Nighat Dad, attorney and Executive Director of the Digital Rights Foundation compiled a thread detailing what victims of domestic abuse can do to obtain legal protection and services.
Some lessons learned for Pakistani women from the case of Aliza Sultan
1- If you are facing domestic violence, sexual harassment, sexual assault, etc., please continue to create evidence, share it with trusted people and keep it safe somewhere other than your phone/device you usually use. pic.twitter.com/2ckNztvwGu— Nighat Dad (@nighatdad) October 25, 2022
Perpetrators at home or nearby often have a tendency to observe your movements physically and now more on social media and through your devices, monitoring your device means controlling your ability to take any action or make any decision . So keep cleaning your device
— Nighat Dad (@nighatdad) October 25, 2022
It is very dangerous in Pakistan to complain against the perpetrator to the police and return to the same house, it may cost you your life or at least other liberties, however if your circumstances allow, complain to the local police station. pic.twitter.com/SZLDTJR01K
— Nighat Dad (@nighatdad) October 25, 2022
In case you are a survivor of domestic violence or any gender-based violence, you can write a written complaint on a plain A4 paper and submit it to your local office (Police Station), ASAP. Upon submission of this complaint, you will receive a computer sheet issued by the PS Help Desk.
— Nighat Dad (@nighatdad) October 25, 2022
In case of injuries, please note that you have the right to be medically examined by the appropriate medical officers, and this is also confirmed under Rule 25.19 of the Police Rules 1934.
— Nighat Dad (@nighatdad) October 25, 2022
If the police officer concerned uses his/her discretion under sub-rule 5 of Rule 25.19 and decides not to send you for a medical examination, then you should seek and try to prove your case, and if necessary, get legal help and get Medico-Legal Opinion.
— Nighat Dad (@nighatdad) October 25, 2022
An escort of injured body or person form has been prepared under Rule 25.39 of the Police Rules 1934. A police officer will be appointed to accompany you for medical assessment. For reference, Form 25.39 looks like pic.twitter.com/8LoXryHwYV
— Nighat Dad (@nighatdad) October 25, 2022
A medico-legal report will be finalized after assessing the injuries/wounds you may have. This evaluation includes but is not limited to X-ray reports, DNA tests, physical examination, etc. It is always advised not to shower or change clothes for proper medical results.
— Nighat Dad (@nighatdad) October 25, 2022
The relevant doctor will fill out Form No. 25.39 of the Police Rules and will send the same to the police station along with a forensic report. This will help the police officers to decide which sections to use in filing the FIR against your abuser.
— Nighat Dad (@nighatdad) October 25, 2022
The nature of the violence you may have faced will now be registered under the relevant sections of the Pakistan Penal Code 1860, and this may range from sections 332, 337 or even section 376 (in case of sexual violence).
— Nighat Dad (@nighatdad) October 25, 2022
The above legal information regarding the procedure may also be different according to which province you are in for example in Sindh & Baluchistan Domestic violence is criminalized while in Punjab it is a civil offense under the Punjab Protection of Women Against Violence Act ( PPWVA)
— Nighat Dad (@nighatdad) October 25, 2022
However, all remedies should be available under the Pakistan Penal Code referred to above. owing to @DigitalRightsPK great legal team in sharing relevant information on this topic.
— Nighat Dad (@nighatdad) October 25, 2022
