Last Change:
05/02/2025
Sindh Domestic Violence (Prevention and protection) Rules, 2016
Year: 2016
Type: Domestic law
Rights Category: Health, Liberty & security of person
Description
Rules to clarify procedures under the Domestic Violence (Prevention and Protection) Act, 2013. Passed by the Government of Sindh in exercise of the powers conferred by section 29 of the Domestic Violence (Prevention and Protection) Act, 2013 on 22nd March 2016.
Selected provisions
The duties of the Protection Officer are defined in section 22 of the Act:
(a) to make a domestic report to the Protection Committee, in such form and in such manner as may be prescribed, upon receipt of a complaint of domestic violence and forward copies thereof to the Protection Committee within the local limits of whose jurisdiction domestic violence is alleged to have seen committed and to the service providers in that area;
(b) to make an application in such form and in such manner as may be prescribed to the court, if the aggrieved person so desires, claiming relief for issuance of a protection order;
(c) to ensure that the aggrieved person is provided legal aid;
(d) to maintain a list of all service providers providing legal aid or counseling, shelter homes and medical facilities in a local area within the jurisdiction of the court;
(e) to make available a safe place of residence, if the aggrieved person so requires and forward a copy of his report of having lodged the aggrieved person in a shelter home to the Protection Committee;
(f) to get the aggrieved person medically examined, if he or she has sustained bodily injuries and forward a copy of the medical report to the Protection Committee, having jurisdiction in the area where the domestic violence is alleged to have been taken place;
(g) to ensure that the order for monetary relief under section 12 is compiled with and executed in accordance with the procedure prescribed; and
(h) to perform such other duties as may be prescribed.
(1) the role and responsibility of the Committee as identified by section 18 of the Act include:
(a) inform the aggrieved person of her or his rights provided under this Act or another law for the time being in force and the remedies and the help that may be provided;
(b) assist the aggrieved person in obtaining any medical treatment necessitated due to the domestic violence.
(c) if necessary, and with the consent of the aggrieved person, assist the aggrieved person in relocating to a safer place acceptance to the aggrieved person, which may include the house of any relative or family friend or other safe place or if any established by a service provider;
(d) assist the aggrieved person in the preparation of and filing of any petition or report under this Act, the Code or any other law for the time being in force.
(e) keep official record of the incidents of domestic violence in its area of jurisdiction, whether on the basis of information received or Suo moto inquiry, irrespective of whether or not action is record shall include—
(i) the first information received about the incident of domestic violence;
(ii) the assistance, if any, offered or provided by the Protection Committee to the aggrieved person;
(iii) where applicable the reason for not taking action under this Act when an incident was brought to the notice of the Protection Committee;
(iv) where applicable, the reason for the aggrieved person’s refusal to take assistance from the Protection Committee;
(v) the names and contact details of the service provider; if any, from whom the aggrieved person sought help;
(vi) maintenance of the record of applications, protection orders and the service providers operating in the area of jurisdiction; and
(vii) perform any other duties that may be assigned to the protection committee this Act or the rules made there under.
(1) A person from the list of available counselors forwarded by the protection Officer, shall be appointed as a Counselor, under intimation to the aggrieved person.
(2) The following persons shall not be eligible to be appointed as counselors in any proceedings, namely:—
(i) any person who in interested or connected with the subject matter of the dispute or is related to any one of the parties or to those who represent them unless such objection is waived by all the parties in writing.
(ii) any legal practitioner who has appeared for the respondent in the case or any other suit or proceedings connected therewith.
(3) The Counselors shall as far as possible be women.
(1) The Counselors shall work under the general supervision of the court or the Protection Officer or both.
(2) The Counselors shall convene a meeting at a place convenient to the aggrieved person or both the parties.
(3) The factors warranting counseling shall include the factor that the respondent shall furnish an undertaking that he would refrain from causing such domestic violence as complained by the aggrieved person and in appropriate cases an undertaking that he will not try to meet, or communicate in any manner though letter or telephone, electronic mail or through any medium except in the counseling proceedings before the counselor or as permissibly by law or order of a court of competent jurisdiction.
(4) The Counselor shall conduct the counseling proceedings bearing in mind that the counseling shall be in the nature of getting an assurance, that the incidence of domestic violence shall not get repeated.
(5) The respondent shall not be allowed to plead any counter justification for the alleged act of domestic violence in counseling and the fact that any such justification for the act of domestic violence by the respondent is not allowed to be a part of the Counseling proceeding should be made known to the respondent before the proceedings begin.
(6) The respondent shall furnish an undertaking to the Counselor that he would refrain from causing such domestic violence as complained by the aggrieved person and in appropriate cases an undertaking that he will not try to meet, or communicate in any manner through letter or telephone, e-mail or through any other medium except in the counseling proceedings before the Counselor.
(7) If the aggrieved person so desires, the Counselor shall make efforts of arriving at a settlement the manner.
(8) The limited scope of the efforts of the Counselor shall be to arrive at the understanding of the grievances of the aggrieved person and the best possible redressal of her or his grievances and the efforts shall be to focus on evolving remedies or measures for such redressal.
(9) The counselor shall strive to arrive at a settlement of a dispute by suggesting measures for redressal of grievances of the aggrieved person by taking into accounts the measures or remedies suggested by the parties for counseling and reformulating the terms for the settlement, wherever required.
(10) The counselor shall not be bound by the provisions of the Law of evidence, 1984 or the Code of Civil Procedure, 1908 or the Code of Criminal Procedure, 1898, and his or her action shall be guided by the principles of fairness and justice and aimed at finding way to bring an end domestic violence to the satisfaction of the aggrieved person and in making such an effort the counselor shall give due regard to the wishes and sensibilities of the aggrieved person.
(11) The Counselor shall submit his or her report to the Magistrate as expeditiously as possible for appropriate action.
(12) In the event the Counselor arrives at resolution of the dispute, she or he shall record the terms of settlement and get the same endorsed by the parties.
(13) The court may, on being satisfied about the efficacy of the solution and after making a preliminary inquiry from the parties and after, recording reasons for such satisfaction, which may include undertaking by the respondents to refrain from repeating acts of domestic violence, admitted to have been committed by the respondents, accept the terms with or without conditions.
(14) The court shall, on being so satisfied with the report of counseling, pass an order, recording the terms of the settlement or an order modifying the terms of the settlement on being so requested by the aggrieved person, with the informed and voluntary consent of the parties.
(15) In cases, where a settlement cannot be arrived at in the counseling proceedings, the Counselor shall report the failure of such proceedings to the court and the court shall proceed with the case in accordance with the provisions of the Act.
(16) The record of proceedings shall not be deemed to be material on record in the case on the basis of which any inference may be drawn or an order may be passed solely based on it.
(17) The court shall pass an order, only after being satisfied that the application for such an order is not vitiated by force, fraud or coercion or any other factor and the reasons for such satisfaction shall be recorded in writing in the order, which may include any undertaking or surety given by the respondent.
(1) on a request being made by the aggrieved person, the Protection Officer or a service provider may make a request to the person in charge of a shelter home in writing.
(2) When a Protection Officer makes a request referred to in sub-section (1), it shall be accompanied by a copy of the domestic incident report registered by the Protection Officer:
Provided that shelter home shall not refuse shelter to an aggrieved person under the Act, for her not having lodged a domestic incident report, prior to the making of request for shelter in the shelter home.
(3) If the aggrieved person so desires, the shelter home shall not disclose the identity of the aggrieved person in the shelter home or communicate the same to the person complained against.
(1) The aggrieved person or the Protection Officer or the service provider may make a request to a person in charge of a medical facility in writing.
(2) When a Protection Officer makes such a request, it shall be accompanied by a copy of the domestic incident report:
Provided that the medical facility shall not refuse medical assistance to an aggrieved person under the Act, for her not having lodged a domestic incident report, prior to making a request for medical assistance or examination to the medical facility.
(3) If no domestic incident report has been made, the person-in-charge of the medical facility shall make a domestic incident report and forward the same to the local protection officer.
(4) The medical facility shall supply a copy of the medical examination report to the aggrieved person free of cost.