Daanika Kamal, "Domestic Violence in Pakistan: The Legal Construction of 'Bad' and 'Mad' Women" (Oxford UP, 2025)

Jul 3, 2025

Daanika Kamal, a Lecturer in Law at Royal Holloway University of London, explores the legal realities of domestic violence in Pakistan. She reveals how women’s claims are undermined by derogatory labels like 'bad' or 'mad,' complicating their pursuit of justice. Kamal examines the labeling tactics used in court that discredit victims, the challenges faced with paternalistic law enforcement, and the complexities within legal frameworks. She also discusses ongoing initiatives aimed at enhancing gender justice, emphasizing the crucial need for reforms in understanding women's experiences.

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ANECDOTE

Example Of 'Mad' And 'Bad' Labels

A case showed a husband denying abuse by labeling his ex-wife mad and bad to seek custody.
The court response ignored abuse allegations and focused instead on mental stability and morality claims.

INSIGHT

Police Practices Hinder Justice

Policing in Pakistan treats domestic abuse cases paternalistically, pushing women towards reconciliation.
Women face barriers like need for male guardians and lack of female medical officers, causing many to drop complaints.

INSIGHT

Victims Prefer 'Victim' Label

Many women victims prefer the label 'victim' over 'survivor' as it acknowledges harm without negative connotations.
'Survivor' may imply they should be grateful for survival and minimize the abuse experienced.

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Pakistani women are increasingly pursuing legal avenues against acts of domestic violence. Their claims, however, are often dismissed through character allegations that label them as 'bad' women in need of control, or 'mad' women not to be trusted. Domestic Violence in Pakistan: The Legal Construction of 'Bad' and 'Mad' Women (Oxford University Press, 2025) by Dr. Daanika Kamal explores why the subjectivities of women victims are constructed in particular ways, and how these subjectivities are captured and negotiated in the Pakistani legal system.
Drawing on feminist poststructuralist accounts relating to the use of gendering strategies in institutional and disciplinary settings and based on an analysis of over a hundred case files and judgements, seventy-two interviews, and court observations in three cities of Pakistan, this book shadows the experiences of women victims of domestic violence in both criminal law and family law proceedings. It captures and offers empirical insights in relation to gendered subject formation in discursive spaces; ranging from the use of societal narratives that minimise and silence women's harms, to the deployment of police mechanisms that assist in maintaining the 'secrecy' of familial violence, and the application and enactment of boilerplate lawyerly strategies to present alternative legal 'truths.'
Amidst regulations of the public versus the private and understandings of rights versus duties, Domestic Violence in Pakistan explores how these practices construct the victim-subject of domestic violence in a way that not only subjectivise her, but also secure her within the field of that subjectification; setting her up to be viewed by the judiciary through the lens of the allegations applied to her.

This interview was conducted by Dr. Miranda Melcher whose book focuses on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars. You can find Miranda’s interviews on New Books with Miranda Melcher, wherever you get your podcasts.

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