The myth that women are inferior has greatly influenced the
status of women resulting in discrimination against them in all fields around
the globe. So much so that they are denied their basic rights enshrined in the
constitutions and laws of their respective countries. Human rights violations
continue to slip under the radar, sometimes due to of the lack of willingness
on the part of states or to protect traditional allies in international system,
therefore, many states violating human rights get away scot free. In other cases, though many states legally
accept gender equality, the citizen may not see it as natural or relevant to
their own lives.
The world’s leading religious communities are increasingly
embracing the principle of human right and women’s rights in particular.
However, it is contested that religious conservatives - Western and Muslim - along
with traditionalists share the blame for mistreatment of women across the
world. Human rights are found and rooted in religious thought and traditions
and indicate international human rights languages.
International human rights organizations at many points of
time have endorsed human rights and gender equality in various Declarations and
Conventions. These universal rights are embedded in the UDHR - 1948 (Universal
Declaration of Human Rights) and were reiterated in the Vienna Declaration and
Program of Action - 1993, adopted by the World Conference on Human Rights.
CEDAW - 1979 (Convention on the Elimination of All Forms of Discrimination
against Women) - often described as an ‘international bill of rights for women’
- defines what constitute discrimination against women and confirmed that
women’s rights are human rights. It binds the states in protecting the rights
of women and expects national action to end such discrimination. CEDAW has been
ratified by 180 states, Pakistan, being one among them.
Therefore, the responsibility of protecting and promoting the
social, cultural, economic, civil and political rights of its citizens is
expected to be fulfilled by the state. And it is then the state that human
rights advocates hold responsible for violation of rights, even by private
individuals.
The efforts made by UDHR and CEDAW have been challenged in
many quarters of the Muslim world and were considered to be against the teachings
of Quran and Sunnah. The fact however is, that Islam preaches a high place in
society for women and provides them with numerous safeguards for their rights. It
is mentioned at various places in the Quran:
“ . . . and speak to them words of
appropriate kindness.” 4:5
In another surah it is mentioned:
“ . . . and women shall have rights over men similar to those
for men over women” 2:228
Women, in the Arab Peninsula before Islam, were mistreated,
disrespected and had virtually no rights. The Holy Prophet Muhammad (PBUH) made
great efforts to improve their status and changed how they were viewed in
society. Unfortunately, his teachings
are not followed in their true essence and many Quranic verses and Ahadees are
misinterpreted or misquoted.
In addition, in most Islamic societies, there are various
other factors governing the thinking of Muslims regarding the status and role
of women in society – not all of which stem from religious teachings.
Therefore, the denial of women’s rights should not be blamed on Islam but on
the unIslamic nature of their customs and traditions.
In Muslim societies, those who advocate women’s rights or the
feminist movement are considered to have fashioned their campaign after the
Western feminist movements. Similarly, there are misperceptions in the West
about the status of women in Islam; therefore it is important to address the
subject with objectivity. This becomes more important in case of Pakistan while
analyzing the status of women and the factors contributing to exploitation and
discrimination against them.
Let us now speak of today’s Pakistan and the journey of the
women within it. According to a World Bank report published in 2012, women make
up 49.19 percent of the total population. The plight of women in Pakistan is no
different than many other autocratic, theocratic regimes in the Muslim world and
the West alike. Even though the Constitution of Pakistan grants legal rights to
women, the Human Rights Commission of Pakistan reports that 80 percent of women
are not aware of their basic rights.
Economic structure in Pakistan has been hostage to religious
and political elites including tribal elders and feudal lords. Pakistani
society has neither been solely secular nor conservatively religious. Religion
has been used and misused to achieve self-interest by the above interest groups.
The members of this elite club have complimented each other by manipulating
religion for their own vested interests and attempted to impose their code of
morality on women in the name of Islamic teachings.
In the history of Pakistan, religious political parties have
not secured a big vote bank, but they have attempted to shape public opinion on
many issues. The only case when religious political parties gained a huge vote
bank was after the events of September 11, 2001, when a religious alliance of
six political parties, Mutahida Majlis - e - Amal (MMA) came to power in KP and
formed a coalition government in Balochistan in 2002. They attempted to enforce
Sharia Law in the province and subsequently in the country but could not
achieve success. Among other steps, MMA government ordered removal of
billboards displaying women images and termed them as un-Islamic. Due to strong
opposition to its Islamization process, MMA was duly rejected in the subsequent
national and provincial elections in 2008.
While much has been debated and discussed regarding the Islamic
Laws and its implications for women, secular quarters of Pakistan that includes
feminist movement have frequently challenged laws like Hudood Ordinances, the
Law of Evidence and Shariat Bill. The Hudood Ordinances were introduced and
enacted under the Military dictator General Muhammad Zia ul Haq on February 9th,
1979. There were protests against Hudood Ordinances because one of the Acts
related to Zina (Arabic word for fornication or adultery) in Hudood Ordinances
included women within the scope of Punishment. There were very few reported
cases of Zina against women before the enactment of the Law; the passage of the
Ordinances resulted in the increase in the number of allegations manifold. Many
of the times the allegations were false.
After the death of Zia, succeeding government did not pursue
these Laws with any zeal. Benazir Bhutto, the first Muslim Prime Minister, who
was thought to be more liberal, could not do much because of the opposition of
religious political parties and her party’s failure to get the required
majority to amend or repeal the Laws. In 2003, however, under the government of
General Pervez Musharraf, the National Commission on the Status of Women (NCSW)
in a report recommended repeal of Hudood Ordinances. While the Commission
included religious scholars and people from within the civil society, all
seventeen members except two agreed that the laws do not fulfill the criteria
for providing justice under national, international or religious law.
Interestingly, women came out in streets, the veiled women of religious parties
in favour of the Laws whereas women’s rights activist in favour to repeal the
Laws. Musharraf government fearing loss of support by religious parties failed
to amend or repeal the Laws but in 2006, added a bail provision to the Hudood
Ordinance, for women in jail under Hudood Ordinance. Though Hudood Laws are
enforced in various Muslim states, the countrywide reaction to these Laws makes
Pakistan the only Muslim country where the government made an effort to address
the grievances related to the Laws.
While many blame the Zia regime for facilitating religious
extremist groups who have no respect for women’s rights, there are others who
have supported and depended on these groups to legitimize and sustain their
power base. The undemocratic government in an attempt to legitimize its rule has
used the religion card very graciously, sometimes to cement the institutions of
state and religion and in other instances to separate the two for projection of
enlightened moderation. General Zia’s process of Islamization was to please the
House of Saud who filled the country’s coffer. On the contrary, General
Musharraf’s bail provision to the Acts came at a time when the US Congress was
considering 5.1 billion arms package to Pakistan. The irony is that the freedom
that was guaranteed to women, jailed under Hudood Law, was refused due to their
fears of worst circumstance outside jail.
Interestingly, there is diversity and variation in the status
and role of women depending on the their social circumstance. Pakistani society
has deeply remained tribal, feudal and strictly patriarchal, rife with
misogynistic practices, where women are regarded as second-class citizens. Though
the society as a whole is male dominated, women from the upper class in urban
areas enjoy much better status and significantly greater rights as compared to
those in rural areas.
One can argue that women always had a less favorable position
in comparison with men of the same class. Though, most of the times, they
suffered due to misperception of Islam but social and cultural factors have
mainly reduced their participation in fields outside the boundaries of their
homes. Social customs practiced in many parts of Pakistan have their roots in
the existing traditions in these areas. Hence, social and cultural constraints
put women at a disadvantageous position and it is questionable that Islamic
laws were the sole source of discrimination against women.
In interior Sindh, rural Punjab, tribal belt and some areas
of Khyber Pakhtunkhwa and Baluchistan, the landed elites exercise dominant
influence and rule their fiefdom through ‘Jirga’ or ‘Panchayat’ (tribal
courts), consisting of tribal elders. This system of parallel justice often
adjudicate on the matters concerning women but who themselves are never
consulted.
Women mostly in these areas are considered as symbol of
family honour where segregation from social, economic and political life is
visible. One reason contributing to this status is the male dominated tribal
and feudal society. Customs, like ‘Swara’ also called ‘Khoon Baha’ Vani and
‘Sang Chatti’ practiced in tribal belt and a few remote areas of Khyber
Pakhtunkhwa (KP), in Baluchistan rural Punjab and interior Sindh. These customs
are practiced widely as an indigenous means to settle a dispute, whereby a girl
is offered in marriage to settle a family or tribal dispute between two rivals.
In the tribal and conservative societies if a woman is
suspected of having extra marital relations or in some cases, if raped, their
own male family members, for the honour of family, can subject them to violence
resulting in honour killing. Other common practices include ‘marriage to Quran’
in Sindh, which forces a female family member to stay unmarried to avoid
division of property. Also, the ancient practice of buying and selling brides
still persists in many rural areas, though the national law prohibits it. Many
women routinely become victims of rape, acid throwing, honour killing known
with different names in Sindh and Baluchistan, including killing of female
health worker, teachers and members of NGO working to promote women’s rights.
Sindh High Court Sukkur Bench in one of its decision on April
24, 2004 banned the holding of Jirgas in the province but the provincial
government in an effort to validate this institution gave the directive for
drafting of the ‘Sindh Amicable Settlement of Dispute Ordinance’ (SASDO).
Lately, due to hue and cry of women’s rights activists and the projection of
such cases by media, the Supreme Court of Pakistan has taken suo-motu actions
against many such decisions. The Court has on many occasions ordered the arrest
of Jirga members. While ordering strict action against organizers of such
Jirgas in accordance with Article 10 (3) a, the Chief Secretaries and Inspector
Generals of Police (IGPs) were asked to submit reports regarding such gatherings
and action taken by the police. However, The Supreme Court actions are mainly
confined to settled areas, whereas in FATA the Jirgas are still being held.
Another point of attention is women deprivation of their
democratic, political and economic rights. Despite the ratification of
International Covenant on Civil and Political Rights (ICCPR), it is also worth
noting that women have been either under represented or excluded from political
participation in the conservative social setup in various parts of Pakistan.
Women have been marginalized but from time to time they managed to carve their
way into polity. Women representation in the National Assembly has been
varying, from as low as eight seats under the constitution of 1956 and 1962 to
sixty, an increase in number under the government of Musharraf. In the Senate
of Pakistan, the number of women representatives is four from each province and
one from Federal capital. However, there are no seats for women belonging to
Federally Administered Tribal Areas (FATA). This is one side of the story where
the state has ignored female population, the other part is even more
discriminatory; and that is - in FATA the male family members or the tribal
elders deny women participation in the electoral process and prevent them from
exercising their right to vote.
Since 9/11, the rise of religious extremism had added to the
miseries of womenfolk. Earlier girls were denied education in rural areas; now
the extremist elements are blasting schools to discourage female education.
According to a report submitted to the Supreme Court of Pakistan by
intelligence agencies in March 2013, 1030 schools and colleges have destroyed
by the Taliban insurgents in KP from 2009 to 2013 and many closed down. The
Human Rights Commission of Pakistan reported 791 cases of honour killings in
2010 and 913 in 2012 and 83 incidents of acid throwing in 2012. Not only in
FATA and Provincially Administered Tribal Areas (PATA), but also in other rural
areas, women are not allowed to go out of their homes to work. There was no
culture of women working outside their home in these societies but their
participation and contribution is ignored in Pakistan’s agricultural
economy.
Recently the cases of Malala (KP), a young girl shot for
wanting education; Mukhtara Mai (Punjab) and Dr. Shazia, (Balochistan), both rape
victims; and Faakihra (Sindh) an acid attack victim, are some examples that
attracted the attention of international media. Their stories epitomize the
plight of women in these areas. Various women’s rights organizations, for
example, ‘The Tribal Women Welfare Association’, Aurat Foundation, ‘Shirkat Gah-Women
Resource Center’ besides many others, are most determined in campaigning
against these inhuman practices. Women’s rights activists are frequently
highlighting these issues, recently the Pakistani film director, Sharmeen Obaid
Chinoy made a documentary film, ‘Saving Face’ which is an intimate look inside
Pakistani society.
In response to these problems, various laws were passed by
the Senate to ensure women’s rights and to stop criminal and discriminatory
practices against women. These include; ‘Women Protection Bill’ passed by the National
Assembly on November 15, 2006; ‘Prevention of Anti-Women Practice Amendment
Act’ passed by Senate in December 2011; ‘Acid Control and Acid Practice Bill
2010’ was passed in the same session. Another bill provided for economic and
other support to women in prison who are unable to defend themselves legally
and financially. On March 8, 2012, President Asif Ali Zardari signed the
National Commission on the Status of Women Bill’ into law which empowers the
commission with new financial and administrative powers and allowed them to
investigate violations of women’s rights.
But these measure are
not applicable to FATA and PATA due to which these legislations failed to
eradicate violence against women in one form or the other. However, the
government, in order to address these challenges, established women’s police
stations. These police stations are staffed by lady police officers making
things easier for women folks with regards to their complaints lodging. However,
in many cases of crime against women the perpetrators due to their social
status and connections pressurize the victim’s family to settle the matter out
of court. Such crimes should be considered as an offence against the state so
as to punish the offenders and give relief to the victims.
To conclude, a Pakistani woman is not suffering partiality
because of religion but due to the cultural characteristics and structure of
our society. Hudood Ordinances and other Islamic have been considered to be the
sources of violence against women, in the history of Pakistan, no woman has
been punished under Hudood Ordinances.
Pakistani society is diverse, Women who don’t know their
rights, suffer. Women who know their rights raise their voice for the rights of
other women. These are privileged urban women, who have gone to universities,
are serving in civil, military and judicial services and who are performing
their responsibilities as good as any man can. However, even all urbanites do
not enjoy that status and many share the miseries of the rural and tribal women
of Pakistani society. The lower middle class woman struggles through different
pressures, sometimes working from home, in other cases venturing outside. She
has to face the harsh reality that even if she is the sole bread earner, her
male counterpart is superior to her.
The participation of these women in public life has been
achieved through the struggle of various feminists and women’s rights movement
that started from Rana Liaqat Ali Khan, the first First Lady of Pakistan and
continues till date. It is the efforts of these ladies that today we have women’s
universities in major cities of the country and reserved seats for women have
been increased by ten percent recently. Above all, Pakistan is the only Muslim country,
which had a woman Prime Minister for two terms.
Most of the practices assessed, constitute acts of violence
against women in Pakistani society. The traditional cultural practices reflect
the misery of womenfolk in Pakistan, which persist because they are mostly
ignored, or the perpetrators are not taken to task due to government’s inaction.
The drawbacks in the implementation of various Bills introduced have further
strengthened the role of males to the detriment of women. Also, the rural women
due to ignorance and unawareness of their rights have endured pain. The state
of women can only be improved by encouraging girls’ enrollment in schools,
greater participation in politics and awareness about social, economic and
other related issues.
Moreover, to improve women’s right, the tribal and feudal
system needs to be dismantled. The government should also enact legislation
against domestic violence and take measures to improve investigation and
protection of honour killing and acid attacks against women. Furthermore, for
the protection of their rights, women’s rights have to be a priority in government
policy making. For the development of Pakistan, it is essential that the
government should take concrete steps to protect fundamental civil, economic,
social, political and cultural rights of women.
So you see, many issues affect the rights of women in
Pakistan and not all are religious. As discussed, many of the political and
cultural reasons for depriving women of their rights are often veiled in
religion, for in a country made in the name of God, arguing with any cause that
sites His name is often a task that many balk at. The fact remains however,
that the battle for women’s rights is a long and hard battle, one in which the
dynamics are constantly shifting. It is not an easy mission, but it is not an
impossible one either.
References
1.
Human Rights Commission of Pakistan Report.
2012.
2.
Country Reports on Human Rights Practices for
2012, United States Department of States - Bureau of Democracy, Human Rights
and Labour.
3.
www.supremecourt.gov.pk
4.
www.hrw.org/pk
5.
www.ngos.org.pk
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