Laws & Remedies
Laws & Remedies
Laws & Remedies
Physical Violence
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 recognized as a violation of fundamental human rights. Pakistan’s legal system provides protection through a combination of federal statutes and specialized provincial acts, which now explicitly criminalize physical, emotional, psychological, sexual, and economic abuse.
Applicable Laws & Recent Updates
- Federal (ICT): The Domestic Violence (Prevention and Protection) Act, 2025 provides a comprehensive framework for the Islamabad Capital Territory, setting a high standard for protection and rehabilitation.
- Punjab: The Punjab Protection of Women against Violence Act, 2016. Recent 2024/2026 proposals aim to make domestic violence a non-bailable and cognizable offence with fines increased up to Rs 1 million.
- Sindh: The Sindh Domestic Violence (Prevention and Protection) Act, 2013.
- Balochistan: The Balochistan Domestic Violence (Prevention and Protection) Act, 2014.
- Khyber Pakhtunkhwa: The Khyber Pakhtunkhwa Domestic Violence (Prevention and Protection) Act, 2021.
How to Avail Legal Remedy
Survivors have multiple avenues for immediate and long-term redress:
- Reporting to Law Enforcement: File a First Information Report (FIR) at the local police station or through specialized women’s police stations (e.g., the Virtual Women Police Station in Punjab).
- Judicial Petitions: File a petition in the Court of the First Class Magistrate. Under new 2025/2026 protocols, the court is mandated to fix the first hearing within 7 days and resolve the case within 90 days.
- Seeking Court Orders:
- Protection Order: Prohibits the respondent from committing further acts of violence or communicating with the aggrieved person.
- Residence Order: Ensures the survivor is not evicted from the shared household, regardless of ownership, and may require the abuser to vacate the premises.
- Monetary Order: Mandates financial support for medical expenses, loss of earnings, and maintenance for the survivor and children.
Punishments and Penalties
The legal consequences for domestic violence are dual-layered:
- Specific Acts: Offences involving physical injury (Grievous Hurt), assault, or criminal force are punished under the Pakistan Penal Code (PPC) 1860 (Sections 332–337).
- Statutory Penalties: For acts not specifically covered by the PPC (such as psychological or economic abuse), the 2025/2026 frameworks prescribe imprisonment ranging from 6 months to 3 years and fines up to Rs 100,000, a portion of which is paid directly to the survivor as compensation.
Breach of Orders: Violating a court-issued Protection Order is a serious offence, punishable by up to 1 year of imprisonment and heavy fines.
Sexual Violence
The legal landscape regarding sexual violence in Pakistan has undergone significant transformation with the Anti-Rape (Investigation and Trial) Act, 2021 and the Criminal Law (Amendment) Act, 2021, which introduced specialized infrastructure for survivors.
Defining Sexual Violence
Sexual violence encompasses any sexual act, attempt to obtain a sexual act, or actions directed against a person’s sexuality using coercion or force, regardless of the relationship to the survivor.
Recognized Forms:
- Rape and Gang Rape: Including “Aggravated Rape” involving minors or persons with disabilities.
- Sexual Harassment & Eve-Teasing: Unwelcome advances in public, private, or digital spaces.
- Criminal Force & Stripping: Assaulting a woman or stripping her in public to outrage her modesty.
- Trafficking & Forced Prostitution: Exploitation for commercial sexual purposes.
- Stalking & Sexual Photography: Non-consensual recording or persistent harassment.
The Legal Definition of Rape (PPC Section 375)
Under Pakistani law, rape is committed when sexual intercourse occurs with a woman under the following circumstances:
- Against her will or without her consent.
- When consent is obtained by putting her in fear of death or hurt.
- With or without consent when she is under 16 years of age (Statutory Rape).
- When consent is given under the mistaken belief that the man is her husband.
Applicable Laws (Updated 2021–2026 Framework)
- Anti-Rape (Investigation and Trial) Act, 2021: Established Special Courts and Anti-Rape Crisis Cells for expedited trials (within 4 months).
- Criminal Law (Amendment) Act, 2021: Amended Sections 375 and 376 of the PPC to strengthen penalties and prohibit the controversial “Two-Finger Test” (Virginity Testing).
- Pakistan Penal Code (PPC), 1860:
- Section 376: Punishment for Rape.
- Section 354 & 354-A: Assault or use of criminal force to a woman and stripping her in public.
- Section 509: Sexual harassment in public places or offices.
- Prevention of Trafficking in Persons Act, 2018: Replaced the 2002 Ordinance to better address modern trafficking for sexual exploitation.
- Torture and Custodial Death (Prevention and Punishment) Act, 2022: Specifically addresses and penalizes custodial rape by law enforcement.
How to Avail Remedy & The Trial Process
- Anti-Rape Crisis Cells (ARCC): Under the 2021 Act, survivors should ideally be shifted to an ARCC within 6 hours for a medical exam and FIR filing in a safe environment.
- Filing an FIR: Report to the local police station or a Women’s Police Station.
- Medical Examination: Must be conducted by an authorized medical officer within 24 hours. The “Two-Finger Test” is now strictly illegal.
- Special Courts: Trials for rape and gang rape are conducted in Special Courts to ensure privacy and protection of the survivor’s identity.
- Anti-Terrorism Courts (ATC): Cases involving “Naked Triumph” (public stripping) or rape coupled with terrorism-like motives may still be referred to ATCs.
Updated Punishments
- Rape (Sec 376): Death or imprisonment for life (not less than 10 years, extending to 25 years) and a heavy fine.
- Gang Rape: Death or imprisonment for life.
- Sexual Abuse of a Minor (Sec 377-A/B): Imprisonment for life (minimum 14 years) or death, with fines up to Rs. 1 million.
- Public Stripping (Sec 354-A): Death or imprisonment for life.
- Sexual Harassment (Sec 509): Imprisonment up to 3 years and/or a fine up to Rs. 500,000.
Human Trafficking for Prostitution: Imprisonment up to 10 years (can extend to 14 years) and heavy fines.
Sexual Harassment at Workplace
The legal framework for workplace harassment in Pakistan has been significantly strengthened by the Protection against Harassment of Women at the Workplace (Amendment) Act, 2022. Defining Workplace Harassment
Harassment constitutes any unwelcome sexual advance, request for sexual favors, or other verbal, written, or physical conduct of a sexual nature. It also includes “sexually demeaning attitudes” that create an intimidating, hostile, or offensive work environment or interfere with an individual’s work performance.
Applicable Laws (Updated 2022–2026)
- The Protection against Harassment of Women at the Workplace Act, 2010 (Amended 2022): The primary civil law governing professional conduct and employer responsibility.
- Section 509, Pakistan Penal Code (PPC), 1860: The criminal statute addressing the insulting of modesty or causing sexual harassment in any space, including workplaces.
- Provincial Amendments: Various provinces have adopted the 2022 federal improvements to ensure consistent enforcement across Pakistan.
How to Avail Remedy
Under the law, every organization is mandated to have a visible Code of Conduct and a clear reporting mechanism. Survivors can pursue two primary paths:
- Internal Inquiry Committee: Every organization (public or private) must constitute a three-member standing committee (with at least one woman). A written complaint can be submitted directly to this committee.
- The Ombudsman: If a survivor is unsatisfied with the Internal Committee’s decision, or prefers to bypass it, they can file a complaint directly with the Provincial or Federal Ombudsman (Mohtasib). This applies to both government and private sector employees.
- Criminal Prosecution: A complaint can also be filed with the police under Section 509 of the PPC for criminal proceedings.
Penalties and Punishments
The law distinguishes between administrative “Minor” and “Major” penalties, as well as criminal sentences.
Administrative Penalties (Workplace Act):
- Minor Penalties:
- Censure: Official formal reprimand.
- Withholding: Delaying promotion or increments for a specific period.
- Stoppage: Halting professional advancement at a specific pay scale.
- Fine: Financial compensation paid directly to the survivor.
- Major Penalties:
- Reduction: Demotion to a lower post or pay grade.
- Compulsory Retirement: Forced exit from the organization.
- Removal/Dismissal: Termination of service; dismissal typically carries a permanent bar from future government employment.
Criminal Penalties (Section 509, PPC):
- Imprisonment for a term which may extend to 3 years, a fine of up to Rs. 500,000, or both.
Employer Responsibility
It is a legal requirement for employers to display the Code of Conduct prominently in the workplace. Failure to constitute an Inquiry Committee can lead to the employer being fined up to Rs. 100,000 by the Ombudsman.
Emotional and Psychological Abuse
Emotional abuse involves a pattern of behavior designed to isolate, intimidate, or diminish a person’s self-worth, leading to significant psychological trauma. Under Pakistani law, this is now recognized as a distinct and actionable form of violence.
Key Legal Provisions
- The Punjab Protection of Women against Violence Act (PPWVA), 2016: Explicitly defines “psychological abuse” and “economic abuse” as punishable offenses.
- Provincial Domestic Violence Acts (Sindh, Balochistan, KP): These statutes recognize emotional harm and stalking as grounds for legal intervention.
- The Prevention of Electronic Crimes Act (PECA), 2016: Protects against psychological trauma caused by digital harassment, blackmail, or non-consensual sharing of images.
How to Seek Redress
Survivors can approach a Magistrate or Family Court to obtain specific civil orders without necessarily filing a criminal case:
- Protection Order: Legally prohibits the abuser from communicating with or approaching the survivor.
- Residence Order: Ensures the survivor can stay in the shared household or mandates the abuser to provide alternative safe housing.
- Monetary Order: Requires the abuser to pay for medical expenses, psychological counseling, and financial maintenance.
Reporting Channels
- Violence Against Women Centers (VAWCs): Access “one-window” facilities for police, medical, and legal help.
Helplines: Contact the Punjab Women’s Helpline (1043) or the National Police Helpline (15) for immediate assistance.
Economic Violence and Abuse
Economic violence is any behavior that causes financial harm, including property damage, restricting access to education or the labor market, and failing to meet financial responsibilities like maintenance (alimony).
Key Applicable Laws
- The Punjab Protection of Women against Violence Act (PPWVA), 2016: Specifically criminalizes “economic abuse” and provides for protection and monetary orders.
- Section 498-A, Pakistan Penal Code (PPC): Penalizes depriving a woman of her inheritance or property rights through deceitful or illegal means.
- Muslim Family Laws Ordinance, 1961 (Section 9): Provides a mechanism for wives to claim maintenance through the Union Council/Arbitration Council.
- Family Courts Act, 1964: The primary forum for filing suits related to maintenance, dower, and recovery of personal property.
- Punjab Land Revenue (Amendment) Act, 2015: Ensures women’s names are correctly recorded in land mutations to prevent fraudulent transfers.
- Women in Distress and Detention Fund Act, 1996: Provides financial and legal assistance to women in need.
Legal Remedies & Procedures
- Family Court Suit: File for recovery of maintenance, dower, or personal belongings (dowry articles).
- Magistrate/Civil Court: Obtain a Monetary Order under the PPWVA to recover losses incurred due to economic abuse.
- Revenue Department: File a complaint with the Tehsildar or Ombudsman if inheritance rights are being blocked.
- Criminal FIR: File under Section 498-A if property is being forcibly or fraudulently withheld.
Key Punishments
- Depriving Inheritance (Sec 498-A PPC): Imprisonment for 5 to 10 years and a fine of up to Rs. 1 million.
Breach of Monetary Order: Failure to comply with a court-ordered payment can lead to imprisonment and the attachment of the abuser’s property or income.
Cyberbullying & Digital Violence
Cyberbullying involves using digital platforms to harass, intimidate, or blackmail individuals. This includes the non-consensual sharing of intimate images, stalking, and identity theft.
- Key Laws: Prevention of Electronic Crimes Act (PECA), 2016: The primary legislation addressing online harassment.
- Section 21 (Modesty): Penalizes the display or distribution of photos/videos of a person without consent.
- Section 24 (Cyberstalking): Criminalizes persistent unwanted communication.
- Remedy: File a complaint with the FIA Cybercrime Wing (via their website or helpdesk) or use the Punjab Women’s Helpline (1043).
- Punishment: Imprisonment up to 5 years and/or fines up to Rs. 5 million, depending on the severity of the digital intrusion.
Honor Crimes (Karo-Kari)
Violence committed under the pretext of “honor” remains a severe criminal offense. Under modern laws, the loophole of “pardon” by family members has been significantly restricted.
- Key Laws: Anti-Honor Killing Law (Criminal Laws Amendment Act), 2016: Mandates strict punishment even if the victim’s family pardons the perpetrator.
- Section 302, PPC: Treats honor killing as intentional murder (Qatl-i-Amd).
- Remedy: File a mandatory FIR at the local police station. These cases are non-compoundable, meaning the state pursues the criminal regardless of family pressure.
- Punishment: Life imprisonment is the mandatory minimum sentence for killings committed in the name of honor, with the possibility of the death penalty.
Acid Throwing & Burn Crimes
Acid attacks are premeditated acts of violence intended to disfigure or kill, often targeting women and girls.
- Key Laws: Criminal Law (Second Amendment) Act, 2011: Integrated acid crimes into the Pakistan Penal Code.
- Sections 336-A & 336-B, PPC: Specifically address “Hurt Caused by Corrosive Substance.”
- Remedy: Immediate medical reporting and filing of an FIR. The Acid Survivors Foundation (ASF) and government-run Burn Centers provide specialized support.
- Punishment: Minimum of 14 years to life imprisonment and a mandatory fine of Rs. 1 million.
Acid Throwing & Burn Crimes
Acid attacks are premeditated acts of violence intended to disfigure or kill, often targeting women and girls.
- Key Laws: Criminal Law (Second Amendment) Act, 2011: Integrated acid crimes into the Pakistan Penal Code.
- Sections 336-A & 336-B, PPC: Specifically address “Hurt Caused by Corrosive Substance.”
- Remedy: Immediate medical reporting and filing of an FIR. The Acid Survivors Foundation (ASF) and government-run Burn Centers provide specialized support.
- Punishment: Minimum of 14 years to life imprisonment and a mandatory fine of Rs. 1 million.
Child Marriage
Child marriage is a violation of human rights that compromises the health and education of young girls.
- Key Laws: Child Marriage Restraint Act, 1929: (Applicable in ICT and Balochistan).
- Sindh Child Marriage Restraint Act, 2013: Raised the legal age to 18 for both genders.
- Punjab Child Marriage Restraint (Amendment) Act, 2015: Increased penalties for those performing or facilitating the marriage of minors.
- Remedy: Report to the local Union Council, the police (15), or the Child Protection & Welfare Bureau.
- Punishment: Imprisonment up to 2 years and fines. In Sindh, the marriage is considered void, and all adults involved (including the groom and cleric) are liable for arrest.
Forced Marriage
Forcing a woman into marriage against her will often for the purpose of settling disputes or financial gain is a criminal act.
- Key Laws: Prevention of Anti-Women Practices Act, 2011: Criminalizes forced marriages.
- Section 498-B, PPC: Specifically prohibits forcing a woman into marriage.
- Remedy: Filing an FIR under the PPC. The victim can also seek “Khula” or an annulment through the Family Courts Act, 1964.
- Punishment: Imprisonment for 3 to 10 years and a fine of Rs. 500,000.
Anti-women Cultural Practices
This category covers harmful traditions such as Wanni, Swara (giving women to settle feuds), and Marriage to the Quran.
- Key Laws: Prevention of Anti-Women Practices Act, 2011: Criminalizes these specific customary practices.
- Section 498-C, PPC: Specifically prohibits the “Marriage to the Holy Quran.”
- Remedy: Immediate intervention through the Police or District Administration. These practices are cognizable offenses, allowing police to arrest without a warrant.
- Punishment: * Wanni/Swara: 3 to 10 years imprisonment and a Rs. 500,000 fine.
- Marriage to Quran: 3 to 7 years imprisonment and a fine up to Rs. 500,000.
