What Happened: Shireen Mazari, the Minister for Human Rights, introduced “The Domestic Violence (Preventation and Protection) Bill, 2021,” in the Senate sitting held on 27th May 2021. The Upper House unanimously passed the landmark Bill on 21st June 2021. However, it met with a great deal of criticism, especially from the clergy front which led to it trending on Twitter under #We_reject_domestic_violence_bill_2021 .
Details: The Domestic Violence (Preventation and Protection) Bill, 2021 aims to protect the rights of women, children and other vulnerable person who victims of domestic violence. According to the Statement of Objects and Reasons of The Domestic Violence (Prevention and Protection) Bill 2021:
“The Constitution of Pakistan, through the fundamental rights enshrined in it, mandates the state of Pakistan to protect its citizens from unlawful deprivation of life and liberty and holds inviolable the dignity of every person. It also declares all citizens to be equal before the law and prohibits any discrimination based on sex. These rights to life, dignity and nor-discrimination are violated through acts of domestic violence, which are systematic and widespread and occur regardless of age or socio-economic status. Besides, under UN HR Conventions ratified by the Government of Pakistan, particularly, the Convention on the Elimination of all forms of Discrimination Against Women (CEDAW), states are obliged to take legislative measures for protection of women in domestic life. Through this Act, a legal and institutional framework has been proposed for the territorial jurisdiction of Islamabad Capital Territory to ensure that victims of domestic violence are provided legal protection and relief and the perpetrators of this offence are punished. Such legislation has been made at all provincial level except Khyber Pakhtunkhwa.”
The Bill clearly emphasizes on several, rather customary, acts of abuse that threaten the psychological or physical well-being of victims. These include, but are not limited to, threats to divorce, character assassination, and any form of harassment at the hands of the abuser.
Through this act, a clear legal and institutional framework has been implemented for the territorial jurisdiction of Islamabad Capital Territory. This bill not only ensures punishment to the perpetrators of domestic violence, but also promises relief and legal protection to the domestic violence victims. This legislation has been made at the provincial level except Khyber Pakhtunkhwa. Domestic violence gravely prevails in our society due the embedded sociopolitical culture. It occurs regardless of socioeconomic conditions, age, caste, or religion. ( although religion is often used to enable it) A study by the United Nations found that 50% of married women have experienced sexual violence and 90% have been psychologically abused. In an observational study published in the Pakistan Journal of Medical Sciences based on a convenience sample of 218 women in the gynecology wards of three hospitals, 97% of the interviewed women said they had been victims of some form of assault, ranging from verbal abuse or threatened, to being subjected to beatings or non-consensual sex. Unfortunately, Domestic Violence is deeply systematic and infringes the basic rights to life, dignity and non-discrimination. Although, cultural embedment and proper implementation of the Bill will happen gradually, yet it is a massive step towards reinforcement of equality for all before the law, interdicting any discrimination based on sex. Not surprisingly, the Bill met with a considerable amount of criticism, especially from the Religious front.
During the Upper House session, a JUI-F senator proclaimed The Domestic Violence (Prevention and Protection) Bill 2021 to be in violation of Islamic junctions, Quran and Sunnat. According to reports, he settled to personal attacks on human rights minister. Later, upon receiving massive backlash from both treasury and opposition senators, Atta announced to withdraw his words. Religious scholars and preachers also showcased their outburst against the Bill and completely condemned it. Moreover, a lot of people denounced the Bill under the assertion that it will “destroy the family system” in Pakistan. Before we knew it, there was a twitter trend floating under #We_reject_domestic_violence_bill_2021 and it were men that had the most to say.
It is a quite alarming how most clerics are the first to preach against vulgarity spread by women in our society, blaming them for all the faults in the world. While others, like Mufti Azizur, are themselves the main perpetrators of extreme abuse. The backlash against the Bill only showcases the blatant misogyny and hatred that perpetuates within our society. And sadly, clerics enable it under the name of religion.
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