KARACHI: The Sindh High Court on Monday expressed its extreme displeasure with the chief secretary over non-implementation of its directives regarding enforcement of pro-women laws and expected that the same would be done within a period of three months.

Justice Salahuddin Panhwar observed that it seemed that the court’s directives had not been complied with by the chief secretary and added that such attitude was not worth appreciating, particularly when such directions were for doing what the Domestic Violence (Prevention and Protection) Act, 2013 itself demanded.

However, the judge said that without making any further comments on such attitude, which otherwise is a violation of lawful court order as well as the duty towards a law, the Sindh chief secretary was directed to ensure compliance of the directives within a period of three months.

The court further directed him to submit a compliance report “without fail” and cautioned that “any failure or negligence shall bring legal ramifications”.

The court asks IGP to consider SCSW’s recommendations relating to police

The bench issued these directives after going through a report submitted by the chairperson of the Sindh Commission on the Status of Women (SCSW) outlining the hurdles in the implementation of the law, dearth of financial and human resources, poor conditions of the province’s 12 women police stations, lack of awareness among police and the subordinate judiciary regarding existence of pro­women laws and recommendations to effectively enforce the same.

After going through the report, the judge said it did speak about the vitality of the commission on the issue but equally acknowledged failure because of lack of coordination, funding, non-availability of required resources for which the court was requested to issue direction to bring the Domestic Violence (Protection and Prevention) Act, 2016 and other three laws, amended by SCSW, on the cabinet agenda on an urgent basis.

However, he noted that not a single paper was shown to visualise that the commission had made efforts to achieve the objectives.

Regarding the chairperson’s complaint about lack of funds, the court observed that prima facie the commission had legal authority not only to examine all other laws on the subject but could also competently consider and monitor implementation of a strategic plan and the annual budget and also mobilise grants from domestic sources and international sources.

The judge said that the commission, at least, should not have come with complaints related to lack of funds and referred to Section 15 which provided that funds should be established and be administered and controlled by the commission.

The judge said the commission was required to approach the government detailing all its grievances relating to its proper functioning and added that hopefully the same shall be considered and approved unless found to be not in line with object of the act.

He added that the commission was also required to approach the government to bring the Domestic Violence (Protection and Prevention) Act 2016 and other three laws, amended by SCSW, on the cabinet agenda on an urgent basis.

He expected that such approach, being well within the spirit of the act, shall be considered without any delay.

The judge directed the chairperson that such process must be initiated within a period of fortnight and same be decided by the government within a period of three months.

The bench directed the inspector general of police to consider the recommendations made by the commission relating to police and take positive steps in this regard.

Published in Dawn, June 4th, 2019

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