Ms Uzma, a mother of four, succumbed to severe burn injuries at the Pakistan Institute of Medical Sciences, Islamabad, on Jan 11 following a 22-day long painful struggle for her life. She was allegedly doused with petrol and torched by her in-laws on Dec 18. For a few days, she remained under treatment at Peshawar’s Khyber Teaching Hospital and was later shifted to Islamabad for better treatment by some civil society members.

Two days before the crime took place Ms Uzma had visited Azakhel police station in Nowshera with injuries on her face after she was allegedly tortured by her brother-in-law Shah Zaib and his wife Zainab. However, in the absence of any law on domestic violence in the province the police took the issue lightly and only sent her to hospital for treatment.

Perhaps Ms Uzma, 28, might have been alive if there was an effective law on domestic violence in the province. Her going to police station annoyed her husband, Rahat Sher, as well her father-in-law and mother-in-law.

Her death has brought to fore the inordinate delay in enactment of two important laws; law to prohibit domestic violence, and a comprehensive law on acid and burn crimes control. While the lawmakers would continue to delay the enactment of these legislations on religious and cultural grounds, many more women like Uzma would face the same fate.

The family members of Ms Uzma, including her brothers and uncles, have to pass through hard times in the absence of any responsibility felt by the government in such cases. “Only some NGO workers come to help us and they had also supported treatment of Uzma in Islamabad,” said Zahoor Khan, a brother of the burns victim.

Presently, the federal government and KP government do not consider it their responsibility to extend financial support to such victims. Members of Khyber Pakhtunkhwa Civil Society Network, including Taimur Kamal and Qamar Naseem, highlighted the plight of Ms Uzma. Acid Survivors Foundation also supported her in getting medical treatment.

In the instant case eight persons have been charged. They include Rahat Sher, Shah Zaib, Zainab, her brother Asad and uncles Anwer and Siraj, and Uzma’s father-in-law Reham Sher and mother-in-law Khyal Bibi. Initially, the case was registered on Dec 23 under sections 114 (presence of abettor when offence is committed), 147 (rioting) and 336-B (causing hurt by use of corrosive substance) of the Pakistan Penal Code. Subsequently, after her death the police included Section 302 (intentional murder) in the FIR.

All the suspects were granted interim pre-arrest bail by a local court in Nowshera and now Jan 19 has been fixed for confirmation of their petitions.

Khyber Pakhtunkhwa is the only province in Pakistan where no law has so far been enacted to deal with domestic violence. While the official Provincial Commission on the Status of Women (PCSW) had finalized draft of a law – Domestic Violence (Prevention and Protection) Bill 2014 – the provincial government had referred the draft of the proposed law to the Council of Islamic Ideology (CII) seeking its advice under Article 229 of the Constitution. Last year, the CII ruled that some of the clauses of the proposed law were against the injunctions of Islam.

Similarly, in 2011 the government enacted Criminal Law (Second Amendment) Act, 2011, making certain changes to PPC and Code of Criminal Procedure (CrPC) for punishing those causing hurt to anyone by using any corrosive substance, including acid. The concerned bill was passed by the National Assembly and Senate after which the President assented to it in Dec 2011.

The said Act provides for maximum sentence of life imprisonment and minimum of up to 14 years with fine of Rs1 million for the offence of hurting a person with corrosive substances.

Through these amendments, the words “disfigure” and “deface” were added in Section 332 of PPC, dealing with different kinds of hurt, and also adds an explanation to the said section, which states “disfigure means disfigurement of face or disfigurement or dismemberment of any organ or any part of the organ of human body which impairs or injures or corrodes or deforms the symmetry or appearance of a person.”

Furthermore, through that amendment Section 336B was added in PPC which says: “Whoever causes hurt by corrosive substance shall be punished with imprisonment for life or imprisonment of either description which shall not be less than 14 years and a minimum fine of one million rupees.”

Experts on the subject believe that a comprehensive law dealing exclusively with acid and burn crimes should be enacted. The offence under Section 336B (hurt caused by corrosive substance) was declared non-compoundable, which means that a burns victim is not empowered to pardon a perpetrator of this act. However, if a victim dies due to acid or burn injuries, the FIR is converted to Section 302 PPC (intentional murder), which is a compoundable offence and legal heirs of a deceased person are empowered to enter into compromise with an offender.

In April 2014, around 14 MNAs led by Ms Marvi Memon had jointly tabled a bill, Acid and Burn Crime Bill, which could not be passed. The bill envisages a separate law for dealing with acid and burn crimes. The proposed law includes a provision related to monetary relief to the victims to meet the expenses incurred and losses suffered by a male or female victim.

However, the provincial government continue to drag its feet on enactment of the proposed law.

Legal experts believe that the KP government should enact the laws on domestic violence and acid and burn crimes at the earliest.

They believe that victims of such crimes or their heirs need constant support of the government, including medical treatment as well as pursing the case in the relevant court.

Published in Dawn January 16th, 2017