats of intent to
inflict harm, physical attacks (hitting, shoving, kicking), threatening behavior (shaking fists
angrily), destroying property to intimidate.
5. POWER HARASSMENT:
Power harassment occurs when there is a misuse of power in the hierarchy of the management
team. Making it impossible to meet deadlines, asking for unnecessary work edits, demanding
work that is below the capacity of the employee are the most common behaviors.
For example, A team leader gives a 2-hour long, non-urgent task to an employee 30 minutes
before he/she is about to leave and asks them to get it done as a matter of urgency.
6. PSYCHOLOGICAL HARASSMENT:
Any kind of workplace activity, which causes a rational person to experience mental distress, this
abuse is invisible and is hard to see and understand.
Popular actions include: isolating an employee, belittling his/her feelings, spreading gossip,
criticizing everything they say or questioning it.
For example: Never considering what that person has to say in the meeting, even when he makes
valid points.
7. SEXUAL HARASSMENT:
Unwelcomed offensive and humiliating behavior that is sexual in nature. Sexual harassment can
be direct, indirect, verbal, non-verbal, and not always physical in nature.
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Topic: “Women Protection Laws in Pakistan”
8. THIRD-PARTY HARASSMENT:
Third-party harassment is done by the vendor, supplier, customer or client too, generally to the
perceived lower-level professionals such as salespeople, assistants and receptionists.
For example: A supplier verbally abuses the accounts, payable staff member, when the money
has not been received on time.
9. VERBAL HARASSMENT:
Verbal harassment is when an employee is persistently unpleasant, rude and mean to another.
10. CYBER BULLYING:
Cyber Bullying is a kind of harassment done on the social media and internet. Common
behaviors include tagging in inappropriate memes, texting, emailing or posting disturbing or
humiliating messages.
11. STREET HARASSMENT:
Street harassment includes unwanted comments, gestures, or acts directed at someone in a public
space without their consent. Street harassment includes some of the following unwanted
behaviors: Comments, requests, and demands. Commenting on physical appearance, such as
someone's body or the clothing they're wearing.
HOW TO PURSUE ISSUE OF HARASSMENT ON LEGAL FORUM:
GENERAL STEPS SHOULD BE FOLLOWED BY VICTIM:
1. You need to make it clear to harasser that you do not like his/her advances (his advances are
unwelcome/unwarranted),
2. Even if you do not want to make a formal complaint, do inform some trustworthy colleague
in your organization,
3. If you want to lodge a complaint in an informal way, you or your designated person can
informally report this incident to your supervisor or inquiry committee,
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Topic: “Women Protection Laws in Pakistan”
4. You can also launch a formal complaint to your supervisor or inquiry committee through
your supervisor, CBA (union) nominee or worker representative (in case of absence of
union),
5. For filing a formal complaint, you have three options:
6. Either report the incident to Inquiry Committee, constituted within your organization
(Section 4)
7. Report directly to Federal/Provincial Ombudsman, appointed under this act (Section 8)
8. Report directly to Police (under Section 509 of PPC)
9. It is better to initiate complaint inside your organization.
10. If you are not satisfied with decision of inquiry committee and competent authority (of your
organization), you can appeal to Ombudsman or a District Court (in case, Ombudsmen are
not appointed)
11. If you are still aggrieved by decision of Ombudsman/District Court, you can make a
representation to President or Governor for justice.
WORKPLACE HARASSMENT:
Each organization shall constitute an Inquiry Committee to enquire into complaints under
Harassment Act 2010 Pakistan. The Committee shall consist of three members of whom at least
one member shall be a woman. One member shall be from senior management and one shall be a
senior representative of the employees or a senior employee where there is no CBA. One or more
members can be co-opted from outside the organization if the organization is unable to designate
three members from within as described above. A Chairperson shall be designated from amongst
them. In case a complaint is made against one of the members of the Inquiry Committee that
member should be replaced by another for that particular case. Such member may be from within
or outside the organization.
FILING COMPLAINT AGAINST EMPLOYER (HOW TO PURSUE ISSUE):
•
Write down the details of the incident including the date, time and location, and the
names of possible witnesses.
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•
Keep evidence of the harassment, especially if the harassment occurs through text
messages and emails.
•
Report the incident to your human resource department and your supervisor; and ask that
the harassment report is documented in your employee file.
PROCEDURE FOR HOLDING INQUIRY:
1. The Inquiry Committee, within three days of receipt of a written complaint, shall–
a. Communicate to the accused the charges and statement of allegations leveled against
him, the formal written receipt of which will be given.
b. Require the accused within seven days from the day the charge is communicated to
him to submit a written defense and on his failure to do so without reasonable cause,
the Committee shall proceed ex-parte and
c. Enquire into the charge and may examine such oral or documentary evidence in
support of the charge or in defense of the accused as the Committee may consider
necessary and each party shall be entitled to cross-examine the witnesses against him.
2. Subject to the provisions of this Act and any rules made thereunder the Inquiry Committee
shall have power to regulate its own procedure for conducting inquiry and for the fixing
place and time of its sitting.
3.
The following provisions inter alia shall be followed by the Committee in relation to
inquiry:
a. The statements and other evidence acquired in the inquiry process shall be
considered as confidential.
b. An officer in an organization, if considered necessary, may be nominated to provide
advice and assistance to each party.
c. Both parties, the complainant, and the accused, shall have the right to be represented
or accompanied by a Collective Bargaining Agent representative, a friend, or a
colleague.
d. Adverse action shall not be taken against the complainant or the witnesses.
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Topic: “Women Protection Laws in Pakistan”
e. The inquiry Committee shall ensure that the employer or accused shall in no case
create any hostile environment for the complainant to pressurize her from freely
pursuing her complaint; and
f. The Inquiry Committee shall give its findings in writing by recording reasons
thereof.
4. The Inquiry Committee shall submit its findings and recommendations to the Competent
Authority within thirty days of the initiation of inquiry. If the Inquiry Committee finds the
accused to be guilty it shall recommend to the Competent Authority for imposing one or
more of the following penalties:
i.
Minor penalties:
a. Censure
b. withholding, for a specific period, promotion, or increment
c. stoppage, for a specific period, at an efficiency bar in the timescale, otherwise
than for unfitness to cross such bar; and
d. Recovery of the compensation payable to the complainant from pay or any other
source of the accused.
ii.
Major penalties:
a. Reduction to a lower post or timescale, or to a lower stage in a timescale.
b. Compulsory retirement.
c. Removal from service.
d. Dismissal from service; and
e. Fine. A part of the fine can be used as compensation for the complainant. In case
of the owner, the fine shall be payable to the complainant.
5. The Competent Authority shall impose the penalty recommended by the Inquiry
Committee under sub-section (4) within one week of the receipt of the recommendations
of the Inquiry Committee
6.
The Inquiry Committee shall meet on regular basis and monitor the situation regularly
until they are satisfied that their recommendations subject to decision, if any of Competent
Authority and Appellate Authority have been implemented.
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7. In case the complainant is in trauma the organization will arrange for psycho-social
counseling or medical treatment and for additional medical leave.
8. The organization may also offer compensation to the complainant in case of loss of salary
or other damages.
ADVANTAGES AND DISADVANTAGES OF HARASSMENT ACT:
ADVANTAGES:
1. BENEFITS THROUGH COMPLAINS WITH HARASSMENT ACT:
According to survey report it shows after the implementation of harassment act 45%
workplaces are safer now and 95% quote enhance awareness of the act.
2. GOT SUPPORT FROM SOCIAL MEDIA:
Media create so much awareness, and people now become active on social media that they
post any event immediately. Thus, an environment created of zero tolerance about any type
of harassment.
3. EMPOWER WOMEN:
Women are much important for our society as they are core element to drive the country and
more than half population of Pakistan consists of females. Harassment act and other laws that
gives privileges to women, empower women so that they can perform better role in society
free from many types of fear.
DISADVANTAGES:
•
Women are much important for our society as they are core element to drive the country
and more than half population of Pakistan consists of females. Although Women
empowerment laws give huge protection to women, but some women exploit the position
of women by using false “women card”.
•
Women empowerment is perfect thing, but what if some women twist or misuse it for
their own purpose? The modern definition of so called “feminism” has ruined the real
ideology behind the women empowerment laws. Many of groups and NGO’s preaching
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“girl power” are just putting men down and their values in society while promoting female
superiority.
•
If there is any case between men and women, they just get to side of women without
knowing about two-sided story, no matter she is doing wrong. The laws for protection of
women are just beneficial for women not for men. A very recent example of it is
mentioned below:
➢ A college professor who was investigated for allegedly harassing a female student
was never issued a formal letter of the outcome by the inquiry committee. Instead, he
was verbally told that he has not been found guilty, and despite repeated requests for
the letter, it was never issued, making it impossible for him to clear his name. He later
committed suicide, as it impacted his marriage, family relations, and mental health.
This suggests that workplace harassment policies have also failed to protect the rights
of accused men and these laws are at risk of being applied to settle workplace
jealousies.
HOW TO PERSUE COMPLETE PROCESS OF CYBER HARASSMENT?
CYBER HARASSMENT:
“Cyber harassment is form of harassment that takes place using electronic technology. Electronic
technology includes devices and equipment such as cell phones, computers, tablets as well as
communication tools including social media sites, text messages and websites.”
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SOME COMMON FORMS OF CYBER HARASSMENT:
Here are some forms of Cyber harassment:
1. DENIGRATION:
Distributing information about another that is derogatory and untrue through posting it on a web
page, sending it to others through email or instant messaging, or posting or sending altered
photos of someone.
2. FLAMING:
Online “fighting” using electronic messages with angry, vulgar language.
3. IMPERSONATION:
Breaking into an email or social networking accounts and using that person’s online identity to
send or post vicious or embarrassing material about others.
4. OUTING AND TRICKERY:
Sharing someone secrets or embarrassing information, or tricking someone into revealing secrets
or embarrassing information and forwarding it to others.
5. CYBER STALKING:
Repeatedly sending messages that include threats of harm or are highly intimidating, or engaging
in other online activities that make a person afraid for his or her safety (depending on the content
of the message, it may be illegal).
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PROCESS FOR COMPLAINING CYBER HARASSMENT:
With over 100 million users of smartphones in Pakistan, Pakistan has been included in the list of
the fastest-growing countries that are using the internet which only opens the doors for the fact.
That cyber bullying is increasing as well, yet there isn’t any legislation for cybercrimes in
Pakistan. However, if someone is being bullied online or you are a victim yourself, here’s the
process:
1. REGISTER A COMPLAINT THROUGH FIA:
Simply write down your application (in English or in Urdu), narrate your complete problem,
provide as many evidences, details as you can and send it to FIA National Response Center for
Cyber Crimes (NR3C).
2. INTERNET
CRIME
COMPLAINS
CENTER
(FEDERAL
BUREAU
OF
INVESTIGATION):
The IC3 accepts online Internet crime complaints from either the actual victim or from a third
party to the complainant. The IC3's ability to process your complaint will be based upon the
accuracy and completeness of the information provided. The required information include:
victim’s name, address, telephone number and email.
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3. CITIZENS-POLICE LIAISON COMMITTEE
The Citizens-Police Liaison Committee (CPLC) has set up a women complaint cell aimed at
dealing with women harassment issues across the country. Complaints can be made on these
numbers: 021-35662222, 021-35682222.
4. MADADGAAR NATIONAL HELPLINE:
From psychological counseling to legal aid, this is the organization you should look up to for
help. The cherry on top, it is cost-effective too.
5. DIGITAL RIGHT FOUNDATION (DRF)
This is another cyber harassment helpline. Digital Rights Foundation envisions a place where
all people, and especially women, are able to exercise their right of expression without being
threatened. Digital Rights Foundation believes that a free internet with access to information
and faultless privacy policies can encourage such a healthy and productive environment that
would eventually help not only women, but the world at large. According to the Cyber
Harassment Helpline’s one-year report published by Digital Rights Foundation (DRF), Punjab
has emerged as the region with the greatest number of harassment cases being reported.
EFFECTS OF CYBER HARASSMENT:
Cyber harassment affects people from any age or walk of life, including children, teens and
adults. Most commonly arising health related issues are following;
1. DISINTERESTED:
When cyber bullying is ongoing, victims often relate to the world around them differently
than others. For many, life can feel hopeless and meaningless. They lose interest in things
they once enjoyed and spend less time interacting with family and friends. And, in some
cases, depression and thoughts of suicide can set in.
2. DEPRESSION:
Victims of cyber harassment often fail to cope with anxiety, depression and other stressrelated conditions. This occurs primarily because cyber bullying destroys their self-confidence
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and self-esteem. Cyber bullying on a regular basis erode their feelings of happiness and
contentment.
3. PHYSICAL SICKNESS:
Victim of cyber harassment often experience headaches, and other health related issues. The
stress of harassment also can cause stress-related conditions like stomach ulcers and skin
condition. Additionally, victims who are cyber bullied may experience changes in eating
habits like skipping meals or start excessive eating. And their sleep patterns may be impacted.
They may suffer from insomnia (inability to sleep), sleep more than usual or experience
nightmares.
4. SUICIDE:
Cyber bullying increases the suicide risk. Victims that are constantly suffering by peers
through text messages, instant messaging, social media, and other outlets, often begin to feel
hopeless. They may even begin to feel like the only way to escape the pain is through suicide.
As a result, they may dream about ending their life in order to escape from their suffering.
5. ISOLATED:
When cyber bullying occurs, most people recommend shutting off the computer or turning off
the cell phone. This often means cutting off communication with their world. Their phones
and their computers are one of the most important ways they communicate with others. If that
option for communication is removed, they can feel secluded and cut off from their world.
STRATEGIES TO PREVENT CYBER HARASSMENT:
1. EDUCATE YOURSELF:
To prevent cyber bullying from occurring you must understand exactly what it is. Research what
constitutes cyber bullying, how and where it occurs, and talk with your friends about what they
are seeing and experiencing.
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2. PROTECT YOUR PASSWORD:
Safeguard your password and all private information from curious peers. You don't want to give
bullies the opportunity to post false/private/embarrassing information or pictures on your social
media pages or send them to the whole school through email.
3. PAUSE BEFORE YOU POST:
Don't post anything that can compromise your reputation. People will judge you based on how
you appear to them online; bullies can use it as fuel.
4. NEVER OPEN MESSAGES FROM PEOPLE YOU DON'T KNOW:
Delete all messages without reading them from people you don't know, as they could contain
viruses and infect your computer. The same goes for messages from known bullies. It is best to
not engage and ignore them.
LIST OF LAWS WHICH GIVES DIFFERENT PRIVILEGES TO WOMEN
IN PAKISTAN
1. National Commission on status of Women
2. Women in Distress and Detention Fund Act 2010
3. Prevention of Anti-Women Practices Act, 2011
4. The Acid Control and Acid Crime Prevention Act, 2011
5. The Domestic Violence Prevention and Protection Bill 2012
6. Criminal Law (Amendment) (Offense of Rape) Act 2016
7. Criminal Law (Amendment) (Offences in the name or pretext of Honor) Act, 2016
8. Prevention of Electronic Crimes Act, 2016
9. Hindu Marriage Act, 2017
1. NATIONAL COMMISSION ON STATUS OF WOMEN:
National Commission on Status of Ladies (NCSW) may be a Pakistani statutory body built up by
the President Pervez Musharraf, beneath the XXVI Statute dated 17 July 2000. Mumtaz Rashidi.
It is a result of the national and worldwide commitments of the Government of Pakistan like
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Beijing Announcement and Stage for Activity, 1995 and 1998 National Arrange of Activity
(NPA) for women, 1998.
OBJECTIVE:
The primary objective of the Commission is the liberation of women, equalization of opening
and socio-economic conditions among women and men, and disposal of all sorts of segregation
against women The most capacities of the Commission incorporate the examination of
the approach, programs and other
measures taken by the Pakistani Government for
women's advancement and the audit of all arrangements, laws, rules and directions influencing
the status and rights of ladies and sex correspondence in agreement with the Structure. Other
center zones of the committee incorporate savagery against ladies and the needs of rural working
women.
MISSION:
The NCSW was shaped with the purposeful of looking at arrangements, programs, and laws
that influence women's advancement and sex uniformity. The commission endeavors to construct
and keep up connections with NGO's and other specialists in arrange to viably ensure women's
rights. NCSW primarily works and halls with legislators, parliamentarians, and other choice
products for advancement of laws and controls pointed at enabling ladies within the social,
financial, and political circles.
HISTORY:
In 2000, the official National Commission on the Status of Ladies was shaped through a
presidential law. From 2000-2012 four commissions served out their terms and cycled through
four diverse chairpersons. In 2013, the National Commission picked up authoritative and
monetary independence and so the fifth commission was shaped. The commission is as of now
on its 6th commission and will reestablish in November 2019.
ESTABLISHMENT:
The NCSW is composed of one Chairperson and thirteen free individuals, ideally ladies, two
from each area, one each from FATA, AJK, Gilgit Baltistan and Islamabad Capital Domain, and
one part from the devout minority communities, as well as agents of each common commissions
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Topic: “Women Protection Laws in Pakistan”
on the status of ladies, and five ex-officio individuals speaking to distinctive government
services. The Chairperson and the individuals are designated for a term of three a long time.
CURRENT STATUS AND CONTROVERSY:
Concurring to the NCSW Act, 2012, the government is bound to name NCSW’s individual
inside thirty days of event of an opening. In any case, NCSW’s chairperson has not
been named in spite of the fact that the residency of its going before Chairperson Khawar
Mumtaz lapsed in October 2019. According to the law, the Prime Serve and Pioneer of
the Resistance within the National Get together commonly brief list three names for the position
of Chairperson and forward them to a Parliamentary Committee for making last choice. In case
of need of agreement between the Pioneer of the House and the Resistance, a Parliamentary
Committee,
comprising
of break
even
with representation
from
the
treasury
and restriction seats of the Senate and National Gathering, constituted by the Speaker of the
National Gathering, forward the title of affirmed chosen one to the Prime Serve of Pakistan, for
appointment. Professor Dr. Maher Taj Roghani is serving as the Chairperson of the 12-member
Parliamentary Committee set up for the Chairperson of the NCSW.
PUBLICATIONS:
A number of inquire about reports have been distributed by the commission. These reports play
a critical part in guaranteeing modern enactment and choice making
at approach level, in
this
way contributing to the improvement of women in society. A few of the striking investigate
reports incorporate. Get to Equity for survivors of Sexual Attack- a Pilot Think about,
Standardized Markers Viciousness against Women in Pakistan, Women's Rights of Legacy, and
its Execution, and Aurat Tari Khani.
2. WOMEN IN DISTRESS AND DETENTION FUND ACT 2010
1. The Act and Reason of the Finance: Ladies in Trouble and Detainment Finance Act was
passed by the Parliament of Pakistan in 1996. Its rules were surrounded in 1999 and in
2011, the Act was corrected to form it operation beneath the Service of Human Rights.
The Support built up beneath WDDF Act gives money related and lawful help to women
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Topic: “Women Protection Laws in Pakistan”
in trouble and detainment. This finance permits up to Rs. 10,000 for lawful help,
safeguard and other back to the taking after categories of meriting women:
2. Deserving Ladies (Categories) Women in detainment for books, installment of stipend
or ladies doled out educating occupations.
3. It too gives reserves to ladies in
cases
of extraordinary hardship
for
purposes
of
rehabilitation
4. Disabled LadiesDeserving ladies enduring from genuine afflictions counting mental afflic
tion or who are in trouble and require therapeutic aid Burn cases.
5.
Distressed ladies and their minor children in require of shelter Women truly abused by
their husband’s Similar cases of grave distress
6. Legal help to women in detention or distress
3. PREVENTION OF ANTI-WOMEN PRACTICES ACT (2011)
The Anticipation of Anti-Women Hones (Criminal Law Correction) Act 2011 was passed by
the
National Gathering of
Pakistan
on
Tuesday
15th
November
2011
after
much extraordinary exertion and campaigning by the women's development and the movers
of the Charge, driven by Dr. Donya Aziz (PML- Q). This law denies a few harsh and biased
traditions practiced towards ladies in Pakistan which are not as it were against the respect of
Women, but too damage human rights and are opposite to Islamic Orders. These standard
homes are utilized, particularly against women, in arrange in arrange to apply control over
them, segregate against them, encroach upon their essential rights and to control them. The
law has too always been controlled to miss these practices as 'crimes' and thus permitting
culprits to go free.
Standard hones that are criminalized beneath this Act include:
•
Giving a woman in marriage or something else in badla-e sulh, wanni or swara
•
Depriving ladies from acquiring property
•
Forced marriages Marriage with the Heavenly Quran
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The “Prevention of Anti-Women Hones Act, 2011” revised Pakistan Corrective Code and
Criminal Method Code as well by including an unused chapter to Pakistan Correctional Code
to bring the disciplines into impact.
SECTION 310-A
Under section 310-A, there shall be punishment for giving a woman in marriage or otherwise
in badla-e sulh, wanni or swara or any other custom or practice under any name in
consideration of settling a civil dispute or a criminal liability, shall be punished with
imprisonment of either description for a term which may extend to seven years but shall not
be less than three years and shall also be liable to a fine of five hundred thousand rupees.
SECTION 498A
Under section 498 A, depriving women from inheriting property by deceitful or illegal means
shall be punished with imprisonment which may extend to ten years but not be less than five
years or with a fine of one million rupees or both.
SECTION 498 B
Under section 498 B, forced marriages are ten years maximum and three years minimum of
jail term along with a fine of five hundred thousand rupees.
SECTION 498 C
Under section 498C, forcing, arranging, or facilitating a woman’s marriage with the Holy
Quran is punishable with a jail term of maximum seven and minimum three years, along with
a fine of five hundred thousand rupees.
4. THE ACID CONTROL AND ACID CRIME PREVENTION ACT 2011
BACKGROUND:
Acid throwing attacks are extremely violent crimes by which the perpetrators of the crime seek
to inflict severe physical and mental suffering on their victims. This form of violence is often
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Topic: “Women Protection Laws in Pakistan”
inflicted on women. The most common reasons for such attacks are domestic violence, refusal of
marriage proposal, denial of sexual advance etc. The acid is usually thrown at the victim’s face
with the intent of disfiguring the woman in revenge for her refusing the advances of the
perpetrator. Racial and cultural reasons include failure of a girl to bring dowry, political rivalries,
and land disputes. Such attacks may also take place during robbery. Acid attacks are
premeditated because the perpetrator first obtains the acid, carries it with him/her and stalks the
victim before executing the act.
PURPOSE:
The main cause is the absence of proper legislation on acid crimes. Moreover, there is no law to
regulate the manufacturing and supply of acids and therefore anyone has easy access to them.
The Acid Control and Acid Crime Prevention Act, 2011 (Criminal Law Second Amendment Act,
2011) made amendments in Pakistan Penal Code and Criminal Procedure Code to punish
perpetrators of acid crimes by clearly including acid crimes in the definition of hurt. The
definition now includes “hurt by dangerous means or substance, including any corrosive
substance or acid to be crimes”.
Through an amendment in Section 336-B of Pakistan Penal code, Punishment of offenders under
this Act can extend up to life imprisonment.
The Act makes it mandatory for the offender to pay a fine which may not be less than five
hundred thousand rupees.
PUNISHMENTS:
There is also a punishment for unauthorized sellers. This is:
1. On first conviction, an imprisonment of one year or a fine of a hundred thousand rupees
or both.
2. On second and subsequent conviction, an imprisonment of two years or a fine of two
hundred thousand or both.
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Topic: “Women Protection Laws in Pakistan”
5. THE DOMESTIC VIOLENCE PREVENTION AND PROTECTION BILL 2012
Domestic Violence includes but is not limited to, all acts of gender based, and other physical or
psychological abuse committed by a respondent against women, children, or other vulnerable
persons, with whom the respondent is or has been in a domestic relationship.
ABET:
Abet as defined in Pakistan Penal Code (Act XLV of 1860) hereinafter referred to in this section
as the said Code.
ASSAULT:
Assault as defined in section 351 of the said Code
ATTEMPT:
Attempt as defined in section 511 of the said Code to Domestic Violence to commit any of the
offenses enumerated in this section.
CRIMINAL FORCE:
It is defined in section 350 of the said Code
CRIMINAL INTIMIDATION:
It is defined in section 503 of the said Code
EMOTIONAL, PSYCHOLOGICAL, AND VERBAL ABUSE:
It means a pattern of degrading or humiliating conduct towards the victim, including but not
limited to obsessive possessiveness or jealousy constituting serious invasion of the victim’s
privacy, liberty, integrity, and security
•
Insults or ridicule
•
Threat to cause physical pain
•
Threat of malicious prosecution
•
Blaming a spouse of immorality
•
Threats of divorce baselessly blaming or imputing insanity, or citing barrenness of a
spouse with the intention to marry again
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Topic: “Women Protection Laws in Pakistan”
•
Bringing false allegation upon the character of a woman member by any member of the
shared household
•
Willful or negligent abandonment of the aggrieved person
HARASSMENT:
It is defined in section 509 of the said Code
HURT:
Hurt as defined in sections 332, 333, 335, 336A, 337, 337B, 337C, 337E, 337J, 337K, 337L of
the said Code
MISCHIEF:
It is defined in section 425 of the said Code against the property of the aggrieved person
PHYSICAL ABUSE:
It means any hurt caused by any act or 5 conducts as defined in section 5(f) of this Act
STALKING:
It includes but is not limited to accosting the aggrieved person against his or her wishes and
watching or loitering outside or near the building or place where the-aggrieved person resides or
works or visits frequently.
SEXUAL ABUSE:
It includes any conduct of a sexual nature that abuses, humiliates, degrades, or otherwise violates
the dignity of the aggrieved person which may include
•
Compelling the wife to cohabit with anybody other than the husband
•
Any kind of sexual abuse including sexual harassment of a member of the family
TRESPASS:
It means entry into aggrieved person’s residence either temporary or permanent without his or
her consent, and includes workplace or frequently other place where the parties do not share the
same residence
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Topic: “Women Protection Laws in Pakistan”
WRONGFUL CONFINEMENT:
It is defined in section 340 of the said Code of domestic abuse includes deprivation of economic
or financial resources or prohibition or restriction to continue access to such resources which the
aggrieved person is ordinarily entitled to.
PASSING OF PROTECTION ORDERS AND RESIDENCE ORDERS:
The court on being satisfied that domestic violence has prima facie taken place may pass a
protection order in favor of the aggrieved person and prohibit the respondent from
1.
committing any act of domestic violence
2.
aiding or abetting in the commission of acts of domestic violence
3.
entering the place of employment of the aggrieved person or, if the aggrieved person is a
child, his or her educational institution or any other place frequented by the aggrieved
person
4.
attempting to communicate in any form, whatsoever with the aggrieved person, including
personal, oral, or written, electronic, or telephonic or mobile phone contact
5.
causing violence to the dependents, other relatives or any person who gives the aggrieved
person assistance against domestic violence
6.
committing any other act as specified in the protection order
The court shall in all cases where it has passed any order under this section, order that a copy of
such order, shall be given to the parties to the application, the officer in charge of the police
station in the jurisdiction of which the court has been approached as well as to the service
provider located within the local limits of the jurisdiction of the court.
6. CRIMINAL LAW (AMENDMENT) (OFFENSE OF RAPE) ACT 2016
Sections 376, 376A, 53A, 154, 161A, 164A and 164B have been added/amended through this
Act.
1. Rape, gang rape, rape of minors and/or persons with disabilities is punishable with
imprisonment for life and fine.
2. Anyone who obstructs the work of a police officer or Government official will be punished
with imprisonment of 1 year (instead of 3 months in the earlier provision).
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Topic: “Women Protection Laws in Pakistan”
3. Government officials who take advantage of their official position and commit rape (e.g.,
custodial rape) are liable to imprisonment for life and fine.
4. Whoever prints or publishes the name or any matter which may publicize the identity of an
alleged victim of rape, gang rape, or outraging modesty of a woman, shall be punished with a
maximum of 3 years imprisonment and fine.
5. For the purpose of gathering evidence of rape or gang rape, it is lawful for a registered medical
practitioner employed in a Government hospital to examine the accused and collect necessary
evidence, including DNA evidence.
6. Recording of statement of the female survivor of rape or sexual harassment shall be done by
an Investigating Officer, in the presence of a female police officer, or a female family member of
the survivor.
7. Survivors of rape shall be provided legal aid (if needed) by the Provincial Bar Council.
8. Medical examination of the survivor of rape shall be conducted after obtaining consent from
the survivor, by a registered medical practitioner as soon as possible after the alleged crime takes
place.
9. A trial for rape shall conclude within three months, failing which the matter shall be brought
to the notice of the Chief Justice of the High Court for appropriate directions.
10. All trials under the Act will be conducted in camera, i.e., privately, and will not be made
public.
11. Public servants (e.g., police) who fail to carry out investigation properly will be punished
with imprisonment of 3 years or fine or both.
7. CRIMINAL LAW (AMENDMENT) (OFFENCES IN THE NAME OR
PRETEXT OF HONOR) ACT, 2016
This
Act
has
amended
section
290,
302,
309,
310,
311,
338E
and
345.
1. Fasad-fil-arz, a concept used to decide severity of punishment awarded, including the
offender's past convictions, extreme nature of the offence, and the offender being a danger to the
community, now includes offences committed in the name of honor. The application of this
concept
automatically
gives
rise
to
severe
punishments
for
honor
crimes.
2. Murder committed in the name of honor is punishable with death or imprisonment for life.
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Topic: “Women Protection Laws in Pakistan”
3. For murder committed in the name of honor, even if the accused is pardoned by the Wali or
other family members of the victim, the Court will still punish the accused with imprisonment
for life.
8. PREVENTION OF ELECTRONIC CRIMES ACT, 2016
In 2016, the National Assembly enacted the Prevention of Electronic Crimes Act (“PECA”) to
provide a comprehensive legal framework to define various kinds of electronic crimes,
mechanisms for investigation, prosecution and adjudication in relation to electronic crimes.
Section 21 provides that use of electronic means that may result in reputational damage or breach
of privacy shall be punishable with imprisonment of up to 7 years or with which may extend up
to 5 million rupees or both.
Under Section 22, punishment of up to seven years or fine up to 5 million rupees or both has
been prescribed for the offence of producing, distributing or transmitting pornographic material
showing underage girls engaged in sexually explicit conduct.