Legal Perspective of Domestic Violence Against Women: A Case Study of District Mardan

Abstract

Domestic violence remains a pervasive yet underreported issue in Mardan, a district in Khyber Pakhtunkhwa, Pakistan, where socio-cultural norms, institutional failures, and weak law enforcement mechanisms contribute to the continued victimization of women. Despite the legal protections established under the Khyber Pakhtunkhwa Domestic Violence Against Women (Prevention and Protection) Act, 2021, survivors of domestic violence face significant barriers in accessing justice, including police inaction, judicial delays, gender biases, and economic dependency. This research provides a comprehensive analysis of the effectiveness of domestic violence laws in Mardan, examining the challenges in legal implementation, law enforcement inefficiencies, and the lack of survivor support services. Using qualitative research methods, including legal analysis, case studies, and interviews with key stakeholders (legal professionals, NGOs, and survivors), this study highlights how patriarchal social structures, honor-based violence, and the influence of informal justice systems (Jirgas and Panchayats) prevent survivors from seeking legal protection. The findings indicate that police frequently dismiss domestic violence cases as private matters, while courts often prioritize reconciliation over justice, leading to low conviction rates and continued cycles of abuse.