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ARTICLES
Pattern in madness
The blasphemy law has become a tool in the hands of unscrupulous elements
By Ayra Inderyas
Last week, following the blasphemy allegations, which resulted in the
eruption of violence against Christians, 3 women, one young girl, 2 men, and
a child were burnt alive in Gojra while another man in the nearby Korian
village succumbed to injuries and lost his life.
In June this year, houses of Christians were burnt down in Kasur, on the
pretext of blasphemy. Fearing more violence, over a hundred Christian
families were forced to flee.
In the past, attacks on churches, Christian settlements and different
church-run institutions on charges of blasphemy, have also been witnessed in
Sangla Hill, Shantinagar, Rahim Yar Khan, Murree, Taxila and Sukkur. Such
ferocious acts -- of religious bigotry -- have naturally instilled a fear
among the mostly poor and downtrodden Christian community of Pakistan. The blasphemy law seems to
have become a tool in the hands of unscrupulous elements who can further
their own agenda, as suggested by Mr Victor Azriah, Executive Secretary,
National Council of the Church of Pakistan.
Local Muslim clerics are also to blame, as they have been found to have made
hate speeches against Christians. In Gojra, reports have it that a frenzied
mob consisting of vigilantes equipped with guns, sticks, hammers and toxic
and inflammable chemicals gathered within no time in the area, responding to
the call of their religious cleric, and unleashed terror on the local
Christians.
As of June 2008, Catholic Commission for Justice and Peace (CCJP) registered
a total of 892 people who had been charged with blasphemy ever since the
laws were introduced. Of all, 50% were Muslims, 11% Christians, 6% Ahmadis
and 1% Hindus. Between January and April 2008, a total of 15 people were
accused of blasphemy.
Reviewing such laws might end in fruitless amendments as it happened in 2004
during the Musharaf regime when procedural amendments to blasphemy laws were
made. The investigation level was raised in that before lodging an FIR,
investigation had to be conducted by a high-ranking police official.
However, the procedural changes of 2004 failed to prevent violent incidents.
Over blasphemy cases, police official can succumb to the pressure of the
angry mob thus filing an FIR against blasphemy accused drawn within no time,
he further added.
Courtesy: Daily The News August 09, 2009
Missions and chapels
Records suggest that the first Roman Catholic chapel in the city was built
in 1597 but its location is unknown
By Ayra Inderyas
As
per the records of Naqoosh Lahore Number 1962, the year 1597 saw the
construction of the first Roman Catholic chapel in Lahore on State expense
during Emperor Akbar’s era — but its location is shrouded in obscurity.
On the account of the letters received at Goa Christian Society by the
Priests of Jesuit Christian Missions in 1595, Emperor Akbar promised Jesuit
Christian Priests that necessities for the erection of the church would be
provided and the construction site would be marked. A letter dated August
20, 1595 by Jesuit Missions stated that the site fixed for the chapel was
near the palace. The chapel was constructed on September 7, 1597.
Naqoosh Lahore Number 1962 also details that after the completion of the
chapel Christmas was celebrated with great fanfare witnessed by many
inhabitants.
Emperor Akbar consolidated the Mughal empire in India for about 50 years. His
subjects belonged to different religions and enjoyed great latitude in
practicing their rites and rituals. The phenomenon of ‘universal tolerance’
or ‘sulah-e-kul’ was observed irrespective of caste, colour or creed, which
led to the friendly rapport between the ruler and the ruled.
For about 14 years, starting from 1584 to 1598, Emperor Akbar made
Lahore his capital. Most historians consider
Akbar a crafty statesman and administrator because of his policies on
religious tolerance. He was resultantly dubbed as a ‘secular’ ruler of
immense importance in the realm of world history. The later Mughal emperors
were not so tolerant of religious freedom and imposed their own ideologies.
Notes of Oxford History of India, Fourth Edition, narrate that following the
invitation by Emperor Akbar, three separate Christian Jesuit Missions were
sent off to Lahore by the Goa
authorities. The first mission comprising of three Christian priests stayed
for three years till 1583 at the Court of Akbar at Fatehpur Sikri, which
served as the capital of Mughals for 15 year before it was shifted to
Lahore. In 1592, on Emperor’s urgent request,
the second mission was sent which remained at Akbar’s court for two years.
The last mission arrived in Lahore
in 1595 and became a permanent institution.
The English translation of ‘Ain-i-Akbari’ by Henry Blochman mentions that
there is no doubt that Akbar had a Christian wife. The marriage probably
took place during 1592 and 1595, around the same time when Akbar got
acquainted with Jesuit Christian Missions. On account of a few historians
the Christian lady was Portugese (from Goa)
but the other parallel accounts indicate that she was an Armenian. The city
guide of Fatehpur Sikri includes a palace
of Akbar’s Christian wife from Goa,
Maryam, located near Joda Bai’s palace, Akbar’s famous Hindu wife.
Starting from Akbar’s era, the movement of the Christian priests from
Goa
became a regular feature, which got discontinued during the reign of
Aurangzeb Alamgir. Further, no authentic evidence has shown record of church
construction from Auarangzeb’s time till the advent of the British, when
churches began to be established in
Lahore
during 1840 to 1947.
Initially the Christians, mainly the Roman Catholic priests, remained
confined to the British garrisons only. From Lahore Number 1962, it became
evident that during Ranjit Singh’s reign in 1830, a few Catholic priests
arrived at Lahore for the purpose of preaching
Christianity. Later in 1847 a Missionary Priest, namely Kaferal came from
Agra to Lahore
and built a church with the help of local Christians. But the site of this
church is also not known. Although a building at the Government College
Lahore, known as Gymnasium, is considered to be the site of an ancient
church. Its year of construction is inscribed as 1858. It is speculated that
it could be the church built by Priest Kaferal.
In 1849 two American missionaries from the Presbyterian Church came to
Lahore, namely Newton
and Forman. During those days, a missionary school at the present day Rang
Mahal and the Naulakha church were built, attests Lahore Nakoosh Lahore
Number 1962.
According to the historical notes of Cathedral Church Lahore Diocese the
tomb of Anarkali in 1851, now in the Civil Secretariat, was officially
allowed to be used as a church, which was consecrated as St. James in 1857.
It remained open for 30 years till the time the present Lahore Cathedral was
constructed on January 25, 1887 by the first Bishop of Lahore, namely T.V.
French. The big Red Cross, which is now present in the compound of Lahore
Cathedral, was originally placed on the dome of the tomb of Anarkali. Later
it was brought to the Lahore Cathedral.
The Lahore Cathedral is a fine specimen of architectural beauty. Other
ancient buildings of the missionaries include the Church, the
Divinity School,
and the St. John Hostel at the present day Mission Road. These old buildings are
situated at a venue previously known as Maha Singh Bagh.
In 1904, the Roman Catholic Church at
Lawrence Road was constructed. This is also a
majestic edifice.
Many other magnificent and splendid churches are situated at various places
of Lahore. All built during
the British period. But the actual site of the first chapel ever built at Lahore remains unknown.
caption
From the collection of Fakir Khana: The painting of Maryam, Akbar’s only
Christian wife.
Courtesy: Daily The News 20 September 2009
Same old tale of exploitation
The existence of prostitution is a symbol of inequitable socioeconomic
structures and norms
By Ayra Inderyas
Mehwish, aged 21, thinks of prostitution as a last resort for
surviving and fulfilling her children's subsistence needs -- from
providing food to giving house rent. She along with her two children
and drug addicted husband is living in a shanty, stark, one-room
rented house in one of the slums of Lahore city.
She blames her father for the life that she is leading. Her father was
on drugs when he went missing. Six years have passed, there is no news
of him. That left her mother with no choice except to earn money by
running a brothel, she says.
"I had my first client for Rs.1000 when I was just 15 years old after
my would-be husband refused to marry me due to my mother's involvement
in this business", Mehwish said. For her Rs.200 is the minimum for a
one-time service and Rs. 2000 is the maximum rate per night which she
is usually offered by her clients. She named a few posh areas of the
city known for getting rich clients who also liked to be entertained
with dances and songs by young girls involved in commercial sex. She
said that her mother is known to many sex worker girls, whom she
contacts when a client approaches her.
Explaining the functioning of the brothel, she said her mother charges
Rs. 500 to Rs.1000 from clients for providing them a room for a few
hours. Beside this, the sex worker gives 20 per cent of her earned
income to her mother, Mehwish explains.
To maintain respectability in society, she has adopted the pseudonym
of Farhat. Saima, another woman gave poverty and absence of
alternative economic means as reasons for pushing her into an
extramarital relationship with a man double her age who supports her
two children's school fee every month.
Fighting for their livelihood through commercial sex, women, even
young girls who live at the lower rung of the social ladder, are
oblivious to the health hazards that unsafe sex poses. Mehwish and
Saima's ignorance of HIV-AIDS is measured by the question they ask the
writer as to "What does HIV, AIDS mean?" About contraceptives, both
Saima and Mehwish say that their clients never agree to using condoms
which usually gives them infections they pay little heed to.
According to the 2006 update on the AIDS epidemic in Pakistan, the
World Bank reported that most sex workers do not have the power to
negotiate condom use with the clients on whom they depend. In April
2006, the World Health Organisation stated that there could be 70,000
to 80,000 unreported HIV cases in Pakistan. Analysing the enormity of
the spread of HIV-AIDS, the World Bank attested that there are serious
risk factors that put Pakistan in danger of facing a rapid spread of
HIV if immediate and vigorous action is not taken.
The culture of prostitution was introduced in Lahore much later than
in the older capitals of the subcontinent, such as Lucknow, Delhi, and
Mahabalipuran. During the Mughal era in the subcontinent (1526 to
1857) prostitution had a strong nexus with performing arts. Mughals
patronised prostitution which raised the status of dancers and singers
to higher levels of prostitution. King Jehangir's harem had 6,000
mistresses which denoted authority, wealth and power. After the
downfall of the Mughal emperors, they were replaced by Sikh rule in
Punjab and Frontier. During this time, social taboo against
prostitution was lessened. After the decline of Sikh rule, the British
came to power, which weakened the nexus between prostitution and
performing arts. Amid the changes in literary values and cultural
norms, a new breed of prostitution flourished, which was confined more
to sexual gratification than providing entertainment with songs and
dances. A major shift was brought to prostitution during the first
five decades of independence of Pakistan. Clients to prostitutes were
changed from rajas to politicians, bureaucrats and entrepreneurs, who
valued sexual satisfaction more than skill in performing arts. As a
result, the status of prostitutes declined from mistresses to common
prostitutes.
During General Zia's regime, Enforcement of Hudood Zina ordinance 1979
was introduced that made fornication, adultery, rape and prostitution
punishable offences by death, imprisonment and lashes. General Zia
banned red light areas of sex workers all over the country, thinking
that this move could regulate this menace from plaguing society. It
proved unsuccessful because, instead of being curtailed commercial sex
sprung all over the country ranging from voluntary to enforced
prostitution by high class call girls to lower class sex workers.
Clause 37 of the Constitution of Pakistan has made prevention of
prostitution a principal policy. According to Suppression of
Prostitution Ordinance 1961, running a brothel, enticing or leading a
woman or a girl to prostitution and forcing a woman or a girl to have
sexual intercourse with any man are punishable crimes. A National Plan
of Action (NPA) was drawn up in 1998 to improve women's conditions
after Pakistan made international commitment by accessing to the
United Convention on the Elimination of all form of discrimination
against women in 1996. However, the NPA was silent on dealing with
prostitution as a separate subject; instead it was discussed under
violence against women. NPA also fell short of including other forms
of violence, such as forced prostitution, trafficking in women.
A study by UNICEF stated that as many as 55 per cent of families from
35 localities in Lahore had one or more members as sex workers during
2005. We, as concerned citizens cannot turn a blind eye to the
existence of prostitution, which is a symbol of inequitable
socioeconomic structures and norms. Neither law nor religion had been
unable to remove eradicating the shadow, which is demeaning and
exploiting women's lives. The appalling situation detailing horrifying
stories of women victims of prostitution calls upon concerned
government quarters, NGOs and Women Groups to embark on concrete
programmes focusing general awareness on HIV/Aids and behavioral
change against prostitution.
Real name has been changed for the sake of anonymity.
Courtesy: Daily The news of April 20, 2008
Rights and wrongs
A report of the UN Human Rights Council from Geneva
By Ayra Inderyas
Responding to a United Nations General Assembly (UNGA) resolution
60/251 of 2006 that created a
UN Human Rights Council (UNHRC), the year 2007 has witnessed the
establishment of a new human rights mechanism as Universal Periodic
Review (UPR) to subject 192 UN member states to review human rights
records in their respective states within four years.
The institution building package adopted by UNHRC in 2007 gave a
concrete shape to the UPR, stating that it should be based on
objectivity, transparency, reliable information, and interactive
dialogue. As per aforesaid UNGA resolution and UN ECOSOC resolution
1996/31 of 1996 UPR should ensure the participation of all relevant
stake holders including NGO and national human rights institutions.
The troika along with the working group of UPR, both composed of
members of the UNHRC, is tasked to examine human rights records of
member states. The UN working group session for Pakistan UPR took
place on May 14 this year, the troika members to Pakistan UPR included
Saudi Arabia, Ghana and Azerbaijan. Its report documented proceeding
of the review, interactive dialogue and recommendations by council
state members calling to improve areas such as women, minority and
child rights, freedom of religion, independence of judiciary, media
freedom, and supremacy of the law, labour legislation, adherence to
international procedures and human rights mechanisms. The major
achievements with regard to Pakistan international Instruments
included Pakistan's ratification to International Covenant of Economic
Social and Cultural Rights in April 2008 and signing a convention on
Torture and International Covenant of Civil and Political Rights.
The eighth session of UNHRC in Geneva was held from June 1-18. The
Final adoption of UPR of 32 countries including Pakistan took place in
the UN 8th session. The time allocated to speakers in the final UPR
adoption was one hour to each state, whose report was scheduled to
review in order to speak on its human rights situation, 20 minutes to
member states, 20 minutes to national human rights institution and
international NGOs, with further division of 3 minutes and 2 minutes
to each state and NGOs respectively. On June 8, the session turned
quite interesting during the adoption of the first UPR report of
Bahrain, the Council proceedings got interrupted by Pakistan and
Egypt, who criticised NGOs for making issue specific comments than
general remarks on the outcome. On the other side Slovenia (on behalf
of EU), Switzerland, Mexico, Canada and France were of the views that
NGOs should be allowed to speak on issues lacking in the final report.
The President of Council seemed more in agreement with Egypt and
Pakistan's position emphasising several times to refrain from
deviating the report's content and insisted on keeping the order of
point.
The final outcome report of Pakistan's UPR was adopted by the plenary
of UNHRC on June 12. Pakistan's Ambassador Mr. Masood Khan, in his
statement on the UPR, categorically emphasised Pakistan's commitment
to promoting human rights, rule of law and democracy. The statement
also highlighted Pakistan's concern to ensuring security, safety and
freedom of human rights defenders. During its final adoption, China,
Bahrain, Morocco, Kuwait, Algeria, Indonesia and Egypt congratulated
and appreciated Pakistan for its commendable actions for promoting and
protecting human rights. However, Canada raised concerns on issues
such as discriminatory laws and freedom of opinion and expression.
Exercising the right to make oral statement, some NGOs expressed
concerns over jeopardising independence of judiciary, women rights,
discriminatory laws against women and minority, adoption of moratorium
of execution and freedom of press. During NGOs interventions on
Pakistan, Egypt interrupted the proceedings four times accusing NGOs
for making out of context remarks. It clearly manifested Pakistan's as
Council member and representative on behalf of OIC members, and
enjoyed cordial relation with Egypt in its Geneva mission.
During the general debate on the Human Rights situation on June 5,
countries namely Sudan, Zimbabwe, Srilanka, Somalia, Keniya,
Democratic Republic of Korea, Congo, Myanmar, Iran and China were
highlighted for alleged human rights abuses and violation by the EU
member states, Canada, Australia and New Zealand. Responding to the
international community by exercising the right in reply Sri Lanka,
Zimbabwe, Sudan, the Democratic People's Republic of Korea, Iran,
China and Bangladesh camouflaged their position under the pretext of
breaching sovereignty by discussing internal issues, calling NGOs
bogus with malicious purposes, applying selective justice and accusing
south countries of xenophobia.
UNHRC is a state driven body in which states decide, with narrow
involvement of international NGOs, who have accredited status with UN.
All through the UPR process, NGOs were restricted to submitting only
written questions to troika members and making an oral statement at
the final adoption of UPR. Apart from limited involvement of civil
society, UPR can still be viewed as a significant innovation for at
least standard setting for accountability and can be used as an added
mechanism for challenging human rights abuses worldwide. During the
session, sensitive issues to various cultures such as sexual
orientation, maternal mortality were raised; women issues were
discussed under a separate agenda item. In a nutshell, stake holders:
civil society particularly NGOs had room to engage and
participate in the UPR process in the follow-up activities, monitoring
and coinciding with country's national programs to improve and promote
human rights records.
Courtesy: Daily The
News of June 22, 2008
A lot still needs to be done
By Ayra Inderyas
The government needs to take concrete measures to fulfil national and
international commitments to improve the situation pertaining to
women’s rights
The
38th session of the Convention on the Elimination of all Forms of
Discrimination Against Women (CEDAW) is taking place these days (from
May 14, to June 1) at the United Nation, New York. Pakistan is one of
the countries whose report on the implementation of CEDAW is scheduled
to be examined by a group of UN experts.
Following Pakistan’s accession to CEDAW in 1996, under International
law it has become obligatory for Pakistan to put the provisions of the
treaty into practice, yet no legal framework has been drawn for the
automatic translation of international commitment into domestic law.
The CEDAW has two parts. The first comprises 16 articles that call on
state parties to eliminate discrimination against women on all counts.
The second part provides a mechanism to monitor the state parties’
observance to the convention. The analysis of Pakistan’s adherence to
CEDAW is carried out in the current assertion in the light of its
first 16 articles.
Article One of CEDAW explicitly defines the term ‘discrimination
against women’, whereas the constitution of Pakistan falls short of
giving a specific definition of discrimination against women. State
parties are called on to introduce the principals of equality in their
national constitution and documents and eradicate discriminatory laws
and policies in articles Two, Nine and 15. However, in Pakistan, Law
of Evidence (1984), Hudood Laws (1979), Law on Honour Killing (2004),
Qisas and Diyat Laws, few provisions of Family Law Ordinance (1961)
and Pakistan Citizenship Act (1951), all of which amount to
discrimination against women, are still the part of our statute books.
Contrary to what is stated in Article 2 of CEDAW that public
authorities and institutions shall refrain from exercising
discrimination against women, women seeking judicial redress face
insurmountable barriers such as being stigmatized as bad women,
hostile court environment, violence in police custody, expensive
litigation and delayed proceedings to achieving justice.
Articles Three, Four and Seven of CEDAW put emphasis on the full
development and advancement of women in the economic and political
fields. Following Pakistan’ commitment in the Fourth World Conference
on Women held in Beijing in 1995, our government has drawn a National
Plan of Action 1998 and National Commission on the Status of Women was
established in 2002. Nevertheless, such actions failed to formulate
specific mechanisms to achieve the targets as attested by National
Report of Beijing 2004.
Articles Five of the treaty demands that states modify social
patterns, and cultural and traditional norms that sanction violence
against women but, at present, increasing incidences of violence
against women are a testament to the failure on the part of the
government.
Article Six of CEDAW instructs that trafficking in persons shall be
put to an end by state parties. Pakistan is facing problems of both
internal and external trafficking. Internal trafficking takes place
when parents sell their daughters under the cover of marriages or when
girls from the poorest strata of society are kidnapped and coerced
into commercial exploitation. The US Report on Trafficking In Persons
(June 2006), clearly stated that Pakistan is a source transit and
destination for victims of severe forms of trafficking.
The Constitution of Pakistan, in Article 11, banned forced labour and
human trafficking and stated that women held under prostitution
charges can be bailed out only in the custody of male members of the
family. It provides an opportunity to pimps and agents to pose as
fathers, husbands or brothers, and get the girls bailed out and
continue their exploitation.
Increasing the representation of women at the international level and
in international organisations is ensured by Article Eight of CEDAW.
Except for our female foreign office spokesperson, the ministry of
foreign affair has the lowest representation of women.
In light of Articles 10 and 12, providing equal rights to women in the
fields of education and health, Pakistan did make a contribution to
improve the standards of education and provide health facilities to
women. The Economic Survey of Pakistan 2004-05 reported an overall
literacy of 53 percent, of which 64 percent for males and 39 percent
for females. Higher infant and maternal mortality rate is widely
prevalent in rural and semi urban slums and few government funded
programmes are focused on maternal and neonatal preventive and
curative problems of women.
Under Article 11, states are required to guarantee equal rights to
women in all matters of employment. Under our National Plan of Action
1998, the government announced a five percent quota for women in
government departments, which was later extended to 10% in December
2006, but its implementation involves a lot of failures. There is a
virtual absence of legislation for home-based workers and domestic
servants that results in non-recognized work of women. Women are also
not adequately represented at the senior, legislative and managerial
positions in government institutions. Harassment at the workplace is a
dominant problem deterring women from taking up employment.
Advancement of rural women is spelled out in Article 14 of CEDAW. Our
rural women are involved in the sub-sectors of economy but, due to
lack of statistical sources on labour force participation, their
contribution to the economy goes unrecognised.
Article 13 of CEDAW calls on state parties to provide women an equal
right to acquire loans and credit schemes, as well as an equal share
to inheritance. However, Pakistan National Report for Beijing +10
stated that Pakistani women are deprived in terms of their income
generation capacity, ownership of land and productive assets, access
to labour market, economic options, social services and security.
According to Article 16 of the treaty, women should have an equal
right to marriage as enjoyed by men and matters relating to marriage
and its dissolution. Women are constantly denied their right to
marriage under customs such as wani/swara, watta satta and haq
bakshwan. A few of the provisions of Muslims Family Law Ordinance (MFLO
1961) sanctioned discrimination against women. For example, men can
unilaterally divorce their wives without disclosing or proving the
reason, whereas women have to file a suit for dissolution of marriage
and have to go through court proceedings.
Following the dissolution of marriages, Guardianship Ward Act (VIII of
1890) has disentitled mothers from having the custody of minor
children (below 18 years age). Child Marriage Restraint Act 1929 has
marked the minimum age for marriage as 18 years age for boys and 16
years age for girls or when she reaches puberty. And as frequently
girls reach puberty before 16, it legitimises marriages of girl child.
It is a high time that the government realizes its responsibilities
and takes concrete measures, establishes mechanisms for the fulfilment
of both national and international commitment in order to improve and
increase women rights in the real sense.
Courtesy: Daily Dawn
of May 27, 2008
Womens' Sufferings Know No Ends
By Ayra Inderyas
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The 14-year-old Sumaira, a
peasant worker, was raped by the owner of a plant nursery in
Patoki district Kasur in May this year. On the day of the
incident, the accused offered tea to Sumaira, her mother and aunt,
who used to work as daily wagers for Rs 50 at the nursery. The
tea, in which some drug was mixed, left the women unconscious.
Sumaira became a victim of rape. Narrating the incident, Sumaira’s
father burst into tears at a press conference in Lahore. Following
Sumaira’s rape, her family lost their job, which added more misery
to their lives. “Hoping to get justice, we are struggling hard to
get the rapist punished,” says Sumaira’s mother.
Sumaira’s story is just one of many horrifying ordeals subjecting
women to horrendous forms of violence. Last year, Ayesha (aged 18)
had her nose and upper lip slit with a knife by her husband after
accusing her of having extra-marital relations. Two girls became
the victim of similar cases in 2005. Amna’s nose and lips were cut
off by her brother-in-law on asking for a divorce. 24-year-old
Nasim’s legs were amputated by her brothers after she married a
person of her choice. These examples speak volumes of the inhuman
treatment and victimisation of women.
The 2006 Annual Report of the Human Rights Commission of Pakistan
stated that 389 women were murdered, 565 were slain in the name of
‘honour’, 115 were gang-raped, 185 were raped, 43 were set on fire
and 23 died of stove ‘bursts’ in a single year. The same
commission also recorded 13 incidents in which acid was thrown on
women and 14 cases of amputation of women’s body parts in 2006.
The alarming rise in stories about dishonouring women in public,
acid throwing and stove burning which appear in the dailies is a
testament to the rampant violence against women. Many cases go
unnoticed and unreported due to pseudo-religious, patriarchal and
cultural practices. Besides this, fearing stigmatization, women
victims prefer to remain silent.
The draft report of the National Commission on the Status of Women
(2005) recognised that violence against women is increasing,
including honour killings, vinni and swara, with a high rate of
acquittals and awards of lighter punishment to the perpetrators of
the said crimes. Prevention of Anti-Women Practices (Criminal Law
Amendment) Bill 2006 was tabled in the National Assembly this
year, which aims to amend section 310 (A) of the Pakistan Penal
Code in order to criminalise the practice of settling disputes by
marrying off girls. Section 310 (A) of the Pakistan Penal Code,
introduced by the Criminal Law (Amendment) Act 2004 to address
honour killing, is itself faulty due to compoundability provisions
under Qisas and Diyat laws, allowing impunity to the murderers. In
cases of honour killings, the murderer is usually an immediate
family member of the victim, who easily gets pardoned by the heirs
of the victim and goes unpunished. The aforementioned bill failed
to provide any provision that automatically annuls compensation
marriages. As a result, women married off in such a manner have to
face lengthy court procedures for the cancellation of their
marriage contract.
A survey conducted by Pakistan Institute of Medical Sciences in
March 2006 stated that 90 percent of married women are being
physically or sexually abused by their husbands. No law has ever
been drawn up to deal specifically with domestic violence to
declare it a crime. The only exception is the recent Domestic
Violence against Women and Children (Prevention and Protection)
Bill 2007, which was adopted by a National Assembly Standing
Committee.
There is a considerable amount of reluctance on the part of law
enforcing agencies to take up cases of women victims of domestic
violence as it is considered a family problem. In July 2006, the
National Police Training Management Board endorsed a module on
Attitudinal Change that includes awareness and sensitisation on
issues relating to violence against women. By April it was only
being implemented in five out of 20 police stations. The module is
also lacking monitoring and accountability mechanisms, as reported
by Shirkat Gah, an NGO. Women litigants often complain that they
suffer humiliation and face social stigma. Unnecessary delays in
trial cases coupled with a non-congenial court environment
discourage women from seeking judicial redress. The absence of
structure and mechanisms for providing legal guidance has resulted
in inadequate complaint and crisis centres that do not meet the
scale of the problems faced by women.
The effectiveness of Women’s Crisis Centres is also hampered by
the absence of dedicated and trained staff, coupled with a dearth
of guidelines and protocols to deal with victims. Women victims of
violence, on reaching hospitals, suffer delays in getting
treatment as doctors are unaware of Section 174-A (Code of
Criminal Procedure) 2001, which calls for immediate medical
examination and all possible measures to provide best medical care
to the victim of gender-related violence. The usual practice to
respond to cases of violence against women is that doctors first
inform the police and then take the women’s statements, which
causes unnecessary delays, risking women’s lives.
The Protection of Women Act 2006 brought some relief to women who
otherwise would have suffered hardships under the previous Hudood
Ordinance. Besides other areas of concern that were left
unaddressed in the Hudood laws, the definition of adulthood
blatantly sanctions discrimination against girls. The law mentions
puberty as defining adulthood, which is ambiguous as girls as
young as nine years of age may attain adulthood. In this way,
minors are liable to prosecution for sexual crimes. The
government’s stated intentions to bring relief to women prisoners
have not proved effective so far. A Presidential Ordinance for the
release of women prisoners, introduced in July 2006 and
re-promulgated in November, failed to be translated into law and
lapsed.
According to Pakistan National Report Beijing plus 10, the
government is committed to a policy of zero tolerance on the
matter of violence against women under its First National Policy
for Development and Empowerment formulated in 2002. To eliminate
discrimination and violence against women, Pakistan has made
several commitments at the international levels such as accession
to the Vienna Declaration in 1993, ratification of the Convention
on the Rights of the Child in 1990, Convention on the Elimination
of all forms of Discrimination Against Women in 1996, and signing
of the International Covenant on Economic, Cultural and Social
Rights in 2004. Despite having committed to a lot, the government
still has not taken concrete measures to curtail such heinous acts
of violence against women. While celebrating 60 years of
independence on August 14, the government needs to contemplate
this alarming situation as a serious challenge to the real
liberation of humanity.
The writer is Secretary Women Desk Church of Pakistan Lahore
Diocese
Courtesy: Daily The post of August 8, 2007
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