Punjab Protection of Women against Violence Bill 2015 is a good omen:Salman Sufi

Lahore: Senior Member Chief Minister’s Special Monitoring Unit Law & Order Salman Sufi has said that approval of Punjab Protection of Women against Violence Bill 2015 is a good omen for the elimination of increasing incidents of violence against women in the society.

He said that Punjab Protection of Women against Violence Bill 2015 has been passed unanimously by the Punjab Assembly in an attempt to balance the system that is unjustly rigged in favor of the perpetrators of VAW crimes. He told that after holding numerous meetings to thoroughly address and incorporate all reservations of members of the civil society, leaders of the opposition, Islamic scholars and members of the committee this bill was passed.

He said that this bill was presented in the assembly on the directions of Chief Minister Punjab, who wanted to ensure that legislation shouldn’t merely be rhetorical but should make a real difference in the lives of women victims. He said it is for the first time that a bill comprehensively provides protection through an in-built implementation mechanism to ensure speedy justice-delivery to women victims of violence. He told that according to an impartial analysis, Pakistan has been declared as the third most dangerous country in the world for women.

He said although the conviction rate for such cases is still very low yet violence against women cases are increasing in Punjab. He said that in Punjab, daily, 6 women are murdered or attempted to murder, 8 raped, 11 battered and assaulted, and 32 women are abducted. He told that the bill was approved by the cabinet in May 2015 and first laid before the Punjab Assembly in June 2015.

He said that many reservations were raised against the bill but in order to address these reservations, Law Minister, Rana Sanaullah formed a committee consisting of Minister Population Welfare, Minister Women Development, Minister Social Welfare, Law Minister himself, Jamat-i-Islami’s Dr. Waseem Akhtar and female MPAs including PTI, PPP and PML-N representatives. He said that for more than nine months of lengthy meetings, eight amendments were made in the bill.

Dr Waseem Akhtar’s only reservation was the language used about forced entry of women protection officer into victims house to retrieve her from abuse, at his request the language was readjusted and an amendment was made. The whole committee then lent their support throughout for the approval of this historic bill. He said that with such strong implementation mechanisms in place, this bill has the power to transform Punjab completely, greatly help reduce the high rates of VAW crimes in the province and provide a level playing field for women.

He said that this bill aimed at providing justice to women victims of violence includes comprehensive protection from crimes including abetment of an offence; domestic abuse; emotional and psychological abuse; economic abuse; stalking; and cyber crime. This bill introduces for the first time an in-built implementation mechanism through the establishment of Violence Against Women Centres (VAWCs) in all districts, court orders (residence, protection and monetary orders), introduction of GPS tracked electronic bracelets-anklets to enforce protection orders.

He said that District Women Protection Committees are being constituted with the power to force enter any place to rescue women victims, and encompassing cyber-crimes, domestic violence, emotional, economic and psychological abuse within the ambit of ‘violence against women’ crimes. He said that this Act has been passed not to negatively impact marriages but to assist in mediation and resolution of disputes given the Islamic view point. District Women Protection Committees have been formed especially to provide a comprehensive mediation platform which doesn’t exist currently.

It has been stated in the clause 12 (d), that the committee shall try mediation and reconciliation between the parties for the resolution of disputes under this Act. Whereas according to the Clause 13, the center shall mediate between an aggrieved person and the defendant for the resolution of disputes. This proves that government’s first choice is mediation between parties as per Islamic rules and only if grave violence has been committed or is likely to be committed then following remedies will be provided.

Salman Sufi said that the Punjab Protection of Women against Violence Bill is not anti-men but anti-violence. He said that the word “man” has never been used in this bill contrary to popular belief. The only word used is “victim” and “aggressor” which can be male or female. In clause 2, (n) the Act describes a “defendant” as a person against whom relief has been sought by the aggrieved person. He told that this bill provides civil remedies to the aggrieved women so that parallel to lethargic court proceedings, which may take up to decades, they can take action against their abusers.

These civil remedies include protection, residence and or monetary orders, which are in addition to, and not contradictory or abrogating existing laws on violence against women crimes. Due to an unprecedented amount of cases when a woman is kicked out of her own house the government aims to provide her the protection she deserves. Hence as per clause 8, the victim has a right to stay in the house if she is kicked out or the defendant has to provide an alternative accommodation to the victim if she wants. Salman Sufi told that the misconception about forcing a husband out is simply not true.

A Woman Protection Officer shall only make the aggressor (male or female) leave the premises. This is a necessary step to prevent violence and not just act when violence has been committed. He said that as a last resort, and only in matters of grave violence determined by court and  not in the case where she is his wife and still living with him, she can claim a protection order from anyone who is threatening her and or has committed violence against her or has threatened to do so ,which ordains the defendant to not communicate with the victim or stay a certain distance away from the victim through a GPS tracked bracelet-anklet, which has been in use by the international community since the 1980s as an effective deterrent against further crime.

The person also has to surrender any firearms as well. This is a much needed mechanism to prevent violence rather than act after she has been killed or harmed. Clarifying monetary order, Salman Sufi told that the victims can also seek monetary relief from the defendant to meet expenses occurred and losses suffered through monetary orders in this bill and the salary she earns cannot be taken from her forcefully. She can claim medical expense/loss of earning due to violence committed against her and maintenance money for herself and her children.

If the aggressor doesn’t pay, their pay shall be debited by the court and given to the victim. Salman Sufi told that provisions exist to punish acts of domestic violence and other VAW crimes in the Pakistan Penal Code, however the issue lies in the implementation of these sections and speedy relief to the victim. He said that women victims of violence currently undergo a snake and ladder game of justice delivery to merely register a first information report.

This bill aims to solve this problem through the establishment of 24-hour women-run Violence Against Women Centres (VAWCs) VAWC where the case-flow process would be streamlined by bringing all disconnected departments under one roof-first aid, police reporting, FIR lodging, prosecution, medical examination, forensics and post-trauma rehabilitation. They will provide first-aid, legal assistance, immediate protection to the aggrieved, collect evidence within due time to facilitate investigation and effective prosecution, audio-visual record of all actions, provide post trauma rehabilitation with the help of a psychologist, initiate cases of state-inflicted violence against women, establish a toll-free helpline to facilitate the aggrieved, mediate between aggrieved and defendant for non-cognizable offenses if requested by the victim, and act as a community centre to guide women in all government-related inquiries. Salman Sufi informed that a District Women Protection Committee will supervise the working of VAWC and shelter home, ensuring that all cases of violence against women registered in any of the district’s police stations are referred to VAWC.

The District Women Protection Officer or Women Protection Officer will have power to force enter any place to rescue the aggrieved with her consent. District Women Protection Officer can also file a habeas corpus case on the basis of any credible information of wrongful confinement of an aggrieved person. He said that under this legislation, the aggrieved or any person authorized by the aggrieved or the District Women Protection Officer can submit a complaint to the court to obtain civil remedies.

He further told that several penalties (imprisonment and/or fine) have been laid out in the Bill, including penalty for obstructing a protection officer (District Women Protection Officer/Women Protection Officer), for filing a false complaint and penalty for breach of court orders or tampering with the GPS tracked system.