Gender Based Violence in Pakistan: Examining Social, Legal, and Policy Perspectives

By Hira Riaz and Aleem Ullah

One of the topics that is now being debated the most is gender-based violence (GBV). It’s critical to comprehend the definition of GBV in order to comprehend its causes, effects, and remedies. Violence against women is a catch-all word for a variety of violent crimes against women. There are numerous approaches of defining it. Harmful acts conducted against people because of their assumed gender roles, or their gender identities are referred to as gender-based violence. It includes any form of violence against people based on their gender, whether it be physical, sexual, psychological, or economic, with a particular focus on women and girls. GBV can take many different forms, such as honor killings, forced marriage, intimate relationship abuse, sexual harassment, domestic abuse, and female genital mutilation. Human rights are violated, gender inequity is maintained and attempts to achieve gender justice and equality are hampered by these actions.

Gender-Based Violence (GBV) has deep roots in Pakistani society, influenced by cultural, social, and religious factors. Understanding the historical prevalence of GBV in Pakistan requires examining its various forms and the societal attitudes that have perpetuated these practices over time. Pakistani society has traditionally been patriarchal, with deeply entrenched gender roles that dictate the behavior and status of men and women. This patriarchy has historically justified and normalized violence against women, viewing them as subservient and inferior to men. Domestic violence refers to abuse that occurs in close relationships or households on a physical, emotional, and psychological level. Any non-consensual sexual action or contact, including rape, sexual assault, and harassment, is considered sexual violence. Domestic violence has been a pervasive issue in Pakistan for decades. Traditionally, it has been viewed as a private matter, often overlooked by law enforcement and society. Women experiencing domestic violence have historically faced immense societal pressure to remain silent and endure the abuse for the sake of family honor and stability. In the case of Farzana Parveen (2014), her relatives stoned her to death in front of a Lahore courtroom because she had chosen to wed the guy of her dreams. This tragedy serves as a stark reminder of the intense social pressure and the brutal upholding of family honor and traditional gender norms. Human trafficking is the recruiting, housing, transportation, provision, or acquisition of an individual for the purpose of labor or services by means of coercion, fraud, or force. A formal or informal partnership formed before the age of eighteen is referred to as “child marriage,” which is against human rights. We must acknowledge the breadth of the subject while also keeping in mind the universal and economic backdrop of GBV. GBV encompasses sexual assault, forced pregnancy, forced abortions, forced marriages, harassment over dowry-related matters, and physical or verbal abuse. Forcible marriage, workplace harassment, female genital mutilation, trafficking, and sexual abuse of female children within the home. The impact that victims experience on their health and capacity to survive and maintain their self-respect can be both immediate and long-term (Green, 2018). The fact that GBV exists in homes, workplaces, and public and private spaces helps to illustrate the issue’s universality; Women in several spheres of life encounter this problem. According to a study by Thomas (2015), there is violence against women in practically all educational institutions worldwide. The rising usage of social media and technology is another factor contributing to the rise in GBV. In recent times, there has been a sharp rise in cyberbullying and online verbal sexual harassment of thousands of women.

 GBV affects productivity, human capital, and the economic development of societies in addition to being a violation of human rights (UN Women, 2019). A growing number of nations have made an effort to create national action plans and laws to address the problem of GBV, yet there are still gaps in some countries. The Islamic Republic of Pakistan is one such nation. More than 8,500 violent incidents were reported statewide in 2011; rape and acid attacks accounted for a sizable portion of these instances (Hadi, 2014). Following the unanimous passage of the “Acid Control and Acid Crime Prevention Bill” by the Pakistan Senate in late 2011, attacks involving acid have drawn the attention of the media and citizens of Pakistan. These governmental authorities’ initiatives suggest that women’s standing in Pakistan may change. Nevertheless, there is still gender-based violence in Pakistan, putting the lives of several Pakistani women in jeopardy. There are also social and economic repercussions. It rears its ugly head in a variety of configurations.

Pakistan is a patriarchal society with different mechanism of gender roles. A patriarchal society is one in which men hold primary power and predominate in roles of political leadership, moral authority, social privilege, and control of property. Gender roles in such societies are often rigidly defined, with expectations that men and women adhere to traditional behaviors and responsibilities based on their gender. Pakistan’s patriarchal society is deeply rooted in historical, cultural, and religious contexts. Traditional values, tribal customs, and interpretations of religious texts have historically placed men in dominant positions, with women expected to fulfill supportive and subservient roles. In many rural areas, a woman’s choice of education, career, and marriage is often decided by male family members. A woman’s desire to pursue higher education or a career can be overridden by the family’s decision to marry her off at a young age. Many women face severe pressure to accept arranged marriages, sometimes to partners they have never met. After marriage, they are expected to obey their husbands and in-laws, often with little say in household or financial matters.

According to the Pakistan Social and Living Standards Measurement (PSLM) survey for 2020-2021, the overall literacy rate in Pakistan is approximately 60%. The literacy rate for males is significantly higher at around 70%, compared to about 50% for females. Urban areas have higher literacy rates than rural areas. In urban areas, the literacy rate for males is around 80%, while for females, it is about 65%. In rural areas, the male literacy rate is about 63%, while for females, it is around 39%. The Constitution of Pakistan guarantees equality and prohibits discrimination based on sex. Additionally, Pakistan has ratified several international conventions that condemn GBV, including the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). At the national level, the Pakistan Penal Code (PPC) covers a range of offenses related to GBV, such as physical harm, assault, murder, honor killings, forced abortions, and human trafficking. Recent pro-women laws have also amended the PPC to address gaps, such as the criminalization of acid attacks and “honor” killings. Other key legislation includes the Child Marriage Restraint Act, 1929, which prohibits child marriages, the Domestic Violence (Prevention and Protection) Act, 2012, which provides legal recourse for victims of domestic violence, the Prevention of Anti-Women Practices (Criminal Law Amendment) Act, 2011, which criminalizes practices like forced marriage, exchange of women to settle disputes, and depriving women of their inheritance. Despite this legal framework, implementation and enforcement remain major challenges. The conviction rate for violence against women is extremely low, sitting at only 1-2.5%. This is due to factors such as lack of awareness about laws and legal rights among women, societal norms that discourage reporting of GBV incidents, inadequate training and resources for law enforcement and the justice system and weak referral mechanisms and support services for survivors

Additionally, certain cultural practices like “honor” killings and Wata Satta (exchange marriages) continue to persist, often with impunity, due to deeply entrenched patriarchal attitudes. It is important to strengthen implementation and enforcement of existing laws through capacity building of law enforcement, the judiciary, and service providers, increase awareness and education campaigns to challenge social norms that perpetuate GBV, invest in comprehensive support services for survivors, including medical, psychological, legal, and economic assistance, promote women’s empowerment and leadership in all spheres of society as well foster coordination between government, civil society, and international organizations to develop holistic, survivor-centered strategies.

The policy perspective on gender-based violence (GBV) in Pakistan is crucial in addressing this pervasive human rights issue. Despite the government’s efforts to address GBV, significant gaps remain in the implementation and enforcement of relevant laws and policies. One of the key policy challenges is the lack of a comprehensive federal law prohibiting domestic violence. While some provinces have enacted laws to address domestic violence, the enforcement and implementation of these laws remain weak.  The police and judiciary often view domestic violence as a private matter and are reluctant to intervene, leaving many women without access to justice and protection.  This highlights the need for the government to prioritize the enactment of a robust federal law that mandates the provision of support services and protection for survivors of GBV. Another policy issue is the limited resources and capacity of the healthcare system to respond to GBV. Healthcare providers often lack the necessary training and resources to identify, treat, and refer survivors of GBV to appropriate services.  The government should invest in strengthening the capacity of the healthcare sector to provide comprehensive, survivor-centered care, including the establishment of dedicated GBV units within healthcare facilities. The underrepresentation of women in decision-making positions, particularly in the political, educational, and legislative spheres, is another policy concern.  This gender imbalance in leadership roles normalizes the marginalization of women and perpetuates the patriarchal norms that enable GBV. The government should implement affirmative action policies to increase the representation of women in these spheres and ensure their voices are heard in the policymaking process. Furthermore, the lack of reliable data and research on the prevalence and patterns of GBV in Pakistan hinders the development of evidence-based policies and interventions.  The government should prioritize the collection and analysis of comprehensive, disaggregated data on GBV to inform the design and implementation of effective policies and programs.

The primary goal when responding to gender-based violence is to prioritize the needs and safety of the victims/survivors. This requires a victim-centered approach that ensures accessibility, confidentiality, and the overall well-being of the survivor. Practical measures to uphold these principles include providing round-the-clock free telephone hotlines for information, support, and counseling, as well as immediate access points for survivors to easily obtain medical and legal services. Safe accommodation, such as shelters and safety houses, is essential to protect survivors, with continual risk assessments and relocation support for long-term needs. Survivors should also have access to gender-sensitive primary healthcare and specialized GBV services, including advocacy, free legal assistance, and court support. Providing accessible information about rights and entitlements, including interpretation and translation services, is crucial to empower survivors. Emergency barring orders in domestic violence cases and access to short and long-term counseling, including support groups, can further aid the recovery process. Facilitating the economic independence of survivors from their abusers, through training, employment assistance, and long-term housing support, is key to enabling their capacity to make decisions about their lives. Prosecution of perpetrators should be integrated into policy measures, but work with perpetrators to address the root causes of violence can also help reduce the risk of recidivism. In cases where survivors choose to resume relationships, services that work with perpetrators to modify violent behavior, such as counseling and education on gender-based violence, can be beneficial. Ultimately, a comprehensive, multi-sectoral approach that prioritizes the rights, safety, and empowerment of GBV survivors is essential for effective prevention and response. Healthcare providers play a crucial role in this process by identifying survivors, providing appropriate care, and connecting them to the necessary support services. 

Addressing gender-based violence in Pakistan requires a comprehensive, multi-pronged approach that tackles the issue from social, legal, and policy standpoints. From a social perspective, deeply entrenched patriarchal norms and discriminatory cultural practices must be challenged through sustained educational campaigns and community-level interventions. These efforts should aim to promote gender equality, challenge harmful stereotypes, and empower women to break the cycle of violence. Engaging men and boys as allies in this fight is crucial, as they can play a pivotal role in transforming social attitudes and promoting healthy, respectful relationships. On the legal front, the government must strengthen the legislative framework to ensure swift and impartial justice for victims of gender-based violence. This includes enhancing existing laws, ensuring their strict enforcement, and providing accessible legal aid services to survivors. Reforming the criminal justice system, improving police response and sensitivity, and creating secure and expedited channels for women to seek protection are essential steps. Fostering a culture of accountability within these institutions is paramount to restoring the trust of women and creating an environment where they feel safe to report incidents of violence. From a policy standpoint, a comprehensive national strategy to combat gender-based violence is needed, with clear objectives, adequate funding, and effective coordination among various government agencies, NGOs, and civil society organizations. This strategy should prioritize the provision of comprehensive support services for survivors, including medical, psychological, and economic assistance. It should also focus on strengthening data collection and research to better understand the scope and nature of the problem, as well as the effectiveness of interventions. By addressing gender-based violence through a holistic, multi-sectoral approach, Pakistan can work towards creating a more equitable and just society where women can live free from fear and violence.

References:

·  UNFPA Pakistan. (n.d.). Gender-based violence.

·  UN Women. (n.d.). Legislation on Violence against Women and Girls.

·  Punjab Commission on the Status of Women. (n.d.). Laws for Women’s Rights.

·  World Health Organization. (2012). Gender-based violence in Pakistan.

·  Zul Qarnain, et al. (2022). Gender-based violence in Pakistan and public health measures. NCBI.

·  Zakar, R., Zakar, M. Z., & Krämer, A. (2013). Spousal violence against women in the context of marital inequality in Pakistan. International journal of environmental research and public health, 10(3), 1220-1240.

·  Nasrullah, M., Zakar, R., & Zakar, M. Z. (2014). Child marriage in Pakistan: factors associated with child marriage among Pakistani girls. Maternal and child health journal, 18(3), 689-696.

The views expressed in this article are solely those of the authors and do not necessarily reflect the views of The Global Politico.