Last Change:
05/02/2025
Khyber Pakhtunkhwa Domestic Violence Against Women Act, 2021
Year: 2021
Type: Domestic law
Rights Category: Health, Liberty & security of person
Description
An Act to curb the menace of Domestic Violence against Women in the Province of Khyber Pakhtunkhwa.
Selected provisions
(1) The District Protection Committee shall—
(a) aware the community at grass root level of their rights provided under this Act;
(b) assist the complainant in obtaining any medical treatment necessitated due to the domestic violence;
(c) assist the complainant in relocating to a safer place acceptable to the complainant, which may include a Shelter Home established by Government or any other safe place; and
(d) keep official record in respect of the incidents of domestic violence in its area of jurisdiction on the basis of information received, irrespective of the action taken under this Act and such records shall include—
(i) the first information received about the incident of domestic violence;
(ii) the assistance, if any provided by the District Protection Committee to the complainant;
(iii) where applicable the reason for not taking action under this Act when an incident was brought to the notice of the District Protection Committee;
(iv) maintain the record of applications received from the complainant or his guardian and protection order issued by the Court; and
(v) perform such other functions that may be assigned to the District Protection Committee under this Act or rules made thereunder.
(2) The District Protection Committee may delegate any of its power and function to any of its member.
The Secretary of the District Protection Committee shall perform the following functions, namely:
(a) to report any domestic violence to the District Protection Committee;
(b) to make an application on the recommendations of the District Protection Committee to the Court, with consent of complainant, claiming relief for issuance of a protection order;
(c) to ensure that the complainant is provided legal aid;
(d) to maintain a list of all services providers providing legal aid or counseling, shelter homes and medical facilities in a local area within the jurisdiction of the Court. Where the service providers are not available in the respective local area, a list of service providers from the nearest Districts shall be maintained;
(e) to make available a safe place of residence, if the complainant so requires, and forward his lodging report in a shelter home to the District Protection Committee;
(f) forward a copy of the medical examination report of the complainant to the District Protection Committee;
(g) to ensure that the order for monetary relief under this Act is complied with and executed in accordance with the procedure prescribed by rules; and
(h) to perform such other duties as may be assigned by the District Protection Committee.
A service provider shall—
(a) record the domestic violence incident in a prescribed form with the consent of complainant and forward a copy thereof, to the District Protection Committee;
(b) get the complainant medically examined and forward a copy of the medical examination report thereof, to the Secretary; and
(c) ensure that the complainant is provided shelter in a safe place of residence, if he/she so requires and forward a report of his/her lodging in a safe place of residence to the Secretary of the District Protection Committee.
(1) The Government shall—
(a) establish a toll-free help line for reporting of the domestic violence incidents;
(b) establish Shelter Homes in a phased manner;
(c) Government through Department shall ensure that this Act receive wide publicity through electronic and print media in Urdu and local languages;
(d) ensure that right available to women in Islam are widely publicized for awareness and visible efforts are made for their implementation and enforcement as well;
(e) hold periodic sensitization and awareness trainings on domestic violence issues to Government officers, Police and other public servants;
(f) make arrangements for psychological counseling of the complainee or complainant;
(g) take other necessary measures to accomplish the objective of this Act; and
(h) Government shall ensure that District Protection Committees receive necessary wherewithal to perform their functions.
(2) The Shelter Homes already established by Government shall deem to be established under this Act.