Pakistan has a substantial body of law protecting women against violence, spread across the Penal Code, provincial domestic violence statutes, harassment legislation and family law. The difficulty is rarely that no law applies. It is that the applicable remedies sit in different forums with very different speeds.
The criminal provisions
The Criminal Law (Amendment) (Offences in the Name or Pretext of Honour) Act, 2016 closed the pardon loophole in honour killings, so that a conviction for qatl-i-amd committed in the name of honour carries life imprisonment even where the heirs forgive.
The Criminal Law (Amendment) (Offences Relating to Rape) Act, 2016 and the Anti-Rape (Investigation and Trial) Act, 2021 together provide for DNA evidence, in-camera trial, special courts, protection of the victim's identity, and a prohibition on the character of the victim being put in issue.
The Penal Code also specifically criminalises acid attacks, forced marriage, preventing a woman from inheriting property, and marriage to the Quran. The last of these matters more than it appears: section 498-A PPC makes depriving a woman of her inheritance a criminal offence, and it is available alongside the civil suit.
Domestic violence: the provincial statutes
Domestic violence is legislated provincially. Sindh, Balochistan, Punjab, Khyber Pakhtunkhwa and the Islamabad Capital Territory each have their own enactment, and the definitions cover physical, sexual, psychological and economic abuse.
The remedy that matters most is the protection order. It can restrain the respondent from contacting or approaching the aggrieved person, exclude them from the shared household, and direct maintenance and the return of belongings. It is a civil order obtained from the relevant court, and it is available without a criminal conviction and without an FIR. Breach of a protection order is itself punishable.
This route is faster than a criminal case and it addresses the immediate danger. Where a woman needs the violence to stop this week rather than the perpetrator to be convicted next year, this is generally the first application to make.
Harassment at the workplace
The Protection Against Harassment of Women at the Workplace Act, 2010, as amended, requires every organisation to constitute an inquiry committee and to display the code of conduct. A complaint may be made to that committee, or directly to the Federal or Provincial Ombudsman for protection against harassment.
The Ombudsman route deserves emphasis: it is free, it does not require a lawyer, it has statutory timelines, and it can order penalties up to dismissal, as well as compensation. The 2022 amendments widened the definition of workplace and of employee, bringing in domestic workers, students, performers and gig workers.
Family law remedies that function as protection
Several ordinary family law remedies operate protectively:
- A suit for dissolution of marriage, or khula, ends the relationship without requiring proof of cruelty.
- A suit for maintenance secures financial support, and economic dependence is what traps most women in a violent household.
- Custody proceedings can be brought urgently, and interim custody can be granted pending the final decision.
- Recovery of dower and dowry articles is a separate claim and is often the practical basis for rebuilding.
Where to go, in order of speed
- Immediate danger: the police helpline and the nearest women's police station, followed by a protection order application under the applicable domestic violence Act.
- Workplace: the internal inquiry committee, or the Ombudsman directly.
- Online abuse or blackmail: the FIA Cybercrime Wing under the Prevention of Electronic Crimes Act, 2016.
- Financial and marital: the Family Court, for maintenance, dower, custody and dissolution.
- Inheritance withheld: a civil suit for declaration and partition, together with a complaint under section 498-A PPC and to the Ombudsman where a public body is involved.
Practical notes
Medico-legal examination should be sought promptly where there is physical injury; the medico-legal certificate is the evidentiary backbone of most of these cases. Keep copies of everything - messages, call records, medical documents, employment records. Legal aid is available through provincial legal aid bodies, bar association free legal aid committees, and the Legal Aid and Justice Authority.
This article is a general survey of the protective law available to women in Pakistan. It is not advice on any specific case, and the applicable statute depends on the province. Consult an advocate, or one of the services above, about your situation.