Legal Failures and Social Realities: Why Domestic Violence Persists Despite Statutory Protections in Pakistan’s Legal System

Abstract

Although in Pakistan statutory safeguards against domestic violence are gathering momentum in federal and provincial acts in Islamabad capital territory (ICT), Sindh, Baluchistan, Punjab and Khyber Pakhtunkhwa (KP) they still remain common and unreported. The data of national surveys indicate that approximately 1 out of 3 married women have witnessed some type of spousal violence with conviction rates to gender-based violence cases being as small as 1-2.5 per cent. (HRCP 2024). The article uses a socio-legal approach to analyze how domestic violence has remained a constant problem in Pakistan under this seemingly protective legal system. It creates its argument based on statutory analysis, data on survey as well as reports by the Pakistani and international human rights organization that the entire issue is not provided in the law daily but through failures in implementation, strong-seated patriarchal system, and a two-tier system of justice, as well as structural hindrances of access to justice. The article ends with recommendations that should be taken to bring the legal commitments of Pakistan into close with reality on-the-ground measures, institutional reforms, survivor-based procedures, investing in shelters and legal aid, and changing social norms by education and media.