"Home is Not Safe"

The News, March 27, 2005

Endpiece
Home is not safe
Rashida Patel

It is an issue that adversely affects a large percentage of more than half of the world's population, and causes great concern nationally and internationally. The issue is violence against women, which includes physical or mental pain inflicted on women. Domestic violence is a major form of violence against women (VAW). When a female's loved one hurts her, mentally or physically, she is not only bruised in body but also emotionally shattered and maimed.

From birth, through childhood, girls are conditions to respect obey and care for their parents and other family members, and eventually, their husbands and their families. The daughter looks up to her father, who is her be-all. When he beats her, she is shattered. After marriage her life and well-being revolves around her husband. When he is violent her entire world breaks down.

This is a global problem, but takes on graver dimensions in countries like Pakistan, where the issue may be exacerbated by the traditionally subservient, dependent position of women. However, this does not explain the extensive violence meted out to self-supporting and even family supporting women around the world. Rich, or independent women also face violence. I know even eminent women doctors who have been tortured by violent husbands.

It seems that such husbands consider it their birthright to beat their wives. We received one case at the Pakistan Women Lawyers Association (PAWLA) Legal Aid Centre, where a husband had so brutally beaten up his wife that she fainted. She was carrying his ninth child, and had low haemoglobin or blood count. He refused family planning methods but held her solely responsible for pregnancy and beat her up mercilessly every time she became pregnant. Such is the fate of women.

Psychologists trying to discern the reasons for violence against women advance theories that vary from the concept of women as an economic burden to the inherent aggressive nature of the male species; ignorant misinterpreted religious edicts and uncivilized attitudes towards women. The male's feeling of superiority has a lot to do with his psyche regarding familial relationships. The changing role of women from subservient wives and daughters to increasing independence may contribute to their insecurities.

Women who suffer violence often do not see it as a punishable crime. They expect violence and accept it, provided the abuser otherwise takes care of them.

Wives are not prepared to make a criminal complaint against the husband, particularly since the police generally consider such violence as a 'private' family matter and seldom help the abused wife. The hassles and problems at police stations, and the court atmosphere where there are long delays and criminals are brought in chains also deters women from filing criminal complaints against abusive husbands.

On October 1, 2002, President General Pervez Musharraf issued an Ordinance for Amendments to the Family Law Courts Act 1964 -- a bold and welcome step that made it possible to give relief to women victims of domestic violence through law courts.

PAWLA has long advocated that the Family Courts be empowered to deal with domestic violence. In our experience, women suffering from domestic violence consider it a great hardship to file a complaint against their husbands in the Magistrate Courts. They are unwilling to file criminal complaints except in cases of serious injuries.

The amendments to the Family Law Courts Act 1964 gave Family Court Judges powers of Judicial Magistrates, first class, to punish offences between spouses. This can go a long way in facilitating wives to file criminal complains against violent husbands. This jurisdiction given to family courts must be publicized and utilized effectively to bear results. Abused wives, lawyers and courts must change their attitude of ignoring domestic violence, and use the Family Courts to deter husbands from hurting or confining their wives.

The sections of the Pakistan Penal Code brought within the jurisdiction of the Family Courts include crimes of hurt and wrongful restraint, assault, and criminal force. The Family Court can also try complaints for abuse through words or any acts intended to insult the modesty of the women by their husbands. All the offences that can now be tried by Family Courts are already in the Pakistan Penal Code, the innovation is that the Family Court can entertain, hear and convict, and award punishments for these offences between spouses, which formerly only the magistrates could do. The wife can now file a complaint against her husband before the Family Court for domestic violence and injuries.

The jurisdiction and powers conferred on the Family Courts do not include major offence and injuries. This amendment is relatively new and has not seeped into the public consciousness or even utilised by the legal fraternity. It takes time to bring about change. Wives are still unwilling to file criminal complaints against their husbands even in Family Courts.

The biggest weakness of these women is their children. They suffer untold domestic violence so as not to be separated from them. Often they have no place to go even when the violence has become absolutely unbearable, and they want to get away from the violent husband. Battered wives tprefer to file a suit for dissolution of marriage particularly Khula; and the husband goes free from penal punishment.

The writer is Advocate Supreme Court of Pakistan and High Court of Sindh