SC stresses need for gender-sensitive investigations, court proceedings in domestic violence cases

The Supreme Court has emphasized the necessity of implementing gender-sensitive investigations and court proceedings in domestic violence cases. Justice Muhammad Hashim Khan Kakar, who authored the ruling in the case of domestic homicide, stated that provincial governments must ensure police officers receive appropriate training to recognize and overcome gender and patriarchal biases.

The court highlighted the importance of overcoming gender biases to extract the truth in cases where the doors may close upon the evidence, preventing the truth from being revealed. In domestic homicide cases, the tragedy is not only that a woman may be killed but that the doors may close upon the truth as well. The court emphasized that law enforcement agencies must adopt a genuinely gender-sensitive approach to investigation, ensuring that every available piece of evidence is duly identified, preserved, and brought on record.

The privacy of the matrimonial home should not be used as a shield to evade accountability, and if any negligence occurs, the investigating officers must be held responsible. The court noted that certain offences, such as domestic violence and crimes committed inside the home, are difficult to prove due to the closed environment and the presence of close relatives, including the perpetrator.

These crimes often go unpunished if dealt with under traditional criminal procedure and conventional evidentiary standards. The judgment also expressed concern over the disturbing trend where perpetrators attempt to assassinate the victim's character to justify the crime or portray it as not a crime at all. This reflects a deeply rooted patriarchal mindset that views a woman's life, choices, and dignity as having lesser value, seeking to blame the victim rather than confront their own criminal conduct.