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Pakistan to set up special courts to tackle violence against women

Kailash Kumar

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Pakistan to set up special courts to tackle violence against women

Waqar Mustafa

JUNE 19, 2019

LAHORE (Thomson Reuters Foundation) - Pakistan is to set up more than 1,000 courts dedicated to tackling violence against women, the country’s top judge announced on Wednesday, seeking to tackle a problem activists say the criminal justice system has long neglected.

Asif Saeed Khosa said the special courts would allow victims to speak out without fear of retaliation in the conservative Muslim country, where domestic violence is often seen as taboo.

Pakistan sees thousands of cases of violence against women every year, from rape and acid attacks to sexual assault, kidnappings and so-called honor killings.

“We are going to have 1,016 gender-based violence courts across Pakistan, at least one such court apiece in every district,” Khosa said in an address to fellow judges broadcast on national television.

“The atmosphere of these courts will be different from other courts so that complainants can speak their heart without any fear,” he said.

The Human Rights Commission of Pakistan, an independent watchdog, reported at least 845 incidents of sexual violence against women in its 2018 report.

There were no comparative figures and the Commission had previously said violence against women went largely unreported, particularly in rural areas, where poverty and stigma prevented victims from speaking out.

The country was ranked sixth most dangerous for women in a Thomson Reuters Foundation a survey of global experts last year.

The new courts will operate in existing courthouses, but will hold domestic violence hearings separately from other cases to enable victims to testify in confidence.

A pilot court of this kind was opened in 2017 in Punjab, Pakistan’s most populous province.

Local High Court Chief Justice Mansoor Ali Shah said at the time that women were the most vulnerable members of society as one in every three had been a victim of physical or psychological violence.

Human rights campaigners said the Lahore court had been a success and welcomed the move to expand the program.

Romana Bashir, who heads the Peace and Development Foundation, a non-governmental organization working on women’s rights, said it was “a wonderful safeguarding measure”.

“Certainly women will be encouraged and feel strengthened to speak up against gender based violence. Consequently, women will be able to get justice,” she said.

Fauzia Viqar, a women’s rights campaigner who advised the Punjab government until last month, said studies had shown the performance of such dedicated courts to be “many times better than other courts”.

https://www.reuters.com/article/us-...o-tackle-violence-against-women-idUSKCN1TK2X2
 
We need them, Specially those who forced women to marry old filthy babby , and those who threat women after Karo Kari , those who beat their wives .. its time to put them behind bars .
 
I am going to be berrated for this post but here goes..

Whereas i am all in for woman's rights and women safety and equality.. i believe that lately there has been a surge of positive news coming in for house maids and mal-treatment of women. Its a good thing but leaves the men (usually the defendents) in the middle of nowhere. Women tend to misuse their gender in police stations and in the court of law with a mediocre lawyer even. Like take the example of the family laws which over the years through successful amendments have been skewed as such to make life miserable for a single parent especially if u are a father. The law says everyone irrespective of gender or religion is equal but in practice the cultural values are such that they are misused and women are given a breathing space which men don't get. Like in the above example i gave regarding family laws it looks as if the laws have been designed or made to favor mothers which is wrong. I have seen dozens and dozens of families mainly men suffering bcoz of this as;
1) the laws are strange- literally prehistoric or mind boggling at times
2) U can easy make accusations without proof and basis and then fight over it for years and years- as there is no automatic penalty attached afterwards for accusations and mal-intent and one must file a fresh case for it
2) it takes forever to have any judgment or conclusion of the case
3) even with a judgment in 5 years (if you are lucky i.e.), you can appeal in courts to get at least 5 more years.

The time bought for resolution of cases in court is a disgrace, can be used to change the ground realities and make things miserable even if you win afterwards. For example going by the same example of family courts mentioned above, 1 to 2 years are enough to brainwash a child to an extent that they literally abhor the parent which in the current example was fathers.
The situation is made complex as unfortunately the current practice is that if you cant get anywhere bcoz u were non-serious or a lousy student then you can either become a lawyer or a teacher. You just need a good financially strong family, good contacts and/or even a sharpness of mind to excel in these careers

So instead of short term or myopic initiatives i believe what we need to do is,
- Make this admission criteria for practice of law tough. It needs to be reversed and the made as stringent as possible.
- A lawyer can not take more than a specified number of cases at any given time
- A lawyer can not take more than a specified number of junior lawyers or trainees
- A lawyer + trainee + partners can not take more than a specified number of cases at a given time
- There should be a limit to the time period a trial can linger on
- There needs to be a time bound and well defined criteria for appeals for judgments passed and separate benches or systems need to be put in place for them.
- A judge's financial accounts and that of his dependents and siblings should be made available to the masses or a few organizations and departments and lastly
- No judge can take more than a specified number of cases at a given time.

If we want to make the law unbiased and just then a committee of seniors or skilled professionals like supreme judicial council or similar needs to scrutinize cases for judgement passed, the competency of unbiaseness of judges and lawyers so as to prevent malpractice. As per law all judgements passed need to be backed by sound and irrevocable proof or a clear intent or inclination towards a particular goal and this needs to support the judgement passed in writing and attached in the case files. The scrutinizing committees can select a cohort of completed files from every court or every city and can be blinded to prevent bias. Anyone be it judge or a lawyer found behaving outside the boundaries should be penalized heavily.

We must change, overhaul and scrutinize our judicial system and everything else would either be a eye wash or another mockery of the system itself.


In a nutshell, we need to make the judicial system attractive as a career and make it stronger, robust and more accessible to the masses. Have high courts in Hyderabad, Faislabad, Multan, Bahwalur, Mirpur Khas, Sukkur and Kohat. Justice should not be given through special courts but should be available at your doorstep.
 

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