Information on protection offered to abused women and on whether they can file for legal separation [PAK15254]

According to the US Department of State's Country Reports on Human Rights Practices for 1992, abuse of women in the family is usually considered a private matter in Pakistan, and abused women rarely seek recourse through the justice system (Feb. 1993, 1171). There are reports that the authorities are unresponsive and even sometimes involved in incidents of rape and abuse incidents (Ibid.).According to Women's Movements of the World, the Hadood (Islamic Punishments) Ordinance does not make any distinction between rape and adultery (1988, 211). Women rarely report rape to the authorities, and those who do must back their case with the testimony of four adult male witnesses (Ibid.). For further information on recourse for Pakistan women against abuse and sexual assault, please refer to pages 70-72 of the attached section of an 1992 Human Rights Watch report entitled Double Jeopardy: Police Abuse of Women in Pakistan.

In order to obtain divorce, Muslim women in Pakistan must petition the courts on the grounds of husband's impotence, insecurity and battery (Women's Movements of the World 1988, 211). However, a couple must first go through a process of arbitration and conciliation before their divorce is granted (Ibid.). Since 1992, a husband is no longer required to give written notice of a divorce to the local union council (Country Reports 1992 1992, 1170). As a result, women may be unable to obtain written proof of their divorce and could be placed in a vulnerable situation (Ibid.). For instance, a woman getting remarried after a divorce could face adultery charges if her former husband denies the divorce (Ibid.). For further information on the difficulties women encounter in trying to obtain a divorce in Pakistan, please consult pages 62-66 of the attached sections of the Human Rights Watch report.

This response was prepared after researching publicly accessible information currently available to the DIRB within time constraints. This response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.

References


Country Reports on Human Rights Practices for 1992. 1993. United States Department of State. Washington, DC: United States Government Printing Office.

Human Rights Watch. 1992. Double Jeopardy: Police Abuse of Women in Pakistan. New York: HRW.

Women's Movements of the World. 1988. Sally Shreir, ed. Burnt Mill, Essex: Longman Group UK.

Attachments

Human Rights Watch. 1992. Double Jeopardy: Police Abuse of Women in Pakistan. New York: HRW, pp. 41-68.

Women's Movements of the World. 1988. Sally Shreir, ed. Burnt Mill, Essex: Longman Group UK, pp. 210-12.