November 4, 2016

Laws & Remedies

Laws & Remedies

 

Broader forms of violence and their remedies 

 

  1. Physical
  2. Sexual
  3. Emotional/ Psychological
  4. Economic
  5. Electronic
  6. Physical Violence:
  7. Domestic Violence:

Most common form of physical violence is domestic violence.  Domestic Violence is violent or aggressive behavior within the home, typically involving the violent abuse of a spouse or his relatives. It is not exhaustive concept and includes wide range of forms of violence and aggression towards women.  It includes all gender based violence and other psychological and physical violence committed by an individual against women with whom she is in a domestic relationship.

Furthermore common kinds of Domestic Violence are:

  1. Beating
  2. Battering
  3. Assaulting
  4. Verbally abusing
  5. Economic Abuse
  6. Psychological violence

Emotional, Psychological and verbal abuse mean a pattern of degrading or humiliating conduct toward the victim e.g. serious violation of victim’s privacy, liberty, integrity and security, insults, threats of physical pain, hurt and malicious prosecution and divorce, blaming for immorality and so on.

‘Harassment’ is also construed as domestic violence. “Harassment” means engaging in a pattern of conduct that evokes the fear of harm to the victim and includes extending threats directly or indirectly through any manner to intimidate the women.

‘Economic abuse’ includes deprivation of economic or financial resources or prohibition or restriction to continue access to such resources which a woman is entitled to.

Laws against offence:

  • Domestic Violence (prevention and protection) Bill, 2012
  • Sindh Domestic Violence (prevention and protection) Bill, 2013
  • Baluchistan Domestic Violence (prevention and Protection) Bill, 2014
  • The Punjab Protection of Women against violence Act, 2016

Remedies available to victim:

  • File an FIR with the local police station
  • File a petition to the court within whose jurisdiction the victim or perpetrator last resided or conducted business.

2. Honor-Crimes:

An honor killing is the homicide of a member of a family or social group by other members, due to the belief the victim has brought dishonor upon the family or community. The death of the victim is viewed as a way to restore the reputation and honor of the family.

Laws against offence:

  • Criminal Law Amendment Act, 2004
  • Anti-Honor killing laws (Amendment) Bill, 2014
  • Anti-Honor killing bill, 2016

Under amendment in section 299, definition of honor crimes is given which are “offences committed in the name or on the pretext of honor means an offence committed in the name or on the pretext of karo kari, siyah kari or similar other customs or practices” which allow family members to kill women, and also men, on the pretext of having brought dishonor to the family.

Anyone who wishes to waive or compound the offence, in cases of honor crimes, the conditions have to be approved by the Court.

Remedies available to victim:

  • File FIR with local police station
  • Filing of complaint under section 200 of Code of Criminal Procedure, 1898

Penalties in Law:

  • Minimum 10 years and maximum 25 years for any murder committed under the pretext of honor. (Section 316, Pakistan Penal Code).
  • Under amendment in section 310 and 310 A, badal-e-sulha, (giving women in marriage or otherwise in compensation of crimes committed) is a crime and who so ever does so is liable to be imprisoned for a minimum of 3 years and maximum of 10 years.

3. Acid –Throwing:

Acid throwing, also called an acid attack, a vitriol attack is a form of violent assault defined as the act of throwing acid or a similarly corrosive substance onto the body of another “with the intention to disfiguremaimtorture, or kill”. Perpetrators of these attacks throw acid at their victims, usually at their faces, burning them, and damaging skin tissue, often exposing and sometimes dissolving the bones.

Laws against Offence:

  • 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

Remedy available to victim:

  • Filing of FIR in police station falling under jurisdiction
  • Filing of complaint under section 200 of Code of Criminal Procedure, 1898

Penalties in law:

Whoever cause hurt by corrosive substance shall be punished with imprisonment for life or imprisonment of either description which shall not be less than 14 years and a minimum fine of one million rupees.

4. Child Marriage:

Child marriage is a formal marriage or informal union entered into by an individual before reaching the age of 18. This age is 18 years for male and 16 years for female.  Parents of such children along with the person who solemnizes their marriage is liable to be punished.

Laws against Offence:

  • Child marriage restraint Act, 1929
  • Punjab Marriage Restraint (amendment) Bill, 2015

Remedies available to victim:

  • Filing of FIR in police station falling under jurisdiction
  • Filing of complaint under section 200 of Code of Criminal Procedure, 1898

Penalties in law:

If a person, not being a minor, contracts child marriage, shall be liable to punishment of simple imprisonment, which may extend to six months and fine of fifty thousand rupees.

  • Whoever performs conducts or directs child marriage shall be punishable with simple imprisonment, which may extend to six months and fine of fifty thousand rupees.
  • Where a minor contracts child marriage, any person, being parent or guardian of a minor, lawful or unlawful, who does any act to promote the marriage or permits it to be solemnized, or negligently fails to prevent it from being solemnized, shall be punishable with simple imprisonment, which may extend to six months and fine of fifty thousand rupees.

5. Forced Marriage:

Forced marriage is a marriage in which one or both of the parties are married without consent and against will. Such kind of offence takes place whenever a woman is coerced or in what so ever manner compelled to enter into marriage.

Laws against Offence:

  • The Prevention of Anti-women practices (Criminal law amendment) Act, 2011
  • Sections 310-A, 498-B, 498-C, Pakistan Penal Code, 1860

Such acts are deemed to force a woman to enter into marriage:

  • Giving a female in marriage or otherwise in Badl-e-Sulh, wanni or swara;
  • Acts of coercion and compulsion against women to enter into marriage;
  • Getting women married with Holy Qur’an

Penalties in law:

  • Anyone who is involved in coercing or compelling women into marrying is punishable by law for a minimum of 3 years and up to 7 years of imprisonment.
  • Forced marriages (other than those for settling disputes) to be punishable by 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 Rs.0.5 million.

6. Sexual Violence:

The term “Sexual Violence” is an all-encompassing, non-legal term that refers to crimes, like sexual assault, rape, sexual abuse and sexual harassment at work-places. It takes place in many different forms.

  1. Rape
  2. Voyeurism
  3. Stripping
  4. Exhibitionism
  5. Sexual photography
  6. Incest
  7. Forced prostitution
  8. Trafficking for sexual exploitation
  9. Stalking
  10. Eve-Teasing
  11. Sexual harassment at work-place
  • Rape:

A man is said to have committed rape when he has had sexual intercourse with a woman under circumstances falling under any of the five following descriptions,

  1. Against her will;
  2. Without her consent;
  • With her consent, when the consent has been obtained by putting her in fear of death or of hurt;
  1. With her consent, when the man knows that he is not married to her and that the consent is given because she believes that the man is another person to whom she is or believes herself to be married;
  2. With or without her consent when she is under sixteen years of age

Laws against Offence:

Section 376, Pakistan Penal Code, 1860

  • Anti-Rape Bill, 2016
  • Torture, custodial death and custodial rape (prevention and punishment) Act, 2014

Remedies available to victim:

  • File FIR with police-station falling in jurisdiction;
  • Complaint with magistrate under section 200, Pakistan Penal Code

Penalties in law:

  1. The law states that whoever commits rape shall be punished with death or imprisonment of no less than ten years the punishment years can increase to 25 year depending on the severity of the case and the criminal shall also be liable to fine.
  2. If the rape is committed by two or more persons with common intention like gang rape the criminals should meet the fate of death or lifetime imprisonment.

Anti-Rape Bill – A Break-through:

 Verdict in rape cases have to be given in 3-months

  1. Right to appeal in 6-months
  2. Protection of identity of rape victims
  3. Penalties for disclosure of personal information of rape victims
  4. Mandatory medical test and extraction of DNA within 24-hours of receipt of information of such an offence.
  • Voyeurism & Exhibitionism:

It takes place when one obtains sexual gratification from observing individuals who are partly undressed, naked, or engaged in sexual acts; broadly one who habitually seeks sexual stimulation by visual means.

Laws against offence:

  • Criminal Law (Amendment) Bill, 2015, with added section 377-A & 377-B, Pakistan Penal Code
  • Criminal Law (Amendment) Act, 2013

Remedies available to victim:

  • File FIR with police-station falling in jurisdiction
  • Complaint with magistrate under section 200, Pakistan Penal Code

Whoever employs, uses, forces, persuades, induces, entices, or coerces any person to engage in, or assist any other person to engage in fondling, stroking, caressing, exhibitionism, voyeurism or any obscene or sexually explicit conduct or simulation of such conduct either independently or in conjunction with other acts, with or without the consent, is said to commit the offence of sexual abuse.

Penalties in law:

Whoever commits the offence of sexual abuse shall be punished with imprisonment of either description for a term which may extend to life imprisonment and liable to fine which shall not be less than five hundred thousand rupees or with both.

  • Outraging modesty of a woman & stripping in public:

Laws against offence:

Sections 354 and 354-A, Pakistan Penal Code, 1860

Penalties in law:

  • Assault or use of criminal force to woman and stripping her of her clothes.–Whoever assaults or uses criminal force to any woman and strips her of her clothes and, in that condition, exposes her to the public view, shall be punished with death or with imprisonment for life, and shall also be liable to fine.
  • Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
  • Forced Prostitution and trafficking of women for purpose of sexual exploitation:

Offence & Penalties in law:

Selling person for purposes of prostitution etc.–Whoever sells, lets to hire, or otherwise disposes of any person with intent that such person shall at any time be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such person will at any time be employed or used for any such purpose, shall be punished with imprisonment which may extend to twenty-five years, and shall also be liable to fine.

Explanations.–(a) When a female is sold, let for hire, or otherwise disposed of to a prostitute or to any person who keeps or manages a brothel, the person so disposing of such female shall, until the contrary is proved, be presumed to have disposed of her with the intent that she shall be used for the purpose of prostitution.

(b)  For the purposes of this Section and Section 371B, “illicit intercourse” means sexual intercourse between persons not united by marriage.

  • Kidnapping, abducting or inducing woman to compel for marriage:

Offence and Penalties in law:

 Whoever kidnaps or abducts any woman with intent that she may be compelled, or knowing it to be likely that she will be compelled, to marry any person against her will, or in order that she may be forced, or seduced to illicit intercourse, or knowing it to be likely that she will be forced or seduced to illicit intercourse, shall be punished with imprisonment for life, and shall also be liable to fine; and whoever by means of criminal intimidation,  induces any woman to go from any place with intent that she may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall be punishable with death or imprisonment for life.

Reference law against offence:

  • Torture, custodial death and custodial rape (prevention and punishment) Act, 2014
  • Stalking and Eve-Teasing:

Few years back the court ordered that incidents of harassment should not be referred to as eve-teasing anymore and should be termed sexual harassment.

Laws against offence:

  • Section 509, Pakistan Penal Code, 1860
  • Protection of Women against violence Bill, 2015

Description:

whoever;- (i) Intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman; (ii) conducts sexual advances, or demands sexual favors or uses written or verbal communication or physical conduct of a sexual nature which intends to annoy, insult, intimidate or threaten the other person or commits such acts at the premises of work place, or makes submission to such conduct either explicitly or implicitly a term or condition of an individual’s employment, or makes submission to or rejection of such conduct by an individual a basis for employment decision affecting such individual, or retaliates because of rejection of such behavior, or conducts such behavior with the intention of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working.

Penalties in law:

An offender shall be punished with imprisonment which may extend to three years or fine up to five hundred thousand rupees or with both.

Remedies available to victim:

  • Protection centers and shelter homes
  • Centers for reconciliation and resolution of disputes
  • District Women protection committee
  • Toll-free universal access no. (UAN)
  • Concurrent Remedies:
  • Complaint to magistrate under section 200, Code of criminal procedure, 1898
  • Filing of FIR with local police station
  • Sexual Harassment at workplace:

Law against offence:

  • The Protection against harassment of women at workplace act, 2010

“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, causing interference with work performance or creating an intimidating, hostile or offensive work environment, or the attempt to punish the complainant for refusal to comply to such a request or is made a condition for employment.

Remedies available to victim:

  • Complaint to Ombudsman, i.e. established at Provincial and Federal Level

Penalties in law:

  • 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 time-scale, 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 time-scale, or to a lower stage in a time-scale; (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.

7. Economic Violence or Abuse:

Unlike Physical and sexual Violence, the economic violence is a form of violence, which receives little attention from the law-makers.

Although containing further sub-categories of economic violence, the recognition and attention it gets is, unfortunately, less than what is required to curb it.

It includes:

  • Limited access to funds and credit
  • Controlling access to health-care, employment, education, including agricultural resources
  • Exclusion from financial decision-making
  • Discriminatory traditional laws on inheritance
  • Discrimination with regard to property laws
  • Denial to use of communal land
  • Unequal remuneration at work places, i.e. remain under-paid
  • Barred unreasonably from working by partners
  • Abandonment of family maintenance
  • Denial of payment of dower

Laws against offence:

  • Section 498-A, Pakistan Penal Code, 1860
  • Section 9, Muslim Family Laws Ordinance, 1961
  • Section 2 (ii), Ground for dissolution of marriage
  • The Women in distress and detention fund Act
  • The Punjab Protection of women against violence act, 2016

Penalty for failure to provide maintenance to Wife:

If any husband fails to maintain his wife adequately, or where there are more wives than one, fails to maintain them equitably, the wife, or all or any of the wives, may in addition to seeking any other legal remedy available apply to the Chairman who shall constitute an Arbitration Council to determine the matter, and the Arbitration Council may issue a certificate specifying the amount which shall be paid as maintenance by the husband.

It can be taken as a ground for dissolution of Muslim marriage, where that the husband has neglected or has filed to provide for her maintenance for a period of two years;

Penalties in law:

Depriving woman from inheriting property under section 498-A, Pakistan Penal Code, 1860

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.

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