Law regulating gender-based violence in Pakistan: a feminist legal analysis

Abstract

Gender-based violence (GBV) is still a core human rights concern of the world since it targets minority female persons. Although there are many internationally recognized laws against GBV include the Universal Declaration of Human Rights (UDHR), the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), and the Istanbul Convention, it is regrettably evident that there is poor national-level commitment. In this thesis, the Pakistan’s GBV legal framework is explored from a feminist approach in consideration of its compliance with the international standards; legal and implementation gaps. This study uses a non-doctrinal feminist critique research methodology to critique and assess Pakistan’s domestic laws; among them are the Prevention of Anti-Women Practices Act (2011), the Acid Control and Acid Crime Prevention Act (2011), the Domestic Violence (Prevention and Protection) Act (2013), and the Anti-Honor Killing Bill (2016) by using international human rights laws and standards. It was identified that, despite, legislature-related improvements in Pakistan, lack of enforcement, social prejudices, primal gender stereotype sentiments, and no institutional pressure affects the execution process. Some or most survivors are denied justice and equality through issues such as corrupt police, slow justice system, victims’ blaming, and limited resources such as legal aid and shelters. The study reveals that legal reforms and protections for women are irregularities, insufficient gender sensitivity in law implementation, and cultural rationales for abuse as the major barriers. To this end, it calls for legal, institutional and social change such as passing a GBV specific law, the setting up of courts that handle such cases, effective polices on handling GBV cases, organizations , programs that support survivors of GBV and nationwide campaigns for changes on the same. In contributing to the existing debates of gender justice and legal reforms, this study reveals loophole of GBV legislation in Pakistan and-art and with reference to the international frameworks. This study therefore serves to show the vii need for policy and cultural shift in order to end GBV. Finally, this study recommends for the use of legal, institutional and societal strategies as a way of eliminating GBV in Pakistan.