A grim reality for the majority of women in Pakistan. – Photo by Madeeha Syed (The photo is a re-enactment using actors)

A grim reality for the majority of women in Pakistan. – Photo by Madeeha Syed (The photo is a re-enactment using actors)

Mukhtar Mai, Fakhra Younis, Samia Sarwar… women victimised. The first a gang-rape survivor who saw her alleged rapists go free following a nearly decade-long court battle, the second an acid attack victim who committed suicide after 12 desolate years, and the third a young woman killed for ‘honour’ when she sought to leave an abusive marriage. They belonged to diverse socio-economic backgrounds, but in the final reckoning, living in a patriarchal society like Pakistan proves the ultimate equaliser for women across the spectrum.

In 2011, according to Aurat Foundation, over 8,500 women in the country were subjected to violence including acid attack, rape and honour killing. A woman in a hidebound, repressive society is expected to suffer in silence, not ‘dishonour’ her family by seeking redress in any public forum. That is assuming she even survives the violence visited upon her.

But there are changes afoot. Over the last seven years, more pro-women legislation has been passed by the Pakistani parliament than at any other period in this country’s existence. Some of these laws are amendments to the Pakistan Penal Code, while others are new pieces of legislation. They deal with a variety of gender-based violence, including honour killing, rape, sexual harassment, handing over of women in compensation (badal-i-sulh/wani/swara), acid attack, forced marriage and marriage to the Quran.

The spate of legislation, particularly in 2010 and 2011, was no fluke. Legislation in general is tedious business. The final draft of a bill — itself often the product of much hard work — requires dealing with an ossified bureaucracy and several reviews by committees and relevant ministries before the cabinet’s approval is sought, and then it is presented to the legislators for voting. A simple majority is required for approval, after which the bill becomes law.

For the first time, beginning with the legislation on sexual harassment, women’s rights activists were closely involved with the drafting of the bills and behind-the-scenes lobbying with legislators. “We were very lucky because two of the parties in power, PPP and ANP, have a secular tradition,” says Aqsa Khan, executive director of the Women’s Organisation for Rights and Development. “Plus, several legislators have been women’s rights activists themselves. Some, such as Raza Rabbani and Afrasiab Khattak, have a human rights background. We explained the law to them and lobbied them to take the message to other legislators.”

There were many obstacles along the way. Some legislators at first simply did not understand the issues at hand (‘What is sexual harassment?’). Many of them were disinclined to read the drafts and activists had to write summaries for them listing the salient points.

Far more difficult to navigate were the regressive attitudes of several parliamentarians, who perceived the drive for pro-women legislation as a campaign for more ‘freedom’ which is always viewed in a negative light. The tendency to see religion as having inbuilt protections for a woman provided she remains in purdah and/or within the presumed ‘limits’ prescribed by religion, was a major stumbling block. “When a woman walks out of the house all dressed up, she is like a loaded gun,” said one legislator reportedly.

As expected, the proposed bill against domestic violence aroused the most ire, provoking allegations that its proponents were pushing a western agenda that would violate the sanctity of the home, lead to divorce and destroy families.

One legislator, a well-known figure from a religious party, thundered, “So we aren’t even supposed to have the right to give our wives two slaps?” Some legislators wanted to include a provision to punish a woman who could not prove her charge of domestic violence, but the women’s rights activists prevailed in their stand that it would be tantamount to intimidating the complainant.

The domestic violence bill has yet to be passed. Following the 18th amendment, this legislation would need to be taken up by the provincial assemblies. (Islamabad Capital Territory has, however, passed it.)

Despite the lack of success so far in that campaign, the passage of substantial pro-women legislation is testament to the tenacity of its proponents, both in civil society and parliament. “For the first time women were able to create political clout in the National Assembly,” says Anis Haroon, erstwhile chairperson of the National Commission on the Status of Women (NCSW). “Members of the women’s caucus worked together across party lines and on convincing their male party members. For example, PML-N legislators were initially very evasive, but their female colleagues persuaded them to come around.” In the end, say activists, so much momentum was built up that the reluctant male legislators knew that if they voted against the bills, it would make them, and their parties, look bad.


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Comments (12)

Ikram
December 10, 2012 2:37 am
A nation full of hypocrite muslims. No wonder we are paying for our sins with the wrath of Allah.
brighton rodeo
December 9, 2012 11:47 pm
Every man either he is in the west or east should start treating woman a equal human being.Government institutions are empowered by dominant male society to look upon down on the women. In eastern society no change is expected unless women are integrated in the main society and considered capable of producing productive results of their economic activities. In Pakistan first they are sent to elite institutions to acquire nice education and after marriage they are locked.What a waste of treasure. Most of the lagislators are foreigh educated but when they tackle problems in Pakistan they act like Jat. Bring a change in the centuary old blind mind.
GH
December 9, 2012 7:35 pm
We have to start educating our children to respect women in general whether she is a mother,sister or wife.That need to be taught in school.Besides that children learn from home too and repeat same behaviour when they grow up.
ahmad shoib
December 9, 2012 5:38 pm
unfortunately violence against women is entrenched in our society.and the culture of silence by society has further aggravated this problem.it is the need of hour for collective effort on the part of society for the end of violence.
Thoughtful
December 9, 2012 5:04 pm
Just passing laws is not enough. These laws need to be implemented. Can it be done in Pakistani culture?
Saima
December 9, 2012 4:30 pm
Once again, its not a legislation issue. Its a lack of education issue. Educate the masses and reap the benefits. Fight over the wording of law in a broken judicial system and a corrupt society... it will be a viscious cycle that will never end. It will only make the lawyers richer and our courts busier. The examples in some other countries of this is very evident without good results.
michael
December 9, 2012 3:21 pm
This is one of the most disgusting and violent crime. Men like these should be hanged in public so next time another man will think twice to do such a violent intolerable act on a woman.
Sagar Singh
December 9, 2012 2:28 pm
It is time for woman to fight for their right to life & dignity & justice in a secular polity.
ROHIT PANDEY
December 9, 2012 2:16 pm
A woman's status improves with socio-economic development and with rising affluence. Women are able to break away from the traditional purpose set as home makers and choose careers and be economically independent. Pakistan seems to be under suffocation- it bears the weight of traditionalism plus a regressive ethos foisted on Pakistan ...the fundamentalism that has set roots there. Sad to say,and difficult to accept for most Muslims- misogyny is an entrenched feature of all Islamic societies. When the economy thrives,when income levels rise,when the society embraces a liberal attitude things will change for the better?
Yousaf
December 9, 2012 1:35 pm
You stop being a man if you hit or abuse a woman.
asad riaz
December 9, 2012 9:07 am
personally i beleive that voilence against women is something disgusting...i really appreciate the activists and proponents of prowomen ho are really working to take halp from law to erase the mindsets....although it wud not b happening in overnight yet we shud not sit free......
Asim
December 9, 2012 7:41 am
When do we move on away from darkness? It has been so so long.