PESHAWAR: The Peshawar High Court on Wednesday issued notices to the provincial government and Khyber Pakhtunkhwa Commission on the Status of Women (KPCSW) seeking their response to a petition against a delay in the formation of district protection committees (DPCs) under the KP Domestic Violence against Women (Prevention and Protection) Act, 2021, as well as the notification of rules of business under it.

A bench consisting of Chief Justice Musarrat Hilali and Justice Wiqar Ahmad issued the order after preliminary hearing into the petition of woman lawyer and human rights activist Mehwish Muhib Kakakhel, who insisted that the act of the respondents, including the provincial government, not to notify DPCs should be declared illegal and against the fundamental human rights promised by the Constitution.

She also requested the court to declare illegal the delay in the notification of the rules under the law.

The petitioner sought the court’s orders for the government to take “immediate and concrete” steps for women’s welfare and protection by notifying DPCs and rules of business for them under the law.

It also asks why rules of business under domestic violence law not notified

Ms Kakakhel, who is also a member of the National Commission for Human Rights’ advisory committee for KP, said that efforts of women rights activists led to the 2021 legislation against domestic violence in the province after a delay of decades.

She, however, said that the women victims of domestic violence couldn’t get any relief under the law as the DPCs, which were to be formed soon after the enactment of the law under its Section 4, had yet to be notified.

The petitioner said that Section 4 provided for the composition of DPCs, whereas Section 6 of the Act explained powers and functions of the said committees.

She said that the Act was passed to enable the victims of domestic violence to file complaints for the resolution of their issues and be assisted by DPCs for their medico-legal examination, legal aid and psychological support if the need arose.

Ms Kakakhel said that DPCs were to be constituted and notified for the purpose to receive complaints of victims and to resolve them expeditiously.

She added that the Act also declared that DPCs would resolve issues of domestic violence through mediation and in case of failure of mediation, cases would be referred to court for adjudication.

The petitioner said that the same committee would be responsible for providing legal, financial, health and psychological support to the victim.

She said that for the first time in Khyber Pakhtunkhwa, domestic violence was penalised for eradicating the evil but unfortunately, as there’s a delay in the formation of DPCs, the victims couldn’t report such violence to claim relief promised by the law.

Ms Kakakhel contended that the rules of business had yet not been notified and therefore, it was not clear how a victim of domestic violence would file a complaint.

She said that according to the Human Rights Commission of Pakistan report, State of Human Rights in 2022, which was based on police reports, the country reported around 1,022 incidents of domestic violence in the year 2022.

Published in Dawn, May 25th, 2023