Laws for the Protection of Women in Punjab

1. Punjab Women Protection Authority Act, 2017

2. Punjab Protection of Women against Violence Act, 2016
3. Punjab Muslim Family Laws (Amendment) Act, 2015
4. Punjab Family Courts (Amendment) Act, 2015
5. Punjab Marriage Restraint (Amendment) Act, 2015
6. Punjab Partition of Immovable Property (Amendment) Act, 2015
7. The Punjab Land Revenue (Amendment) Act 2015
8. Punjab Fair Representation of Women Act, 2014
9. The Punjab Protection against Harassment of Women at the Workplace (Amendment) Act, 2012

Constitutional Rights of Women

Article 25 (1) and (2)
25 (1) declares all citizens to be equal before law and entitled to equal protection of law and
25 (2) states that there shall be no discrimination on the basis of sex alone.
Article 25 (3)
Allows the State to create special laws and rules for specific issues facing women and children,
which are being ignored.
Article 34
Ensures full participation of women in all spheres of national life.
18th Amendment
Devolves most social issues to provinces and gives them responsibility for legislation and initiatives
regarding those women’s rights issues that fall within the purview of provinces. 18th Amendment has
increased resources to provinces to work on women's empowerment.

1. Punjab Women Protection Authority Act, 2017

The Punjab Women Protection Authority Act provides for a comprehensive system of protection,
relief & rehabilitation of female victims of violence. The core objective of setting up this Authority is to
facilitate, ensure and oversee the implementation institutional measures stipulated under the Punjab
Protection of Women against Violence Act 2016, including, establishment of District Women
Protection Committees, Violence against Women Centers and Women Protection Officers.
Furthermore, the Act institutionalizes periodic sensitization of public servants on women-related
issues.

10. 2. Punjab Protection of Women against Violence Act, 2016

The Punjab Protection of Women against Violence Act aims to protect women from domestic,
sexual, psychological and economic abuse, stalking and cyber crimes, perpetrated by their
husband(s), sibling(s), adopted children, relatives and domestic employers.
  Victims of domestic violence can approach a Court themselves, or through the Women
Protection Officers, to obtain Interim, Protection, Residence or Monetary Orders to prevent
further violence, retain the right to reside in the marital home, and obtain maintenance from
the accused. The period of validity of an Order will be defined by the Court.
 Interim Orders can be passed by the Court at any stage of proceedings under this Act.
Terms of an Interim Order can include protection, right of residence and monetary benefits
for the victim, while trial is pending or ongoing.
 Protection Orders order the accused not to have any communication and stay a specific
distance away from the victim, surrender any firearms, and refrain from attempting to cause
harm to her.
 Residence Orders can be passed by the Court to ensure that the accused or members of his
family do not evict the victim from her marital home. If the victim wishes, she can be
relocated to the dar-ul-aman or other location of her preference, if she fears violence from
the accused person or his family.
 Monetary Orders direct the accused person to pay monetary relief to the victim to meet
expenses incurred by her due to, e.g. loss of earning, medical expenses and any other harm
suffered. Monetary Orders can also include maintenance for a specified period of time.
 Violation of the terms of any Order mentioned above can result in imprisonment of up to 1
year, or fine ranging from Rs. 50,000 to Rs. 200,000.
 The Act provides for setting up Violence against Women Centres, which will provide all
essential services to ensure speedy reporting of crimes, registration of cases, timely medical
examinations, and collection of forensic and other evidence. Services provided for survivors
of violence include counselling, medical care, legal aid, coordination with local law
enforcement agencies, and temporary shelter at dar-ul-aman.
 Women Protection Officers, the District Women Protection Officer, and District Women
Protection Committees are authorized to take notice of cases of violence, collaborate with
police to investigate allegations, rescue victims from their residence, make arrangements to
protect victims, supervise the working of the Protection Centre and shelter home, and
implement and monitor the protection system in the district.
 Obstructing the work of a Woman Protection Officer is punishable with imprisonment of up to
6 months and fine of up to Rs. 500,000 or both.

3. Punjab Muslim Family Laws (Amendment) Act, 2015

Provincial Assembly of Punjab amended the Muslim Family Laws Ordinance 1961 (MFLO) in 2015,
to include some important provisions for the protection of women.

 Registration of marriages by licensed nikah Registrars has been made compulsory, while
marriages not solemnized by a licensed nikah Registrar can be reported and the person
responsible punished with imprisonment of up to 3 months and fine of up to Rs. 1000/-.
 Nikah Registrars are bound to accurately fill all columns of the nikahnama. Failure to fill all
columns will result in fine of Rs. 25,000 and imprisonment of 1 month.
 Succession: if the son/daughter of a deceased person dies before opening of succession,
the children of the son/daughter (if they are living) shall receive their parent’s share as
inheritance.
 Polygamy: No married man can remarry if he does not have permission from the Arbitration
Council (a body which is headed by the Chairman, Union Council, for the purposes of
divorce). A marriage contracted without permission cannot be registered, and carries a
penalty of Rs. 500,000 and imprisonment of up to 1 year, along with payment of entire dower
(if it was not given at the time of nikah) to the existing wife/wives.
  Upon receiving an Application for permission, the Arbitration Council will obtain permission
from the existing wife/wives’ before granting the Applicant permission to remarry. If the
Chairman Arbitration Council does not take permission from the existing wife, he will be
liable to a fine of Rs. 100,000 and imprisonment of 3 months.
 Divorce (talaq): any man who wishes to divorce his wife must write an Application to the
Chairman Union Council. If the man does not do so, divorce cannot be final, and he can face
imprisonment of up to 1 year, along with a fine of up to Rs. 5000.
 Divorce will be effective after 90 days have passed from the day on which the notice was first
presented to the Chairman. Before expiry of 90 days, divorce can be revoked by the
husband. In case the wife is pregnant at the time of pronouncement of talaq, talaq will not be
effective until expiry of 90 days or end of pregnancy, whichever period ends later.
 If the husband has delegated the right to divorce to the wife (haq-e-tafveez), she can divorce
her husband according to the procedure mentioned above. Before expiry of 90 days, divorce
can be revoked by the wife.
 Maintenance: if a husband does not maintain his wife, or wives, his wife/wives can make an
application to the Chairman Union Council, who will determine an appropriate amount of
maintenance to be given to the wife/wives, and issue a certificate specifying this amount, and
a date on which it has to be given by the husband every month.
 Maintenance Certificates can also be issued by the Chairman Union Council if a father fails
to maintain his children.

4. Punjab Family Courts (Amendment) Act, 2015

 Women can now retain up to 50% of their dower in case of khula, which they were previously
bound to return if they apply for khula (divorce by Judicial Order).
 Family Courts can now deal with matters of personal property, belongings of the wife and
child, and other matters arising out of the Nikahnama.
 Family courts have been granted the power to pass interim orders for maintenance, and
obtain evidence of income and assets from the employer of the husband.
 The Family Judge can take notice of an offence under the MFLO and the Punjab Marriage
Restraint (Amendment) Act, 2015, and summon parties to Court.

5. Punjab Marriage Restraint (Amendment) Act, 2015

Under the Punjab Marriage Restraint Act, any adult who marries a child, defined as a boy under 18
years and a girl under 16 years of age, can be punished with imprisonment of up to 6 months and a
fine of Rs. 50,000. The same punishment will apply to a Nikah Registrar who solemnizes or
conducts a marriage between two children, or a marriage of an adult with a child.

 Additionally, parents or guardians of either party will be punished if they facilitate or organize
the marriage of a minor (anyone under the age of 18) or a child. Parents and/or guardians
will be punished with imprisonment of up to 6 months and fine of Rs. 50,000.
 A Complainant who wishes to report a case of child marriage will need to submit a complaint
to the Union Council. The Chairman Union Council will then report the case to the Family
Court, which will punish the accused person according to the penalties mentioned above.
 The Court can forbid any party from solemnizing, facilitating or organizing a child marriage
through an Injunction (a Court Order preventing child marriage). This includes the groom,
parents or guardians, nikah Registrars and any other person involved. Violation of an
injunction is punishable with imprisonment of up to 3 months and fine of Rs. 1000.

6. Punjab Partition of Immovable Property (Amendment) Act, 2015

Punjab Partition of Immovable Property (Amendment) Act 2015 omits the subsection (3) in section 9 of the
Punjab Partition of Immovable Property Act 2012 (Act IV of 2013):
Section 9. Appointment of referee for partition
(3) Notwithstanding anything in subsection(1) but subject to subsection(2), the Court may, on an
application of one or more co-owners who desires his or their shares in the immovable property
partitioned, appoint a referee who shall determine whether such share or shares is partible and if so,
he shall propose partition of the property to that extent.
This subsection provided for appointment of a referee for partition of the joint property at the request
of one of the co-owners in suit for partition of an immovable property. In the new Act, the provision has
been omitted so as to ensure that the referee may only be appointed in event of consent of all the co-
owners. This will ensure early disposal of partition cases.
Together with the Punjab Land Revenue (Amendment) Act 2015, this amendment ensures that
partition cases will curtail litigation delays and discrimination to women.

7. Punjab Land Revenue Amendment Act 2015

Punjab Land Revenue (Amendment) Act 2015 amends Sections 24 and 141 of the Land Revenue
(Amendment) Act 2012:
Section 24. Mode of service of summons.
(1) A summons issued by a Revenue Officer shall, if practicable, be served (a) personally on the
person to whom it is addressed or, failing him, (b) on his authorised agent or (c) an adult male
member of his family usually residing with him.
(4) A summons may, if the Revenue Officer so directs be served on the person named therein,
either in addition to, or in substitution for, any other mode of service by forwarding the summons by
registered post to the person concerned.
(5) When a summons is forwarded as aforesaid, the Revenue Officer may presume that the
summons was served at the time when the letter would be delivered in the ordinary course of post.
In clause (c), “adult male” has been changed to “adult”. In subsections (4) and (5), changes have
been made to allow for electronic means of communication.
Section 141. Disposal of questions as to title in the property to be divided.
(1) If a question of title in the holding is raised in the partition proceedings, the Revenue Officer shall
inquire into the substance of such question.
(2) If as a result of the inquiry, the Revenue Officer is of the opinion that the question of title raised
in a partition proceedings–
(a) is well founded, he may, for reasons to be recorded, require a party specified by him to file a suit
in the competent court, within such period not exceeding thirty days from the date of his order, for
obtaining a decision regarding the question; or
(b) is not well founded, he shall proceed with the partition of the holding.
(3) In case the suit is filed under subsection (2), the Revenue Officer shall suspend further action on
the partition proceedings till the decision of the suit and submission before him the order or decree of
the Court.
(4) In case the suit is not filed within the specified period, the Revenue Officer shall proceed to
decide the question of title and on that basis, the partition of the holding.
(5) Where the Revenue Officer himself proceeds to determine the question, the following rules shall
apply, namely:- (a)…(e).
This section has been substituted with the following:
“141. Question of title of holding – If a question of title in the holding is raised in the partition
proceedings, the Revenue Officer shall inquire into the substance of such question and decide the
matter after hearing the parties”.
The succeeding subsections (2) to (5) have been done away with, as the parties concerned are no
longer required to file suit.
Together with the Punjab Land Revenue (Amendment) Act 2015, this amendment ensures that the
litigation is facilitated and conducted without discrimination to women. The Revenue Officer is now
required by law to decide the question of the partition of the property himself after the Inheritance
Mutation (Intiqal), instead of requiring a party to file civil suit. This will curtail the practice of making
women give up their land ownership in favour of the male heirs. A further change allows the
inclusion of using electronic means and devices as valid modes of serving the summons.

8. Punjab Fair Representation of Women Act, 2014

Punjab Fair Representation of Women Act 2014 amended Statutes for 66 public bodies, to increase
representation of women to a minimum of 33% in each body. The Act was monumental and the first
of its kind in increasing representation of women on governance positions in the public sector.

9. The
Punjab Protection against Harassment of Women at the Workplace
(Amendment) Act, 2012
The Punjab Protection against Harassment of Women at the Workplace Act (the Act) was passed in
2012 to prevent harassment of women at the workplace and encourage reporting of cases of
harassment, through the Ombudsperson’s office and Inquiry Committees.

 Under the Act, all Provincial and District Government bodies and authorities, including
educational institutes and medical facilities, must constitute Inquiry Committees for
harassment at the workplace and display the Code of Conduct for Protection of Women from
Harassment at the Workplace in their office premises.
 A Complainant has the option to submit a complaint to the Inquiry Committee, or the
Ombudsperson.
 The Inquiry Committee will inform the accused person that he has been accused of
harassment within 3 days of receiving a complaint. If the accused fails to submit his defence
within 7 days, the Committee will decide the matter without the accused person.
 Under the Act, the Ombudsperson has the power of a Civil Court, and can summon the
accused, examine him on oath, receive evidence on Affidavits, and enter office premises for
the purpose of inspection or investigation.
 The Inquiry Committee or the Ombudsperson can decide the case and penalize the accused
for harassment, as outlined in section 4 of the Act.