PESHAWAR: The Khyber Pakhtunkhwa government’s proposed law against domestic violence, which was approved by the cabinet on Thursday, covers women only and thus, leaving out children and other vulnerable groups of its ambit unlike such laws existing in other provinces.

KP is the only province, which has yet to enforce a law against domestic violence. The other three provinces had legislated in this respect years ago.

Section 2(m) of the Khyber Pakhtunkhwa Domestic Violence against Women (Prevention and Protection) Bill 2018 defines the abuse victim as a woman against whom domestic violence has been committed.

However, such acts prevalent in Balochistan and Sindh also cover children and other vulnerable persons, including elderly, mentally-ill and physically-challenged people.

Aurat Foundation regrets children, other vulnerable groups left out of bill passed by cabinet

While the Sindh and Balochistan lawmakers took pains to define domestic abuse, KP’s proposed law just says the perpetrators will be liable to the Pakistan Panel Code, 1860, punishments meant for such offences.

The law also provides for the establishment of the district protection committee, which will have 10 members and will be headed by the deputy commissioner of the relevant district.

The executive district officer (health), district officer (social welfare), district public prosecutor, a representative of the district police and four representatives of civil society will be its members, while the chairperson of the relevant district committee on the status of women will serve as member-cum-secretary.

The members will be nominated by the government for a period of three years, while the committee will meet at least once a month.

The committee will strive to spread awareness among the community at gross roots level, assist victims of domestic abuse in obtaining medical treatment necessitated due to domestic violence, assisting the victim in relocating to safer place and keep official record regarding incidents of domestic violence.

Under the proposed law, the secretary of the committee will be responsible for reporting incidents of domestic violence to the committee, make application on the recommendations of the committee to the court for issuance of protection order with victim consent, ensure provision of legal aid to the victim, make available safe place of residence for the victim, and forward a copy of victim medical examination report to the committee.

The government would establish a toll-free line for reporting of domestic violence against, establish shelter homes, wider publicity to the legislation, sensitization and awareness campaigns about domestic violence to government employees and arrange psychological counselling of victims to implement the provisions of the act.

Programme manager with the Aurat Foundation Saima Munir questioned the logic of leaving out the children and vulnerable groups from the ambit of the anti-domestic abuse bill.

She told Dawn that children and vulnerable groups like transgender persons and elderly people were also subjected to domestic abuse and therefore, the law should cover them.

Ms Saima said the law department earlier objected to the linking of all punishments with the PPC saying if they had to go for the 1860 law, there was no need for new legislation.

Published in Dawn, November 11th, 2018