According to the HRCP 2020 report, more than 90% of women in Pakistan are subjected to domestic violence. This abuse takes many forms: physical, psychological, economic, sexual, emotional, and verbal. Despite being one of the most pervasive forms of violence against women, domestic abuse remains one of the least understood. The legal system struggles to address it, akin to untangling a ball of yarn where pulling one thread unravels countless others. This article examines these challenges and asks whether the law alone can ever be sufficient to combat domestic violence.
Police Indifference and Criminalization Dilemmas
The first obstacle victims face is police indifference. Many women reporting abuse are told it is a “private matter,” “ghar ka mamla,” or “chadar aur char deewari.” FIRs are rarely registered, and even when they are, action is seldom taken. This raises a critical question: should domestic violence be treated as a crime or only a civil wrong? Except for Punjab, all provinces have criminalized it. Criminalization sends a strong message that the state will not tolerate abuse and transforms it from a private matter into a public wrong. However, criminalization also imposes a higher burden of proof. Women financially dependent on their husbands may not want their partners imprisoned, as that could leave them without support. Moreover, imprisonment may not be an effective deterrent; sending abusive men to violent prisons could exacerbate their behavior rather than reform it. The United States has recognized this limitation and started rehabilitation programs, including psychological counseling and focus groups to help abusers understand the impact of their actions.
Civil Remedies and Enforcement Challenges
Treating domestic violence as a civil wrong presents its own dilemmas. The Punjab Protection of Women Against Violence Act, 2016, offers remedies such as protection, residence, and monetary orders. These appear promising on paper, but enforcement is deeply problematic. The Punjab Women Protection Authority (PWPA) is tasked with implementing these orders with police assistance, yet the police remain unconcerned. Even when women approach courts, the process becomes punitive. In Lahore, most decided domestic violence cases are those where the respondent simply failed to appear, leaving judges with little option but to grant default protection orders. The lack of gender sensitivity among judges further compounds the problem. Despite the Punjab Act recognizing psychological and economic abuse, the dominant understanding of domestic violence remains limited to physical harm.
Evidentiary Hurdles
The greatest challenge emerges at the stage of evidence. While some women may have photographs of injuries, medical records, or medico-legal certificates, many do not. Domestic violence occurs within the home, making it difficult to produce witnesses or documentary proof. In the absence of concrete evidence, proving abuse becomes an insurmountable challenge for women.
Need for Legal Reform and Societal Shift
These issues underscore the need for legal reform. Pakistan requires a legal system that supports survivors through responsive policing, accessible protection centers, and gender-sensitive courts staffed by judges trained to understand the realities of abuse. Yet domestic violence is rooted in intimate relationships and complex family dynamics that the law alone cannot fully address. An effective legal system can offer a remedy, but it cannot be the sole solution. Above all, a societal shift is needed. Domestic violence must be treated as a national crisis rather than a private issue. Sustained public awareness campaigns, educational initiatives, and meaningful conversations are essential. Teachers should speak to students about the devastating effects of abuse. Parents and elders should ensure that lessons passed down reject violence, dominance, and control. Influencers should use their digital platforms to educate people. The absence of political will makes this task even more urgent. What domestic violence demands is not only legal reform but also the urgency, empathy, and collective will to speak about it, rather than allowing it to disappear into silence.
Inshaal Sarfraz, a law student at the Lahore University of Management Sciences (LUMS), wrote this article.
