Academic journal article Pakistan Journal of Criminology

Legal Protection and Domestic Violence against Women in Kashmir

Academic journal article Pakistan Journal of Criminology

Legal Protection and Domestic Violence against Women in Kashmir

Article excerpt

(ProQuest: ... denotes formula omitted.)

Introduction

Legal Protection

Qureshi, S. (2009) stated that there are clear provisions in the constitution of Pakistan regarding provision of equal rights to all the citizens and providing them equal opportunities before the law. But this ideal is yet to be achieved due to many hindering factors like to reach for justice or raising voice for their rights including lack of awareness, costly law procedures and gender insensitive attitude towards women.

Khan Rabia (2009) presented that the violence against women within Pakistani culture is seen as a real problem for the Pakistani society since the last two decades. And there is very little work done by the government or the human rights activists has been recognized in the last two decades by the civil society and the state with little done to correct the problem. Only recently has this problem come under serious focus and begun to receive the attention it deserves, primarily by the sustained efforts of women rights groups.

Jordan, C.E. (2004) found that it is noted in the studies/surveys that battered women often face range of problems in their dealing with the complicated procedures of criminal justice. Women entering the court system face a challenging experience, in part, because a courtroom can be an intimidating and difficult place for any person, and in part because women victimized by crimes in which the offender is known to them face distinctive difficulties when they seek the court's remedies. The interface is also made more challenging for women as the literature offers disparate findings as to the efficacy of criminal justice responses and civil remedies. This article briefly explores the unique characteristics of intimate partner violence cases that influence the interface of these victims with the court system. A reviews provided of research on the criminal justice interventions in cases of intimate partner violence; and research on the efficacy of civil protective orders.

On the basis of results from the British Crime Survey, Dodd, Nicholas, Povey and Walker (2004) explained that all the cases of domestic violence are not reported to the police. There are many reasons behind the problem of not reporting such incidents. Almost 41% of such events are reported to law enforcement agencies. This means that the actual occurrence of such events is much more. Not reported incidents are more than 55%. This shows the alarming level of presence of domestic violence.

Povey et.al (2000) argued that domestic violence has seen an obvious decrease within the previous years. Special courts on domestic violence have helped a lot to reduce the magnitude of domestic violence. During the past 5 years, when the domestic violence was reported by any victim, the abuser was punished by these courts. This has brought a change in domestic violence scale and it has been decreased. The people, who were charged and punished by these courts, did not engage themselves further in abusing or showing violent behaviors to their intimate partners. Thus the domestic violence is decreased due to these courts.

Stanko (2001) stated that in every one hour in UK, 55 calls from the victims of domestic violence are received by the police, and in a week 9100 calls are received by the police about domestic violence. This shows the frequency of domestic violence in developed country of Europe, revealing the pathetic condition of domestic violence in the UK. These are only those complaints which are got into notice. Much more cases are not even get attention of authorities due to various reasons.

Haneef, M.A., Abdullah Yusof, S., Mohd. Amin, R. & Md. Noon, H. (2001) stated that in Malaysia, as the country religion is Islam, Islamic values can play a role to eradicate the social evils like domestic violence, drug abuse etc. people misunderstand Islam or they have very little knowledge of it. So the clear understanding of Islam and Islamic values is very important. …

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