How to File a Domestic Violence Case in Pakistan?
The Bill for Domestic Violence Prevention and Protection Act was introduced in 2020. It aims to empower the victims of domestic abuse to file a complaint against their abuse and establish an effective system of protection, relief, and rehabilitation. The Pakistan Penal Code covers all acts of domestic violence, be it physical, emotional, sexual, economic, or more.
There are four helplines made for the victims. They can connect to someone and know they’re not alone. The victims should never feel afraid or alone after going through anything.
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Take a stand against domestic violence. Contact a lawyer today to understand the process of filing a domestic violence case in Pakistan and protect yourself and your loved ones.
1. Build Evidence
The first thing one should do if they are constantly facing domestic violence or sexual assault is gather evidence and keep sharing it with trustworthy people. Do not keep them safe on your phone, but share them so other people can also keep them. Ideally, it should include photographs of wounds, bruises, and other injuries.
Once you are satisfied with the evidence being kept safe, the next step is to delete everything from your phone. This is because perpetrators or people who are aiding the perpetrators often check phones and if they find out, they are going to create issues for you. Hence, it can be a risk to your safety.
2. Complain to a Police Station
Once you have the evidence, it is time to get your computerized slip from the police station. Here, it is important to understand that it can be difficult to visit the police station for a complaint and then come back to the house, especially in Pakistan. However, if you can, please visit your nearest police station and lodge a complaint.
The best way to approach this is to write a complaint on a piece of paper and submit it to your local police station. Specifically mention the type of violence you are experiencing, whether it is gender-based violence, verbal abuse, or sexual harassment. Now that you have submitted the complaint, you will receive a computerized slip from the help desk.
3. Get Medical Report
If you have been injured, you have every constitutional right to a medical examination by a medical officer. If you have not received a medical examination request from the police under sub-rule 5 of Rule 25.19, you still have every right to ask them for the examination, as it can establish your merits and solidify your case for the better.
4. Prepare for Medical Examination
After you have submitted the request, a form is prepared for you under Rule 25.39 of the Police Rules, 1934. From here, a police officer will accompany you for the medical assessment. However, before you directly jump into the medical examination, here are a few things you must consider.
Once the examination is over, you will shortly receive a medico-legal report. Please note that it is a critical document for filing the FIR against the abuser.
5. File an FIR Against the Abuser
Next, the medical officer is required to fill out Form 25.39 of the Police Rules and send it to the police station along with the medico-legal report. It helps the police officers to decide on what sections to emphasize in the actual FIR.
It is time for your case to be recorded as per relevant sections of the Pakistan Penal Code, 1860. Here are a few sections that apply to domestic violence cases.
Section 332 – For Hurt
Whoever causes pain, harm, disease, injury, or infirmity to any person or impairs, disables, or dismembers any organ of the body or part thereof of any person without causing his death is said to cause hurt.
Section 337 – For Shajjah
Whoever causes, on the head or face of any person, any hurt which does not amount to itlaf-i-udw or itlaf-e-salahiyat-udw is said to cause shajjah.
Section 376 – Punishment for Rape
Whoever commits rape shall be punished with death or imprisonment of either description for a term which shall not be less than ten years or more than 25 years and shall also be liable to a fine.
Section 354 – Assault or criminal force to woman with intent to outrage her modesty
Whoever assaults or uses criminal force on 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 a fine or both.
Section 354A – Assault or use of criminal force on woman & stripping her of her clothes
Whoever assaults or uses criminal force on 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 a fine.
6. Prepare for Legal Proceedings
Finally, the last step is legal proceedings, which may differ depending on which province you are located in. For instance, in Sindh and Balochistan province, domestic violence is criminalized, but this is not the case in Punjab. In Punjab, it comes under the civil crime from the Punjab Protection of Women against the Violence Act.
Final thoughts
In essence, filing a domestic violence case in Pakistan can be intimidating, but the state has empowered victims to stand up for themselves. All remedies against domestic violence in any form (verbal, sexual, physical, etc) are mentioned in the Pakistan Penal Code as punishable offenses. So, if you are currently experiencing this, stay strong and file a complaint against the abuser.