January 02, 2009	Friday	Muharram 04, 1430

KARACHI, Jan 1: The Sindh Law Department (SLD) has returned a private bill relating to domestic violence to the assembly secretariat, urging it to follow proper procedures.

According to sources, the proposed bill on “The domestic violence against women and children (Prevention and Protection)” was submitted by MPA Humaira Alwani (of the PPP) with the assembly. The assembly then sent the draft to the SLD, which pointed out that this was incorrect procedure and sent the draft back.

The sources said, however, that the real reason behind the returning of the bills seemed to be the absence of political will and the prevalence of a mindset which wanted to drag the matter out and to eventually bury it.

The sources cited the example of an earlier bill related to women’s issues, “The Sindh Prevention of Gender Harassment at Work Place Bill, 2008”, which was moved by PPP MPAs Farheen Mughal and Humaira Alwani. That bill, too, was returned by the law department to the assembly secretariat due to procedural issues.

The sources said that the SLD’s deputy secretary (Regulation) Manzoor Khamisani in his letter on the subject “Domestic Violence Against Women and Children (Prevention and Protection) Bill 2008” tutoring Hadi Bux Buriro, one of the longest-serving assembly secretaries, says, “I am directed to refer to your letters No PAS/Legis-PB-02/2008/5060, dated Oct 21, 2008 on the subject noted above and state that at the outset the subject bill is private bill and the question of its vetting at this stage does not arise.

“The private bill cited as subject is to be taken in accordance with the provisions of rule 47 of the Sindh Government Rules of Business, 1986 which is reproduced as under:

“47. On the receipt of a notice to the introduction of non-official bill from assembly secretariat, a department shall (a) assess the administrative implications of the proposed legislation; (b) consult other department, including finance department, if necessary, and (c) obtain advice of Law department.”

The SLD’s advice is required on “(i) whether the bill can be introduced in the assembly and is otherwise in order, and (ii) whether previous consent to the cabinet to its introduction is necessary.”

Further, “(iii) after the advice of the law department has been obtained and where necessary, consultation with departments concerned has been made the department concerned shall obtain (a) instructions of the cabinet regarding provision of the bills. (b) decision of the cabinet as to which of the following motions in the assembly is to be supported, (i) that it be taken in to consideration by the assembly either at once or at some future date to be specified; (ii) that it be referred to a standing committee or a select committee; (iii) that it be circulated for the purpose of eliciting opinion thereon; and (iv) that it be opposed.

“(c) Consent under article 115 of the constitution, if necessary to the introduction of the bill in the assembly. (iv) If it is to be decided by the cabinet to support the bill it shall be sent to the law department for vetting and giving legal shape before its introduction in the assembly. (v) The department concerned shall prepare for the use of the ministers a brief, which shall include the direction of cabinet with regard to the bill.

“You are therefore requested to send the bill in question to the home department which is administratively concerned in the matter to assess the administrative as well financial implications of the proposed bill and thereafter refer the same to this department for necessary advice. In case financial implications involve in the bill and the administrative department is inclined to support the bill, the consent of the government as required by article 115 of the constitution may also be obtained by the home department,” says Mr Khamisani, concluding his letter to Mr Buriro.

The sources said that either there was a lack of basic understanding of the issues, or a lack of coordination, as the PPP-led government has already approved bills on these issues at the federal cabinet level. Those bills are to be tabled in the national assembly, and will be debated so that laws can be prepared on the subject of domestic violence and harassment in the work place. The provincial government of Sindh, however, has shown little sensitivity towards the gravity of these issues, the sources said, adding that the assembly simply appears to be delaying the matter.