Chapter five:
Women and domestic violence in Pakistan
5.1 Introduction and chapter rationale
This Chapter provides an overview of the position of women in Pakistan, including statistical evidence of the prevalence and the different forms of violence used against women throughout the country. It will also examine the range of ways that systems in Pakistan engage with and address violence against women as a criminal offence, and the impact this has on the victims. In addition we will look at the options women have when fleeing violent relationships, and consider the impact of religious and gender persecution in non-Muslim (specifically Christian) communities. As was also noted in Chapter three, in terms of the impact of recent international events, the ‘war on terror’ has had the consequence of increasing the pressure on women to identify their allegiance to Islam by adopting the ‘hijab’ or veil and to see this as a powerful political statement against the West. Alongside this the issue of ‘honour’ has taken on additional significance, extending from family honour to religious honour. This has had the effect of validating practices that are observed falsely in the name of Islam but are in effect based on patriarchy and the control of women.
5.1.1 Outline of the analysis
In exploring the experiences of, and provision of services to, women the analysis in this Chapter focuses on the options women have in seeking protection. It deals in detail with the procedure for registering a First Information Report (FIR), examines the police response to violence against women and also describes the different kinds of shelter provision in Pakistan.
A key feature of this study is to document the perspectives and accounts of women and service providers. We will therefore include extracts from the one to one interviews we conducted with women and will provide illustrative case studies of women’s experiences with state agencies and the limited choices they have when fleeing domestic violence.
Country of Origin Information Reports are produced by the Border and Immigration Agency, (formerly the Immigration and Nationality Directorate) and are drawn upon by immigration judges in their determinations of cases of women asylum seekers from Pakistan. Aside from noting the need for services these reports say little or nothing about provision of services and the procedures by which women may seek protection. They do not adequately address and/or analyse the position and experiences of women accessing (the albeit limited) services in Pakistan. The material generated from this study supports the claim that these COI reports fail to address the complexity of issues affecting Pakistani women, especially in relation to the interface between the political, legal, secular and patriarchal systems and customary practices within Pakistan. This analysis therefore aims to address the gaps in the Home Office Reports by illustrating in some detail the lack of ‘protection’ and ‘provision’ available to women fleeing violence.
5.2 The position of women in Pakistan
“For years, women in Pakistan have been severely disadvantaged and discriminated against. They
have been denied the enjoyment of a whole range of rights – economic, social civil and political
rights and often deprivation in one of these areas has entailed discrimination in another.” (Bari,
1994, p.45)
“Women, who have been denied social rights, including the right to education, are also often
denied the right to decide in matters relating to their marriage and their divorce. They are more easily abused in the family and community and are more likely to be deprived of the right to legal redress. Often abuses are compounded; poor girls and women are trafficked and subject to forced marriage, forced prostitution or exploitative work situations such as bonded labour. In all of these situations they are likely to be mentally, physically and sexually abused, again without having the wherewithal to obtain justice.” (Bari, 1994, P.48)
In every society the family unit is defined as being fundamental to both community and state. The composition, forms and functions of the family unit differ across societies and cultures and shape both power relationships and gender roles within society. As discussed in previous Chapters, throughout history and in different societies and cultures women have been defined by their reproductive role – beginning with childbearing, the responsibility for childcare, and as homemakers. As an extension of that reproductive role, in relation to the bearing of and caring for children, they have been accorded responsibility for providing a moral example and expressing national morality (Yuval-Davis, 1997). In Pakistan it can be argued that women have little or no control over their bodies and are indeed even deprived of control over their own reproductive capacity and related health issues. Nevertheless, as our interviews will indicate, the status of women within the family in Pakistan cannot be simply described in a general way – as applying in exactly the same way for all women in the country as women’s positions are often affected by factors such as class, socio-economic status, region, tribe and the urban and rural divide.
Gender roles in Pakistan are also influenced by social, religious, cultural and economic factors. However this is not unique to Pakistan and is reflected in many societies where organised religion plays a significant role in the political and legal systems. In this context women are often disempowered and become economically, politically and socially dependent upon men in the family.
The confinement of Pakistani women to their homes is maintained through ‘izzat’ (honour) and ‘purdah’ (veiling). Since the notion of male honour is linked with women’s sexual behaviour, the woman’s sexuality is considered a potential threat to the ‘izzat’ of the family (Bari,2000). A woman’s position politically, economically and sexually is therefore clearly defined, restricted and controlled by men to ensure that she does not dishonour them and the family. Ruhi Khalid illustrated:
“In Pakistani society the traditional concept of the family and home as the only safe and secure place for women is deeply rooted in its customs and social beliefs. Any woman no matter what her marital status or social economic status attempting to leave home without the blessings of her guardians, is perceived as a threat to the ‘izzat’ i.e. honour of the family.” (Khalid, 2006)
Both analysts and participants in this study described how favourable treatment of male members of the family from a very young age creates the basis of power relationships between men and women. The man assumes his role of being superior to a woman and consigns her role to one of subordination. As one of the focus group participants in Pakistan commented:
“Women are discriminated against from birth. Our brothers and mothers do not treat us equally at home, a father treats a son and daughter differently and a brother treats a brother and sister differently.”
5.2.1 Factors influencing the lives of women
“Women in Pakistan are disadvantaged from the moment they are born. The birth of a girl is frequently met with disappointment, even anger, and the blame is usually placed on the mother. As a result girls are more likely to die of childhood diseases. There are 91 females to every 100 males in Pakistan, according to 1991 estimates.”149
Chapter four already noted that that there is very little national investment in girls’ education and skills development.
The literacy rate for girls in 1998 was 32.6% as opposed to boys which was 56.5% (Bari, 2000). Women are more likely to experience greater levels of poverty than men and are more likely to be unskilled and have restricted employment opportunities. For example, in urban areas women are
149 See Amnesty, ‘Pakistan Women In Pakistan: Disadvantaged And Denied Their Rights’, at: http://web.amnesty.org/library/index/ ENGASA330231995, 1995, last accessed 18/11/07.
usually employed as domestic workers or factory workers. In rural areas they tend to work mostly in the field or as bonded labourers. Yet for many women, finding even unskilled work can be problematic due to a combination of religious and cultural restrictions, as well as low literacy rates. Women in rural areas are deprived of access to basic health services. Girls are also usually expected to carry out household duties or care for the younger members of the family.
As service providers at one women’s organisation commented:
“…the girl is a liability; at an early age the girl child is made aware that she is only a temporary
member of the family. Any skills she learns will benefit not her own family but her in-laws.”5.2.2 Nature of domestic violence in Pakistan
“There has to be a domestic violence law that is implemented and monitored; All communities
should have options, not have help for a while and then you are own your own.”150Domestic violence is widespread and a global phenomenon both in developed and developing countries. It is generally accepted that there is no single cause for the violence perpetrated against women. It is a combination of cultural, economic, legal and political factors. In Pakistan violence against women is exacerbated by inadequate legislation and law enforcement and a judicial system that does not recognise domestic violence as a criminal offence.
“Domestic violence is a problem of mammoth proportions in Pakistan and one that has been ignored by society at large, by the government and, to an extent, by women’s groups. While Pakistani society distances itself from this problem by viewing the abuse of women in the home as random, isolated instances, hundreds of women are burnt, mutilated, deformed and killed. The concept of chadder and chardewari (veiling and seclusion) that ostensibly guarantees women a harmonious life if they confine themselves to their homes, becomes a fatal deception when women suffer violent abuse in the space depicted as their ‘haven.” (Hassan, 1995, p. 3)
Women’s organisations in Pakistan started raising the issue of violence against women in the early 1980s during the process of ‘Islamisation’ introduced by General Zia ul Haq in 1979 (see 4.6.1). This process and the legislation introduced by him led to increased violence against women in the public and private spheres. The increased victimisation of women in Pakistan led the non governmental organisations (NGOs) to raise awareness of gender based violence in Pakistan.
In 1993 the Declaration on the Elimination of Violence Against Women, the United Nations took the position that member states were obligated to prevent, investigate, and punish acts of violence against “whether those acts are perpetuated by the State or by private persons”.151
Member states that do not wish to meet their obligations on human rights and gender based discrimination usually cite their own customs or traditions by way of explanation or excuse. Therefore the Declaration on the Elimination of Violence against Women also urged states not to “invoke custom, tradition or religious consideration to avoid their obligation” to women citizens.152
Furthermore the UN Special Rapporteur on violence against women has clearly stated:
“States have an affirmative obligation to confront those cultural practices of the community which result in violence against women and which degrade and humiliate women, thereby denying them the full enjoyment of their rights. International standards require that there be a concerted State policy to eradicate practices even if their proponents argue that they have their roots in religious beliefs and rituals”.153
Pakistan is a signatory to the above declaration, yet it is widely acknowledged by national and international monitoring organisations (Bari, 2005) that it fails to adequately meet its obligations. We have addressed in Chapter four the Hudood Ordinances, Honour Killings and Swara which clearly indicate that women are still being criminalized for offences they have not committed and
150 Interview with Social Development Adviser; DFID July 2006 151 UN doc. A/RES/48/104,cited in HRW 99:28 152 UN doc. A/RES/48/104,cited in AI 99:3 153 UN doc. E/CN.4/1997/47,cited in AI 99:4
are therefore being denied justice. This highlights the discriminatory, social, cultural and traditional practices which define a woman’s place in Pakistani society.
It is, however, important to recognise that women from urban and rural areas have different experiences of domestic violence depending on whether they are from a poor, or middle or upper class background. Women from urban areas and middle and upper classes are likely to have greater opportunities for higher education and, paid and professional work. The mobility of these women is less restrictive but they are less likely to speak about domestic violence because of ‘family honour’ and threat to their economic and social position. Yasmeen Hassan states:
“Many women from upper class and upper-middle classes face the same responses from their families. These women are economically more powerful than their lower class counterparts but the sense of honour and avoidance of shame associated with upper class women leaving their husbands is often much more than that associated with lower class women.” (Hassan, 1995, p.61)
In rural areas women are not aware of their rights and are conditioned to accept that domestic violence is part of their life. At the focus group held in Hyderabad workers from rural and tribal areas said that women seemed to accept domestic violence as the norm and had to conform to rigid rules of behaviour.
Next we will examine the significance of ‘izzat’ and ‘family honour’.
5.2.3 Domestic violence – A family matter, not a crime
“My parents were of the opinion that I should live and die at my in-laws. I was unable to take it
anymore.”154
As already mentioned, in Pakistan a woman’s ‘honour’ plays a significant role in controlling the voices and mobility of women. Domestic violence is generally viewed as a ‘family matter’ and women are expected to resolve the abuse within the confines of the home and family. The extensive documentary and empirical research conducted for this study indicate that the matter is rarely taken to court unless it has entered the public domain. This usually happens when the cases are exposed through the media.
Cases of ‘public’ violence, as we have seen in section 4.4.7 and 4.5.3, appear to be easier to condemn as they are open to public scrutiny. There is immediate reaction to the hideous nature of these crimes. ‘Private’ violence on the other hand cannot be so easily exposed or condemned because it is carried out behind closed doors. It is kept away from public spheres to protect the honour of the families involved. This not only disempowers women but, in effect, legitimises violence against them. Societal and state agency attitudes reinforce the notion of ‘honour’ by treating domestic violence as a ‘family matter’. Women are rarely able to fight against this ingrained attitude of society due to the cultural values imposed on them.
“A woman leaving her husband’s house or exposing what is seen as a private matter between
husband and wife is seen as a source of shame to her family.” (Hassan, 1995, p.47)
This view is further reinforced by the programme coordinator for women from the Aurat Foundation in Karachi:
“A woman is viewed as “Ghar ki izzat” (honour of the house) – this is the practice in Pakistan. She is not allowed to disclose the pain and suffering to anyone.”
Participants within the study overwhelmingly indicated that if a woman wants to raise the issue of violence she will be expected to do so within the confines of the family to avoid ‘dishonouring the family’. Her only options were seen to be to disclose the violence to her family members and ask them to intervene on her behalf or put up with the situation. Interviewees stated that there is reluctance from natal families to support women leaving their husbands because large amounts of money have been spent on her wedding and dowry. If a woman does return to her parent’s home because of the violence from her spouse, efforts will be made to effect reconciliation and the woman will often be returned to the violent relationship. Programme Co-ordinator for Women, Missing and Kidnapped Children at Madadgar (NGO) in Karachi stated:
154 Resident at DASTAK (Shelter), focus group held on 26th May 2006
“When a woman does return to her matrimonial home she may suffer further abuse at the hands of her husband and in-laws because she spoke out against the abuse.”
It would seem that these reasons contribute to why there has been little support for treating domestic violence as a criminal offence by the state and by society at large.
A further key factor is that women who defy the social norm and are forced to flee are then socially stigmatised. A victim of domestic violence has to consider these factors before disclosing the abuse to anyone outside the family in case she becomes the subject of serious repercussions. Both service providers and women survivors/victims highlighted how women who are forced to leave violent relationships are labelled as bad women by Pakistani society. They are blamed for failing in their marriages and leaving their homes and as a worker from an agency in Peshawar commented:
“If she is alone from her family she is not considered a good woman”
The study’s consultations with service providers and the one-to-one interviews with women clearly indicated that women were denied protection because of ‘family honour’. ‘Family honour’ was seen as paramount to a woman’s well-being. The women interviewed appeared to feel helpless and claimed that no one cared what happened to them as long as the family’s ‘izzat’ was not tarnished.
Throughout our extensive interviews, issues of poverty, traditions, customs and religion were documented as impacting on the lives of women fleeing domestic violence. The social, political, cultural and economic factors that were discussed in (section 5.2.1) have both directly and indirectly affected the status and rights of women, as we outline below.
In general the view of the women we consulted with (and the consistency and uniformity of opinion was striking) was that the government had failed to protect their human rights and men were therefore free to do as they pleased. They claimed the men could even kill women and get away with it. The laws did not protect women against the different forms of violence used against them (see section 4.5.4). They further emphasised that if women left violent relationships they had no financial support and were unable to find work and could not live on their own without the support of a man. This economic dependency often forces women to return to violent relationships and reinforces their dependency on men. The alternatives were scarcely better. As the programme coordinator from the Aurat Foundation, Karachi noted:
“Prostitution is on the increase because the system has failed the women – they have to do
something to survive.”
5.3 Prevalence of violence against women
“According to HRCP estimates, one out of every two women was the victim of mental or physical
violence. On November 28 [2006], Oxfam’s representative claimed that approximately 80% of the
country’s women faced domestic violence in their lives.”155
It is widely reported that violence against women is widespread throughout the country. A study by the Punjab Women Development and Social Welfare Department in October 2001 claimed 42% of women accepted violence as their fate, 33% did not resist it, 19% protested, and only 4% took action against it. 53% of the perpetrators of violence were male relatives, 32% were husbands, other relatives accounted for 2%, and women (usually mothers-in-law) were responsible for 13%.156
Human rights groups suggest that every second a Pakistani woman is a victim of direct or indirect violence:
“The incidents of violence against women are not isolated acts. It must be recognised that it is a
manifestation of women’s status and of historically unequal power relations between men and
women.” 157
155 Bureau of Democracy, Human Rights, and Labor, Pakistan: Country Reports on Human Rights Practices – 2006, US Department of State, Amended March 2007, accessed at: http://www.state.gov/g/drl/rls/hrrpt/2006/78874.htm, last accessed, 18/11/07.
156 Amnesty, ‘Pakistan: Insufficient Protection for Women’, amended April 2002, accessed at: http://web.amnesty.org/library/ index/engasa330062002, last accessed 17/11/07.
157 Bari, F, ‘Social cost of violence against women’, The News
Despite many proposals in progress Pakistan at present has no specific legislation on domestic violence and we will later address the impact this has on the lives of women.
Below is a statement issued by the British Foreign and Commonwealth Office on the situation of women in Pakistan and the measures to be taken by the Pakistani government in curtailing violence against women.
“The British Government continues to be concerned about the human rights situation in Pakistan, particularly that of religious minorities. The cases of individuals facing the death penalty or blasphemy charges have attracted parliamentary and public interest in the UK. Other human rights issues of concern include discrimination against the Ahmadi community, forced marriages, honour killings, child and bonded labour and the treatment of women, particularly in rural areas.”
It continues:
“With our EU partners we will continue to urge the Pakistani authorities to redouble their efforts to bring the perpetrators of human rights violations and terrorists acts to justice. We continue to urge the government of Pakistan to fully guarantee the fundamental rights of all Pakistani citizens, particularly the most vulnerable (women and children) as laid down in the constitution of Pakistan and in accordance with the international human rights standards.”158
In spite of this acknowledgement by the British government of the position and treatment of women in Pakistan, this is rarely reflected in the decisions made by the Immigration authorities. The Immigration authorities suggest that women asylum seekers can return to Pakistan and relocate within the country in safety.
The above is an example of the contradiction between British government’s foreign and Immigration policies.
5.4 Forms of violence against women
Here we should note that in addition to the usual recognised forms of violence against women such as physical, emotional and financial abuse there are additional forms by which abuse of women takes place in Pakistan. For example, stove burnings, acid throwing, mutilation (chopping limbs), child brides, forced prostitution, kidnapping, abduction and the trafficking of women.
In recognition of this, during the first fieldwork trip in 2005 the researcher visited burns victims at Mayo Hospital in Lahore and Patel Hospital in Karachi where women had been set alight by their husbands or mothers-in-law. The women we visited in Lahore had received 90% burns and were not expected to survive. The worker from AGHS burns project indicated that an increasing number of women were burnt by their husbands and mothers-in-law. Who would often claim that the stoves had ‘burst’. She added that the women generally did not take legal action against the perpetrators of these crimes because they were either married into their extended family or feared that the natal families would be persecuted if they did not survive.
In Karachi we interviewed a young woman who claimed she had been set alight by her husband and mother-in-law because she refused to ask her mother (a widow) to transfer her house over to her husband. The woman had received 80% burns and she was being supported by the Ansar Burney Trust. The woman had refused to take legal action against her husband and mother in law because her only daughter was living with them and she was afraid of losing her. A second indicative case was that of a woman at a shelter in Lahore whose husband had chopped her nose off and she was undergoing surgery at the time of our visit. She told us that she had reported the incident to the police but they had failed to take any action.
The Burns Project at AGHS recorded fifty burns cases between January and May 2006, only nine cases had been registered against the perpetrators.
158 Foreign and Commonwealth Office, Pakistan: Country Profile, last amended November 2007, accessed at: http://www.fco. gov.uk/servlet/Front?pagename=OpenMarket/Xcelerate/ShowPage&c=Page&cid=1007029394365&a=KCountryProfile&aid=101 9041564003, last accessed 18/11/07.
5.4.1 Statistics and their limitations
“The main reason for social indifference and inaction on the issue of the abuse of women in the
home seems to be the fact that no one has put together all the data on domestic violence to
present it as a systematic problem of vast magnitude and crucial importance, affecting not only the
health and lives of women but also the health of society in general.” (Hassan, 1995, p.3)
The tables below illustrate how reported crimes against women are documented as significantly increasing. Given wide acknowledgement of the level of unreported acts of violence, it is likely that these statistics are major underestimates. The Home Office Reports on Pakistan rely on statistics and information provided by a range of International sources such as Human Rights Watch and United States State Department Reports. The reports tend to rely on basic statistics around generic issues of violence and do not always focus on the specific gender related violence with the exception of an emphasis on ‘honour killings’.
It is interesting to consider some of the statistics collated internally in Pakistan to see the spread, forms and prevalence of domestic violence. Table 1 has been derived from the statistics collected by the Gender Crime Cell of Police in Karachi from 1993-2004 and Table 2 from Madadgar (NGO) and Lawyers of Human Rights Legal Assistance from 2000-2004. While it is clear that estimates vary considerably, it is equally clear that all sources document significant increases in prevalence of domestic violence in Pakistan.
The statistics in Table 6 are police based information and are generally collated using newspaper reports, case referrals and through official bodies like government departments. In contrast the statistics in Table 7 are collated by NGOs using newspapers reports and their own case referrals. The police statistics have a category defined as ‘domestic violence’ but it is not clear what this comprises and this contributes to the discrepancies in the data in Tables 6 and 7. If we consider the levels of reporting by women it could be interpreted that it is more likely for women to turn to NGOs for services and support than the police so that the police data are likely to reflect significant under-
Table 6: Country Statistics of Crimes Recorded by the Gender Crime Cell of Police in Karachi Table 7: Statistics Recorded by the Research and Documentation Centre of Two NGOs – Madadgar / Lawyers for Human Rights Legal Assistance in Karachi.

DomesticViolence
HonourKilling
Acid
Vani
SexualViolence
Harassmentat workplace
OtherViolence
Total
1993
1234
523
78
0
1085
42
1254
4216
1994
1167
589
75
2
1056
58
1206
4153
1995
1304
596
81
0
1076
39
1229
4325
1996
1402
622
70
0
1185
45
1246
4570
1997
1530
618
99
0
1410
72
1478
5207
1998
1541
572
87
2
1571
40
1511
5324
1999
1725
648
88
2
1654
79
1593
5789
2000
1830
651
95
6
1544
91
1654
5871
2001
2111
533
95
0
1370
59
1551
5719
2002
1551
397
19
0
1289
89
1347
4692
2003
1813
378
19
0
1717
127
1831
5885
2004
3088
392
32
1
2230
96
2546
8385

Nature of Violence/Abuse
2000 (Jan-Dec)
2001 (Jan-Dec)
2002 (Jan-Dec)
2003 (Jan-Dec)
2004 (Jan-Dec)
Grand Total
Murder
386
1422
1583
1636
1468
6495
Rape
404
576
984
1030
1047
4041
Torture/Injury
317
1195
1570
1920
1600
6602
Honour Killing
Not collected
736
803
930
870
3339
Burn cases
Not collected
311
240
380
310
1241
Corpses found
Not collected
Not collected
120
129
44
293
Abduction
690
1255
1404
1759
1397
6505
Police torture
Not collected
64
97
140
180
481
Suicide
638
1053
1112
1412
1327
5542
Trafficking
Not collected
36
28
84
62
210
Grand Total
2435
6648
7941
9751
8305
35080

reporting. This interpretation was substantiated by the qualitative material generated via the women’s and service provider interviews.
It is evident both from the two tables and from the women we interviewed that crimes against women are still being under-reported. We will later examine reasons and causes of why women are reluctant to register these crimes with the police. During the course of conducting this study the Pakistani police were unable to confirm how many of the cases registered with them ended up as prosecutions.
“HRCP found no evidence of any decrease in the rate of crimes committed against women. Some
violent crimes, including incidents of the rape of minor girls, increased. The perpetrators of crimes
were not being punished and increased further acts of violence.”159
As described in detail in Chapter three, to further inform our findings two fieldtrips each of a duration of three months were undertaken to explore how domestic violence impacts on the lives of women in Pakistan and why they are forced to flee the country. During the fieldwork conducted for the study, it became evident that accurate statistics of violent crimes committed against women in Pakistan were not available. This is largely because many of the crimes perpetrated against women are not reported. The material generated for this study was thus qualitative, focused on the generation and analysis of accounts from various agencies, including interviews with key participants, and this study should help to amplify some of the key issues at stake in the gaps in official statistics.
5.4.2 The position of non-Muslim women
“The state shall take measures where required to ensure that persons belonging to minorities may exercise fully and effectively all their human rights and fundamental freedom without discrimination
159 Human Rights Commission Pakistan – State of Human Rights in 2006, accessed at: http://www.hrcp-web.org/ar_anualreport06/index.htm, last accessed 18/11/07.
and in full equality before the law” (Article 4, Declaration on the rights of person belonging to
National or Ethnic, Religious and Linguistic minorities).
In Chapter four mention was made of the situation of Christian women in Pakistan. We now consider their position in relation to domestic violence. (Time constraints prevented research into other minority communities such as Hindus and Sikhs).
The largest minority group in Pakistan is the Christian community which forms 2% of the overall population. While this may be a small percentage, given the population of Pakistan it, in fact, consists of several hundred thousand people (see HO C.O.R, 2007). Most of the Christians are poor and unable to access formal education because of discrimination. The Christian women are largely employed as domestic workers and are often victims of sexual assault and economic exploitation.
Analysis and participant accounts illustrated that this particular group faced religious persecution as well as gender discrimination. The women were discriminated against within the home and by the wider society that was intolerant of their beliefs.
5.4.2.1 Forced conversions of non-Muslim women
During our research concern was expressed by NGOs working with the Christian communities that they were dealing with a growing number of cases of young women being kidnapped, abducted, drugged and raped by Muslim men, often resulting in forced marriages and conversions. The Human Rights Commission of Pakistan’s annual report State of Human Rights 2006 said:
“…there was also a marked increase in the number of cases involving the forced conversion to Islam of women belonging to the minority communities, with this form of violence emerging as a bigger threat than during previous years. Fear of violence, intolerance and discrimination ‘forced’ many women to convert. The trend was to ‘kidnap’ or lure away a girl, get her converted and admitted to a madrassah.”160
Further it is important to note that if parents wish to register cases of abduction or rape they are faced with an impossible task as the authorities argue that the women have embraced Islam and the parents are therefore not entitled to custody.
Below is a case of a young woman interviewed at Apna Ghar (a Christian shelter) in Lahore.
5.4.2.2 Case study: Mahek
Mahek lived with her family in Lahore. Her maternal aunt married a Muslim man and lived in Gujranwala. Because of the marriage her aunt had converted to Islam. In 1997, her aunt’s husband came to their house claiming that her aunt was unwell and had asked for her. She went back to Gujranwala with him. She was then forcibly converted to Islam and sold to a Muslim man for 80,000 rupees. In 1998 the man forced her to marry him and to live as his prisoner. Mahek was denied contact with anyone outside and was tortured and physically abused by her husband on a daily basis. In 2000, she managed to escape with her one year old son. She was pregnant with her second child
Mahek went to her family home where her brothers refused to support her and turned her away. Her brother in law informed her mother about the Centre for Legal Aid Assistance and Settlement (CLAAS) and she took Maria and her son there for advice and assistance. She was admitted to their shelter and whilst living there gave birth to her daughter in 2001.
She applied for divorce and custody of her children. During the proceedings the judge granted the father permission to meet the children before every court hearing. In September 2004, during a visit, the children were abducted from court by Mahek’s husband.
Since then numerous attempts have been made to locate the children but without success. Mahek is still living at the shelter and hoping that one day she will be reunited with her children.
5.4.3 Denial or focus on reconciliation
“The crisis centre offers mediation and reconciliation if a woman requests.”161
160 Human Rights Commission Pakistan – State of Human Rights in 2006, accessed at: http://www.hrcp-web.org/ar_anualreport06/index.htm, last accessed 18/11/07. 161 Interviewed worker at the Crisis Centre in Lahore on 16.5.06
As we have seen earlier in the Chapter, domestic violence is largely still not considered by society at large as a ‘criminal matter’ but as a ‘family matter’. During our fieldtrips we monitored the newspapers and noted that violent incidents against women were reported daily. Despite this Pakistani society appeared to be in denial in its failure to accept domestic violence as an offence requiring urgent redress. There was sufficient evidence throughout the country about the atrocities committed against women but no adequate provision was being made available to women fleeing violent relationships. The evidence generated from the study indicated that a large number of service providers put emphasis upon mediation and reconciliation. One major factor for this was the economic dependency of women, which severely limits their options.
In addition it was generally accepted that natal families preferred women to return to violent relationships so that they would not be a burden on them and they could retain their family honour. This approach would appear to strengthen the position of perpetrators since they feel they can rely on their actions going unpunished and unchallenged. The focus on reconciliation and mediation does not necessarily improve the position of woman within the home but rather puts them at further risk of violence. It was evident from our study that the limited choices available to women in order to survive meant that they usually had no option but to return home and accept the abuse.
5.4.3.1 Legal redress
From our interviews with service providers and women themselves it was clear that the legal redress most commonly sought by women is Khula (dissolution of marriage filed by a woman). In order to obtain Khula the woman has to show it is impossible for her to live with her husband because he has not fulfilled his marital duties under the sayings and practice of the Sunnah.
There was formerly no specific law dealing with domestic violence. There were existing offences in the Pakistan Penal Code 1860 (various types of assault) but they were seldom utilised by women for domestic violence complaints as domestic violence was not considered to be a crime.
Due to pressure from NGOs and women’s rights activists demanding protection for women fleeing violence the Family Law Courts Act 1964 was amended in 2002 by extending the jurisdiction of the Family Courts to offences of domestic violence. Family court judges have been given the powers to punish offences under the Pakistan Penal Code between spouses for acts of abetment and causing or intending to cause hurt, wrongful restraint or wrongful confinement. Words, gestures and acts intended to insult the modesty of a woman are also punishable.
It should be noted, however, that the amendment to the Family Law Court Act empowers the court to adjudicate these offences only between spouses and not between a woman and a man who is not her spouse. Furthermore, since this law only applies to a husband and wife it excludes the majority of women experiencing extreme acts of violence used against them perpetrated by other family members. Significantly, the court has the power to imprison and/or award compensation but no power to make a restraining order against the husband.
5.5 First information report
We will now examine the procedure for registering a crime, which helps explain both why there is an inevitable under-reporting of such crimes and also suggests why prosecution in cases of violence against women is so low. The First Information Report (FIR) is the first stage of registering a complaint of the commission of a crime, including domestic violence, with the local police station.
When the report is registered the police officer is legally bound to record it in the form of an FIR. When information of a ‘cognisable’ (arrestable) offence is given orally the officer writes it down and reads it back to the complainant who then has to sign or make a thumb mark on the document. The written information is then entered into a book kept by the officer. Anyone can report the commission of a “cognisable offence.”
A ‘non cognisable offence’ is referred to a local magistrate and the police have no power of arrest without a warrant for such a offence. Where there has been no injury or only minor injury it will be considered as a “non cognisable offence.”
The following can file can FIR:
1 An individual against whom the offence has been committed
2 A person who knows about the offence which has been committed or
3 A person who has seen the offence being committed

The police need not investigate a complaint where they consider it is not serious, or there are not enough grounds to investigate, or when their resources are already over-committed investigating more serious offences.
The police must record their reasons for not conducting the investigation and inform the complainant
5.5.1 Difference between a complaint and an FIR
A complaint is defined as an offence reported outside the police station. For example, if the complainant lives a few miles away from the police station and was on her way to register an FIR at the police station, but instead comes across a local police officer and decides to lodge the complaint there and then, the officer will write down the report and the statement and send it to the local police station to register the FIR formally with an allotted number. The FIR number will not be allocated unless the complaint is registered with the local police station and entered into the “roznamcha” (daily register kept at the police station).
Obtaining a FIR is crucial, as once the FIR is registered it sets the process of criminal investigation in motion.
The police have a duty upon receiving a report of domestic violence, rape or assault to immediately register a FIR with details of the crime contact a magistrate’s office to request a medico legal examination and accompany the complainant to the medico legal office for the examination. The police at this stage also have to investigate the crime and submit their evidence and results from the medico legal office to the Prosecutor. But, significantly, women we interviewed in Lahore, Karachi and Islamabad did not have their cases handled in this way. With the exception of a couple of cases where NGOs and the media had exposed the severity of the assaults the police failed to register FIRs.
In cases of domestic violence, it appears that the FIRs are only completed where there has been serious assault, as was explained by the following participants. The Deputy Superintendent of Police at the Women’s Police Station, Lahore stated:
“FIR is only registered if a woman is seriously assaulted – broken bones, chopped ear or other
serious physical injuries”
As we have noted, the FIR is a crucial stage of a crime being investigated but as the Inspector General of Sindh Police said:
“Practically speaking approval to register or not register a crime is to do with corruption.”
5.5.2 FIR and false allegations under hudood or kidnapping
Interviews with participants across the three regions, generated accounts about families who had registered false FIRs against women who had gone against their wishes as illustrated in the following cases, each based on the account of a women survivor interviewed for the study.
5.5.2.1 Case study: Azra
In this case the woman, from the Sunni sect, married a man of her choice. Her family disapproved of her husband because he was working class and from the Shia sect.
Azra was 25 years old from the Punjab and belonged to a wealthy landowning family. One of her brothers was a local councillor and a very influential man. Azra fell in love with a young man from her neighbourhood. When her family discovered her friendship they physically abused her and locked her in a room where she was tortured with electrical currents and denied food. Her brother had also threatened to kill her if she refused to end the relationship with her boyfriend. One day she managed to escape and sought shelter in a friend’s house. A few hours later her boyfriend arrived and made arrangements for the couple to get married secretly. Her family found out. The couple were forced to move several times because her brother had threatened to kill them both. Each time they moved they were traced and they finally ended up in Sindh. After a few weeks Azra’s family tracked her down. She was forced to flee from there without her husband because she was pregnant and wanted to be somewhere safe. She decided to return to a city in the Punjab. When she arrived at the railway station she was very distressed and a woman came up to her to find out what was wrong. Azra explained everything that had happened to her and the woman said she was from an NGO and she would take her to a safe place. She was brought to a refuge.
Azra discovered that her family had registered a case against her husband claiming that he had kidnapped her. They also claimed that Azra was previously married. Her brothers had put up a reward to have the couple killed.
Registering false cases against women is a method of pressurising them to return home. Such false accusations can also lead to imprisonment or death for the couple.
5.5.2.2 Case study: Ayesha
The following case study is an example of how false cases are registered against women through bribery of police officials.
Ayesha was 16 years old when she had to flee her home in Peshawar. She came from a very wealthy landowning family. She is the only daughter in the family. Both her father and brothers are educated but she was denied education. They all lived together as an extended family.
One day she was in a room with her mother, paternal uncle and his two sons when her paternal uncle announced she was to marry his 14 year old son who had mental disabilities. She refused. He was furious and started hitting her; he then went for his gun. Her mother panicked and told her to run away because she thought he would kill her.
She fled from the house. She had walked for hours before seeing a police station where she handed herself in for protection and made a statement registering an FIR against her uncle. The officer asked for her home phone number so that he could speak to her paternal uncle to try to effect reconciliation. She overheard her uncle offering the police officer three Lakhs (approx £3,000) to hand her over to him.
After the officer finished speaking to the uncle he told her to make a fresh statement, this time dictated by him. He threatened that if she did not she would spend the rest of her life in prison. She felt she had no choice but do as she was told. The officer then said she was being charged under the ‘Hudood Ordinance’ and detained her.
The following day she was brought before the court without any legal representation and after a conversation between the judge and the police officer she was sent to Swat jail. She spent one month at Swat jail and was then transferred to Peshawar Women’s Jail.
On arrival at court she was immediately taken to the judge’s room. Her family was waiting outside the court building fully armed. The judge said he was aware her life was in danger and said that in future he would visit her in jail. The judge did not take any action against her family who were carrying weapons. She still had to appear before him in court on two to three occasions, but he said he had to discharge himself from the case because of the threats from the family. Her lawyer also declined to continue acting for her for the same reason.
She spent two and a half years in jail without any legal representation because no one was willing to take her case on. During a visit by some High Court judges Ayesha told them that she had spent a long time in jail for an offence she had not committed and needed their help. Within one month the High Court dismissed the case registered against her. However she was not released but instead was informed she was to be transferred to Swat jail again because a second case of ‘Hudood’ had been registered by her uncle against her in Peshawar.
Three months later a different judge ordered her release. When her family heard about her release they threatened to kill the judge. The judge visited her in jail and said he had to sentence her to eight years because of the threats and intimidation from her family but he hinted that he would be framing the case in such a way that she would be able to secure her release because her family had a very weak case.
Arrangements were made to move her to Haripur jail. The first two attempts failed because her family had blockaded all the roads in an attempt to kill her. On the third attempt she was transferred in the middle of the night.
The superintendent at the jail advised her to appeal to the Shariat Court. After one month the court recommended that she be released. Her elder brother requested a meeting with her through the superintendent at the jail. He claimed he had tickets for Karachi where she would be safe and wanted her to accompany him. He assured her no harm would come to her and she agreed to leave with him. However she was warned by a prison officer that her family was waiting outside the jail planning to kill her. She chose to remain in jail too frightened to leave.
Almost five years later an ‘official-looking’ American woman visited the jail and interviewed her. She did not know who the American woman was; she said she would contact Aurat Foundation (an NGO) to assist her. Arrangements were eventually made for her departure from Peshawar under a new identity.
Although for the time being she has escaped the threat of being murdered, in her interview she reiterated that she still does not feel safe. She cannot leave the shelter in case she is traced by her family. Her family had previously said to her they would trace her in any part of Pakistan.
As can be seen in this case, wealthy and influential families not only threaten the women but can also use their power against state agencies to deny women protection from them.
While registering an FIR is an essential first step leading to investigating a crime, but for women in Pakistan accessing this process can implicate them in crimes they have not committed.
5.6 Police response and attitudes to domestic violence
The primary role of the police should be to protect victims of violence. However, there would appear to be reluctance on their part when it comes to processing complaints of domestic violence due in part to a desire to keep families together and due also to a lack of empathy to the plight of women who come to them for help, which borders.
The interviews we conducted with Pakistani police indicated that the emphasis and priority of police intervention was to keep families together. When a woman comes to report a crime of domestic violence she is advised to resolve the matter within the family and not through the courts. The reason given is that women have no means of supporting themselves and their children.
The Deputy Superintendent of Police at women’s Police station (Lahore) described the role of the police is to:
“…encourage reconciliation one hundred and one percent, because we do not want to break up
families. At the time of mediation or reconciliation if a man is being aggressive or non conciliatory
he will be asked to sign a statement confirming that he will not use violence or intimidation against
the woman with the penalty of a reprimand if he breaches his word” and she further added that
“Women have nowhere to go – what will they do if they leave their homes?”
A high ranking officer we interviewed said:
“Nothing is available for women – they cannot survive. Usually the women reconcile because they
cannot support the children or themselves.”
Another factor was bribery and the corruption of the police. This is discussed in the next section.
It was striking that every woman victim/survivor interviewed for the study claimed that incidents of physical or sexual assaults they had reported to the police were treated with cynicism or worse. The women claimed they experienced resistance from the police in reporting these crimes and so were denied access to justice. This view has also been confirmed by Amnesty International:
“…harassment, intimidation, physical abuse, and bribery of persons seeking the services of the police were common phenomena, indicating endemic corruption and a serious lack of accountability and professionalism in the police force” 162
162 AI Index ASA 33/013/1998
As illustrated above, participants emphasised how the priority for the police is to keep families together, which often has the effect of minimising reporting of crimes against women. The coordinator of War Against Rape in Karachi commented in her interview:
“It is viewed that these are private family matters and should be resolved within the family. If a woman goes to report an incident to the police they discourage her from reporting and she is told to deal with it privately. Families think men have a right to beat up their wives… The police are very negative and do not take the issue of domestic violence seriously. For example if a woman reports an incident the police will say ‘You must have done something wrong’, again the culture of blaming the woman.”
One very significant consequence of the under-reporting of domestic violence cases is that women leaving violent relationships have no confidence in the police. It would seem that the police refuse to take such women seriously even when there is evidence of physical injuries; they fail to take action as this example from the account of the Director at Dastak (shelter) indicates:
“We have a woman who has multiple fractures in her arm – it is plastered and when she was admitted she was advised to register an FIR but she declined. Three to four days later she decided to register the FIR but the police refused to register the assault and said it was too late – this is the attitude of the police.”
This police response and their failure to register an FIR from the victim who clearly had evidence of physical injuries are similar to other accounts we documented of the police response to domestic violence cases. In this case the shelter workers were involved in supporting the woman.
In cases of physical or sexual violence, it is the responsibility of the police to refer the woman to a medico legal office for examination, but the delay in registering an FIR and the fact that victims are often disbelieved, particularly in a rape case, delays the process of gathering forensic evidence for the legal proceeding the woman may wish to initiate.
Whilst there are clear protocols for registering the FIR, this does not appear to translate well into practice as is discussed next.
5.6.1 Bribery and corruption within the police force
All the participants in our study discussed bribery in the police force and how this impacted in very direct ways on women and the failure to prosecute in cases of domestic and sexual violence. The coordinator of one NGO highlighted some of the possible reasons for the levels of corruption within the police:
“Due to illiteracy [poor education] of police officers and the fact that it is a very low-paid career, the police take cases of domestic violence as a maximum money-making opportunity. They do not register cases (FIRs) properly against criminals.”
Both Government and NGO staff highlighted as a key problem the extent of bribery and corruption within the Police. As the Co-ordinator of War Against Rape commented:
“Bribery/Corruption is a major problem. The Police think the women will offer them money and they have even contacted victims to get money from them.”
The Superintendent at Dar ul Aman, Rawalpindi also stated that:
“If a woman goes to a police station but her family reaches there before her, the FIR will be
registered against her.”Moreover, the subordinate status of women generally and the discriminatory practices used against them inevitably makes them more vulnerable to being exploited due to their social circumstances. Most women approaching the police come from poor backgrounds and do not therefore have the economic power to influence any of the decision-making processes. For instance, they are not in a position to bribe a police officer at the first stage of registering a crime and as a result are often denied access to justice.
Many participants, both women and service providers, discussed how bribery and corruption is so prevalent in the police force that women are reluctant to report criminal offences. The Director of HRCP stated:
“The police are corrupt. Wealth can buy anything and women are not wealthy therefore the police will not get anything from them so why should they bother about them. It is all about economic power.”
The case below is indicative of the practices of bribery and corruption as told by the coordinator from Behbood-e-Niswan in Faisalabad.
“I was told a short while ago that the husband of the girl who was murdered last night has already bribed the police and the doctors. The doctor will probably say that she died of a heart attack. I come across such cases that I start crying myself. I wish I could do something but the sense of helplessness is painful.”
This was reinforced by the stated the coordinator at Aurat Foundation in Karachi:
“Women are afraid of reporting incidents of violence because if she does report it to the police the family will accuse her of being a bad woman and will have her arrested under the ‘Hudood Ordinance’ or she may become a victim of ‘Karo Kari.“
What emerged from the interviews was that the first consideration a woman has is not whether she should go to the police station to register the crime, but rather whether she has the resources to bribe the officer to register an FIR. Since women were aware of the practices adopted by the police, their accounts indicated that many assume it is a worthless exercise to seek their assistance if they are unable to bribe them. As a worker as Action Aid International commented:
“They [police] are very unfriendly and tend to be sympathetic with the man. The police don’t act because of their patriarchal attitudes and they are not well-trained or well paid. They are very under paid and therefore getting money is a matter of survival for them.”
It appeared from the interviews with participants that, unless women were in an economically strong position, they were unable to access protection from the police. And even then it might be that the estranged family’s influence and economic power would hold greater sway in determining proceedings.
5.6.2 Reporting physical and sexual assaults
In cases of physical and sexual assaults medical evidence is central to a criminal prosecution. As previously indicated, if there is evidence that a woman has sustained injuries to her body then the police have to respond by setting the procedures in motion, for example, immediately referring the woman to a medico legal officer and registering an FIR. Participants in the study highlighted how in practice, the police reluctance and lack of commitment to gather evidence expeditiously often results in the failure to prosecute the perpetrators of these crimes.
“Sexual assault victims are entirely dependent on the police for information about and access
to medico legal systems. Most victims are unaware of the urgency, critical importance, or even
existence of medico legal examinations.”163A further obstacle was identified in the interface between medical and police responses as described by the Coordinator of War Against Rape in Karachi:
“When a woman is raped she needs a medical examination but when she goes to the Medico Legal Officer (MLO) they will ask if an FIR has been registered and if it has not they will not examine her until such time as the FIR is registered. The delay often means the medical evidence is not available but according to required procedure of law the MLO could examine the victim and ask the police to come to them to register the FIR, but this does not happen.”
Throughout the fieldwork it became clear that the lack of police response and delays in registering FIRs in cases of rape and assaults against women prevented them from accessing the justice system. As the programme co-ordinator from CLAAS said:
“Police discriminate against rape victims – they do not take them seriously unless an NGO is involved
-that is if they have reached an NGO.”
163 AI Index: ASA 33/013/1998
Thus the state has a long way to go in addressing the lack of police intervention in crimes of violence against women and other shortcomings in the criminal justice system. Alongside wider structural change to enhance the position and status of women, it appears that training, gender sensitising and improving employment conditions of the police officers may be a way forward in persuading the police to prosecute cases of domestic violence.
5.6.3 Violence against women in custody
As the British Home Office report acknowledges, not only are women in Pakistan vulnerable to violence in the home but they may also be subjected to further violence when in custody of the police.
In July 2000 the government put forward measures to protect women who came into contact with the criminal justice system. The introduction of women’s police stations and prohibition of women from being detained after sunset were outlined, but not implemented. A participant from an NGO pointed out:
“There is a policy that women cannot be detained after Magrib (sunset) to avoid sexual assaults or
harassment – but it happens.”
It is hard to avoid drawing the conclusion from our interviews that the failure to implement any form of legislation to protect women is an indication of how ineffective and weak the infrastructure is within the criminal justice system.
The following shelter resident was interviewed as part of the study.
5.6.3.1 Case study: Noreen
Noreen is from Chakwal in Multan. She was from a poor background but married a wealthy man. Her husband was in the army. He decided to move to Karachi where his wife and children joined him.
One day in 2003 he failed to return home. His wife contacted her sister-in-law who turned up a couple of days later with her son and took Noreen and their children to their house. A few days later her nephew phoned the police. He arranged for the police to accompany him and Noreen to collect her valuables from her house. When they were at the house the police officer said that her husband’s body had been found (elsewhere) and he had been murdered. As they were leaving Noreen saw her nephew giving one of the officers one Lakh (approx. £1,000). The nephew immediately started accusing Noreen of murdering her husband and she was taken into police custody. Her nephew took her children. At the police station she was told she would have to sign a statement confirming she had murdered her husband and she was told that if she refused she would be beaten up. The female officer pulled her ‘purdah’ off and asked her colleagues to bring a baton and started slapping and beating her up. She said: ‘the Police don’t respect women and treat them badly – How can one woman behave so badly with another woman – the female police officers abuse women’
She was interrogated all day but did not admit to the crime. In the evening she was taken to the cell and the male officers slapped her and said: ‘You had better tell us how you murdered your husband or else we will rape you and use electric currents to torture you’. They also threatened to kill her, and her children.
She was taken to a women’s ‘thana’ (Police station). There she was beaten up by a female officer and was given no food or water for two days. She was then remanded in custody awaiting trial.
She made numerous appearances in court and made requests to see her children but nothing happened. Finally in July 2006 a retired judge paid her surety (occasionally retired professionals make these kinds of philanthropic gestures) and she was released on bail under the provisions of the Law Reforms Ordinance 2006. She had been in custody for three years.
Her children had been living with her sister-in-law and she had not seen them since she was arrested. She was missing them and wanted to be reunited with them. She had nowhere to go but was planning to contact her family in Multan to see if she could return to them and fight her case.
She said that she was innocent and believed her husband was murdered by his nephew so his family could inherit all the family land and properties.
This case highlights the following key issues:
False FIRs registered against women
Bribery and corruption within the police force
Female as well as male officers using abusive tactics against women suspects
The influence of wealth in obstructing women’s access to justice
Intimidation by the police including threats of rape and sexual assaults on women

5.7 Legal services: barriers to accessing lawyers
It is significant that all the service providers interviewed for this study claimed that they offered legal assistance to women fleeing domestic violence, but many of the victims we interviewed complained about the difficulties they had in accessing lawyers and legal aid. In some cases women said they had to raise funds themselves to proceed with their cases. Some of the NGOs we interviewed said they had limited funds and were therefore unable to take on large numbers of cases. A human rights activist interviewed for the study noted:
“Quite a few NGOs say they give free legal aid, but there are only about ten of those who actually
do, and they give a very small amount each.”
Many of the residents in shelters visited also expressed concerns at the difficulties in consulting lawyers and the non-attendance of lawyers at court hearings and regarding their cases. This would appear to offer clear indications that women with low or nil income encounter major barriers to accessing to justice unless they are somehow able to fund their cases or have NGOs supporting them.
5.8 Summary
In general the women survivors and users of services interviewed for this study (and the consistency and uniformity of opinion was striking) reported the government had failed to protect their human rights. The laws did not protect women against the different forms of violence used against them and men were able to kill women without fear of punishment.
The participants further emphasised that if women leave violent relationships they have no financial support, and unable to find work and therefore cannot live on their own. This economic dependency often forces women to return to violent relationships and reinforced their dependency on men. The alternatives are scarcely better – for example forced or voluntary prostitution.
The overwhelming view of women fleeing violent relationships is that they do not receive protection from the police largely because the police treat domestic violence as a ‘family matter’ and fail to register FIRs against the perpetrators.
Yasmin’s case
Yasmin is a young woman from a town in the Punjab. Her father is a gambler and a heavy drinker. Yasmin described her father as a violent, dominating and controlling man who has associations with men of ill repute across Pakistan. He has married a number of his daughters to older men in Pakistan. Yasmin and the family believe this is the way he has paid his gambling debts. Yasmin was facing a similar arrangement, a marriage to an older man, without her choice or consent. In order to delay the marriage, she travelled to the UK to visit one of her sisters who had settled in the UK. Her father had agreed to the visit as he was unaware of his daughter’s intentions to delay the marriage. The sister in the UK had managed to avoid such a marriage and instead had her marriage arranged by a different member of the family.
In the UK, a member of a family at a social function approached Yasmin and her sister. They had seen Yasmin and wanted to discuss the possibility of her marriage to their son. Yasmin agreed to the proposal and believed it was the solution to her problems. She believed this be a proper marriage, not a forced one.
A few months later the marriage ceremony was complete. She discovered during the first night that her husband was a drug addict and violent. He repeatedly raped her that night. In the short time she was in the marriage he repeatedly subjected her to other forms of physical, sexual and psychological violence. His family who were complicit in his abuse of her, kept her as a kind of ‘prisoner’ in the house.
A few weeks later, during the one occasion she had been left alone in the house, she called her sister. Her sister informed the police, who helped her to leave the family and the house.
Yasmin has been treated on and off for severe depression and has attempted suicide on a number of occasions. She was too scared to return to Pakistan and faced a forced marriage to an older man at the hands of her father.
She applied to the Home Office to remain in the UK under the terms of a domestic violence concession, (now part of the Immigration Rules). The Home Office rejected her application.
The judge rejected her appeal. Yasmin was unable to produce sufficient objective evidence of her husband’s violence, apart from a police record of their intervention, when they escorted her away from the husband’s family home and medical evidence in connection with her depression. On this occasion though the judge accepted she was telling the truth because of how she came across during the appeal. However the judge refused the case because only a person who had entered the UK with a spouse visa and whose marriage broke down because of domestic violence within the probationary 2 year period qualified to apply to stay in the UK.
Following a short recovery from a long spell of depression, Yasmin wrote to the Home Office to requesting asylum. The system for starting asylum claims had changed (but her then lawyer had not explained this to her) and the Home Office were no longer accepting ‘postal claims’. The Home Office rejected her letter.
She then went to Liverpool in person to lodge an asylum claim, as instructed by the Home Office. Against she was turned away. On this occasion, she was told that her record on their computer showed that she was already a British Citizen and therefore there was no need to claim asylum. It took extensive correspondence, over nearly a period of a year, between her then representatives, the Home Office, and the Home Secretary (at that time, David Blunkett) to correct the Home Office’s mistake.
She made a third attempt to lodge an asylum claim. Her claim provided a full and detailed history of her family experiences, the threat of being sold to an older man, her marriage in the UK and the ensuing violence, and her experiences of the confusion and delay caused by the immigration and asylum system. The asylum claim was rejected by the Home Office. During the Home Office interview, Yasmin was accused of distorting her account and of lying, in spite of formal Home Office and appeals records corroborating her account, all of which were made available to the Home Office’s interviewing officer.
Yasmin lodged an appeal. A few days before her appeal hearing, the Home Office conceded in her case and agreed to grant her full refugee protection. They finally accepted that her father was an agent of persecution, that there was no state protection for her anywhere in the country and that there was sufficient evidence that it would be ‘unduly harsh’ to expect Yasmin to internally relocate. However, it took Yasmin years of dealing with the Home Office’s accusations and disbelief, their bureaucracy and legal technicalities of the immigration and asylum system, with severe consequences for her physical and mental health.