The following are some of the features and gaps of the Punjab Protection of Women against Violence Act 2015:-
Features:
- It is a law to protect women against violence
- It is provincial legislation applicable in the province of Punjab
- It specifically emphasizes on Domestic Violence against women
- District Women Protection Committees are formed under the Act
- It gives more strength to existing Family Courts in the Province of Punjab
- It creates new job opportunities. There will be District Women Protection Officers hired in all districts of Punjab
- Violence against women centers and shelter homes can be established under the law
- Complaints can be filed in the family courts under this law
- The jurisdiction for filing complaints is wide and made for the convenience of aggrieved persons under the law
- This law emphasizes on speedy justice. It gives only 7 days to the defendant to receive notice and file reply
- The complaint filed under this Act has to be decided within 90 days
- According to Section 5 the aggrieved person can not be forcefully evicted from the house where she resides at the time of offense
- According to section 6 the court is empowered to issue interim orders during pendency of complaint merely on the basis of affidavit of complainant
- According to section 7 the court is empowered to issue protection orders
- The court is empowered to pass monetary order which is already a remedy available under section 17-A of the Family Courts Act 1964
Gaps:
- It seems like a Statute made by laymen having no legal expertise of legal drafting as this enactment has many substantial as well as procedural law flaws
- There is no date of commencement specified in the statute
- In the definition of aggrieved person, only women are included. Even if its a pro-women legislation, it should make females of all ages the aggrieved persons
- The qualifications and hiring procedure of District Women Protection Officers is not mentioned in the Act
- Even parents are not allowed to punish their disobedient daughters under the law
- Procedure for Establishment of Women Centers and shelter homes is not made part of law
- Defendant has to file reply in the court on his first appearance. In case of any frivolous case in which notices are not served properly, the defendant has no time to defend himself.
- Further it grants the court total time of 90 days to decide the complaint. However, it doesn't lay down the procedure to be adopted for trial in these 90 days.
- Section 5 is controversial as the words "Beneficial Interests" can have multiple interpretations
- According to Section 6 it is not clear what interim orders exactly the court is empowered to pass
- Some of the protection orders which can be passed under section 7 are against the Fundamental Rights of citizens
- There is no need of section 9 as the Family Judge is already empowered to pass maintenance orders
Suggestions:
- Some of the definitions shall be amended
- Complete procedure of complaint shall be made part of law
- If the aggrieved person lives in the house owned by defendant, she shall be evicted and sent to shelter home under the protection of court
- Reconciliation proceedings shall be made part of procedure at pre-trial stage
Regards,
Salman Yousaf Khan (Golra)
Advocate High Court
Ex-Candidate MNA
+92-333-5339880
Features:
- It is a law to protect women against violence
- It is provincial legislation applicable in the province of Punjab
- It specifically emphasizes on Domestic Violence against women
- District Women Protection Committees are formed under the Act
- It gives more strength to existing Family Courts in the Province of Punjab
- It creates new job opportunities. There will be District Women Protection Officers hired in all districts of Punjab
- Violence against women centers and shelter homes can be established under the law
- Complaints can be filed in the family courts under this law
- The jurisdiction for filing complaints is wide and made for the convenience of aggrieved persons under the law
- This law emphasizes on speedy justice. It gives only 7 days to the defendant to receive notice and file reply
- The complaint filed under this Act has to be decided within 90 days
- According to Section 5 the aggrieved person can not be forcefully evicted from the house where she resides at the time of offense
- According to section 6 the court is empowered to issue interim orders during pendency of complaint merely on the basis of affidavit of complainant
- According to section 7 the court is empowered to issue protection orders
- The court is empowered to pass monetary order which is already a remedy available under section 17-A of the Family Courts Act 1964
Gaps:
- It seems like a Statute made by laymen having no legal expertise of legal drafting as this enactment has many substantial as well as procedural law flaws
- There is no date of commencement specified in the statute
- In the definition of aggrieved person, only women are included. Even if its a pro-women legislation, it should make females of all ages the aggrieved persons
- The qualifications and hiring procedure of District Women Protection Officers is not mentioned in the Act
- Even parents are not allowed to punish their disobedient daughters under the law
- Procedure for Establishment of Women Centers and shelter homes is not made part of law
- Defendant has to file reply in the court on his first appearance. In case of any frivolous case in which notices are not served properly, the defendant has no time to defend himself.
- Further it grants the court total time of 90 days to decide the complaint. However, it doesn't lay down the procedure to be adopted for trial in these 90 days.
- Section 5 is controversial as the words "Beneficial Interests" can have multiple interpretations
- According to Section 6 it is not clear what interim orders exactly the court is empowered to pass
- Some of the protection orders which can be passed under section 7 are against the Fundamental Rights of citizens
- There is no need of section 9 as the Family Judge is already empowered to pass maintenance orders
Suggestions:
- Some of the definitions shall be amended
- Complete procedure of complaint shall be made part of law
- If the aggrieved person lives in the house owned by defendant, she shall be evicted and sent to shelter home under the protection of court
- Reconciliation proceedings shall be made part of procedure at pre-trial stage
Regards,
Salman Yousaf Khan (Golra)
Advocate High Court
Ex-Candidate MNA
+92-333-5339880
