The key is in proper execution of the law

We welcome the government’s recent approval of two draft ordinances aimed at preventing violence against women (VAW) in homes, public spaces, and institutions, as well as ensuring justice for survivors. The Workplace and Educational Institutions Sexual Harassment Prevention Ordinance, 2026 defines sexual harassment broadly to include all forms of unwanted and degrading physical, verbal, and non-verbal conduct. Sexual harassment perpetrated through social media, email, messaging platforms, and other digital technologies has also been brought under the purview of the ordinance. Moreover, workplaces and educational institutions will be required to set up an Internal Complaint Committee (ICC) to receive and investigate complaints, ensure the complainant’s safety during inquiries, and recommend appropriate disciplinary action. Penalties range from formal reprimand and demotion to termination of employment (or expulsion in the case of educational institutions).

Meanwhile, the Domestic Violence Prevention Ordinance, 2026—which will replace the Domestic Violence (Prevention and Protection) Act, 2010—aims to protect women and children from domestic abuse, ensure speedy trials, and establish survivor-centric remedies. Commendably, the ordinance broadens the scopes of the definitions of domestic violence including physical and psychological abuse, sexual abuse, as well as economic abuse.

While these new ordinances provide a stronger legal foundation for addressing gender-based violence and violence against children, their effectiveness will ultimately depend on how well they are implemented. Past experience in this regard is not reassuring. It is worth recalling that enforcement of the High Court’s 2009 guidelines on sexual harassment prevention was largely disappointing, particularly as no comprehensive law was enacted on the basis of those directives even 15 years later. Where committees were formed under the guidelines, they were often hastily constituted, incomplete, or ineffective in delivering justice. We, therefore, hope that the requirement to form ICCs under the new ordinance will be taken seriously and implemented in both letter and spirit, without delay.

The historical and ongoing challenges of enforcing preventive laws against sexual harassment and domestic violence must be carefully considered by all stakeholders tasked with implementing these ordinances. While the explicit recognition of online abuse is welcome, it also necessitates stronger coordination between the government and digital platforms, many of which fail to cooperate well with countries outside the Global North, despite having large user bases in the Global South.

Too often, it is not the absence of laws but the failure to apply them properly that allows violence against women and children to persist with impunity. The government and relevant institutions, both private and public, must acknowledge this reality and work proactively to address it. Most importantly, once parliament resumes after the upcoming election, the next elected government must ensure that these ordinances are enacted into full-fledged laws without delay.