Women with disabilities face dual marginalization in Pakistan due to their gender and their disability. Unfortunately, they become more vulnerable to all forms of violence due to this. If not physical, nearly 100% of women with disabilities have suffered some form of emotional or psychological violence through their lives. Due to the inaccessible nature of mass media in pakistan and limitation of exposure of these women, they are almost always oblivious to the existing laws and reporting practices that exist in pakistan against these offenses. Stated below are several forms of violence, the laws made to tackle them, and their reporting mechanisms.

Physical Violence

Physical abuse is any intentional act causing injury or trauma to another person by way of bodily contact.

Law:

332-337-L, (Hurt), Pakistan Penal Code, 1860

Reporting mechanism:

•         Consultation with the authorized medical legal officer (MLO).
•          File an FIR (First Information Report) with the local police station based on the medical report provided by the MLO.
•          File a petition to the court.

Domestic violence

Domestic Violence is a pattern of behavior that involves violence or other abuse by one person against another in a domestic setting.

Law:

Sindh Domestic Violence (prevention and Protection) Act, 2013

Reporting mechanism:

•         Submit a complaint directly to the Magistrate under section 7, without the need for an FIR.
•          An aggrieved person can file a complaint to obtain protection, residence, or monetary order.

Sexual Violence

Any sexual act, attempt to obtain a sexual act, unwanted sexual comments or advances, or acts to traffic or otherwise directed against a person’s sexuality using coercion, by any person regardless of their relationship to the victim, in any setting, including but not limited to home and work.

Law:

●       Criminal Law (Amendment) Bill, 2015, with added sections 377-A & 377-B, Pakistan Penal Code

●       Sections 354, 354-A, and 376 Pakistan Penal Code, 1860

●       Torture, custodial death, and custodial rape (prevention and punishment) Act, 2014

●       Anti-Rape Bill, 2016

●       Prevention and Control of Human Trafficking Ordinance, 2002

Reporting mechanism:

•        The victim can file an FIR with the police station falling under the jurisdiction where the crime occurred.
•        The victim can file a complaint with the magistrate if an FIR cannot be filed or if they prefer to seek legal redressal directly from the court.
•        The victim can obtain a medical report from an authorized medical practitioner, which can be used as evidence in the court proceedings.
•        In cases of gang rape, child molestation, and robbery coupled with rape, these are considered terrorist acts and are tried by the Anti-Terrorist Courts.

Sexual Harassment at Workplace

Harassment” means any unwelcome sexual advance; request for sexual favors or other verbal or written communication; or physical conduct of a sexual nature; or sexually demeaning attitudes.

Law:

●       The protection against harassment of women

●       At the workplace rules, 2013

●       Section 509, Pakistan Penal Code, 1860 (for all kind of Harassment)

Reporting mechanism:

●       Complaint made to Inquiry Committee, in case of a private office.

●       Complaint to Ombudsman.

Emotional or Psychological or Abuse

The behavior characterized by a person subjecting, or exposing, another person that may result in psychological trauma.

Law:

Sindh Domestic Violence (Prevention and Protection) Act, 2013.

Reporting mechanism:

●       An aggrieved person may submit a complaint for obtaining protection, residence, or monetary order in favor of the aggrieved person.

Cyberbullying

It is a form of violence; used against women as a tool; to harass, bully and torture them; emotionally, mentally and psychologically.

Law:

The Prevention of electronic crimes act, 2016

Reporting mechanism:

Complaint to Investigation Agency or authorized officer, authorized by the Federal Government.

Honor Crimes

The homicide of a member of a family or social group; or by other members; due to the belief the victim has brought dishonor upon the family or the community.

Law:

●        Criminal Law Amendment Act, 2004

●        Anti-Honor killing laws (Amendment) Bill, 2014

●        Anti-Honor killing Act, 2016

Reporting mechanism:

●        File an FIR with local police station

●        Filing of a complaint under section 200 of Code of Criminal Procedure, 1898

Acid Throwing

A form of violent assault; The act of throwing acid or a similarly corrosive substance onto the body of another intentionally.

Laws:

●       Section 336 and especially 336(A) and 336(B), Pakistan Penal Code, 1860

●       Criminal law (Amendment) Act, 2011

●       Acid Control and acid crime prevention Act, 2011

Reporting mechanism:

●        Shall immediately be given initial treatment.

●        Photographs of injuries of the victim.

●        Filing of FIR in police station falling under jurisdiction.

●        Filing of complaint with Magistrate.

Forced Marriage

It is a marriage in which one or both of the parties are married; without his or her consent or against his or her will.

Law:

●       The Prevention of Anti-women practices (Criminal law amendment) Act, 2011

●       Sections 310-A, Pakistan Penal Code, 1860

Reporting mechanism:

●       Filing of FIR in police station falling under jurisdiction;

●       Filing of complaint with Magistrate

Anti-women Cultural Practices

The anti-women cultural practices in Pakistan include: Giving females in marriage or otherwise in badl-e-sulah, where a female is given in marriage or otherwise in consideration Practice of Wanni, wherein young girls are forcibly married, as part of the punishment for a crime committed by her male relatives. The practice of Swara, where young girls are forcibly married to members of clans to resolve any feuds and are commonly found in the Pashtun community. Marriage with Holy Qura’an

Law:

●       Prevention of Anti-Women Practices Act, 2011

Reporting mechanism:

●       Register FIR with local police station falling in jurisdiction Complaint with magistrate.

Economic Violence or Abuse

Any act or behavior which causes economic harm to an individual.

Law:

●       Section 498-A, Pakistan Penal Code, 1860

●       Section 2 (ii), Ground for dissolution of marriage

●       The Women in distress and detention fund Act (request to Federal Govt)

Reporting mechanism:

●        Legal Suit can be filed in court

●        File an FIR

●        Complaint with magistrate

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