In the face of little efforts made to introduce pro-women laws in Pakistan, no relief in the continued oppression against women in Pakistan has been observed. Women are facing a frightening level of discrimination and multiple forms of violence in Pakistan. Crimes like honor killings, rape, acid throwing, forced conversion to Islam, forced marriages, custodial torture, trafficking, domestic violence, dowry violence, abduction, forced prostitution and incest still go unchecked in the country. In year 2013, at least 6516 incidents of crime against women were reported including 2602 in Punjab, 1883 in Sindh, 1181 in Khyber-Pakhtunkhua, and 864 in Balochistan. [1]
In Pakistan, the dominance of local culture and traditions in addressing the issues of violence against women, law-and-order and the dispensation of justice cannot be overlooked. Informal justice systems and other theoretical prototypes such as socio-economic status, gender, caste, and beraderis (clan/tribes) have a solid demeanor in the dispensation of justice. This social structure has, for many decades, encouraged violence against women in Pakistan that prevails in various horrifying forms.
According to Human Rights Commission of Pakistan, 291 “honor killings” were reported in year 2010.[2] Under Sections 299, 302 and 311 of Pakistan Criminal Code, honor killing is punishable with imprisonment of up to 25 years. Even so, it is to one’s disappointment that in 21st Century, Qisas and Diyat Ordinanace of 1984 that makes murder a pardonable offence, still holds its firm ground in the Pakistani society and let the perpetrators go scot-free. In year 2011, around 595 of the women killed were accused of having “illicit relations” and 219 of marrying without family consent.[3] In August 2014, in a similar incident, a man and a woman were shot dead in the name of honour by one of their relatives in Jaffarabad district, south-east of the Balochistan Province.[4] In yet another awful demonstration of honour killing and rule of law, a 25 year old pregnant women was attacked with batons and bricks killing her outside the precincts of Lahore High Court, in broad daylight by almost 20 of her family members.[5]
In the land where a marriage of your own choice is for blessed ones, forced marriage is another common evil. Although by law, forcing women into marriage is an offence punishable by imprisonment of up to 10 years and fine of Rs. 5 lakh (almost US $4863), 708 cases were reported against forced marriages in 2013 as compared to 684 cases reported in 2012.[6]
However, forced marriage is often and more common in the form of “Child Marriage”. Not long ago, in August 2014, a 35 year old man attempting to marry a 12-year-old girl was arrested 45km from the Muzaffarghar city in Punjab Province.[7] Child marriage continues to be another heartbreaking reality of life of women in Pakistan that is widely practiced and reinforced by customs that commoditized girls. In a country with 48.6 per cent of its population as female, one woman in every 20 minutes dies during childbirth and the major cause of the high maternal mortality ratio 276 per 100,000 live births is child marriage.[8] The tyranny of situation is justified, besides financial needs, under the banner of various customs; ‘WattaSatta’, exchange of young brides between two parties; ‘Paitlikkhi’ (literally written on stomach) two families agreeing to marry their children before they are born or are still young; ‘Swara Vani’, girls given in marriage as a form of dispute resolution; ‘Vulvar’, a system of bride price in Balochistan, and Addo-Baddo, practiced in Sindh, in which families agree to marry their young daughters to boys of other tribes. Even the ‘Child Marriage Restraint Act 1929’ has not yet proved to be strong enough to outlaw the long ruling such customs prevailing in the Pakistani society.
Under another law, Prevention of Anti-Women Practices (Criminal Law Amendment) Act 2011, compelling a woman into ‘swara’ or ‘vanni’ is an offense punishable with imprisonment of up to 7 years and a fine of Rs. 300,000 (almost US $2919). Article 4 of the Constitution of Pakistan says, “…no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law.”
Despite which, ‘swara’ and ‘vani’ enjoy a noteworthy level of legitimacy in the name of ‘qisas’ and ‘diyat’ since these laws permit compromise and settlement between families in order to settle feuds.
The narrative of Pakistani women has a lot more chapters to it. Next in line, rape is another stark reality. The National Crisis Management Cell (NCMC), a subsidiary institution of the interior ministry, made available a report revealing that the police had registered some 10,703 cases of rape across the country from 2008 to 2013. Statistically, Punjab police registered the highest – 8,806 of the total 10,703 rape cases. However, some 22 rape cases were registered in Gilgit-Baltistan, 86 in Balochistan, 295 in Islamabad the Capital, 722 cases each in Khyber-Pakhtunkhwa (K-P) and Sindh Province.[9]
Under Section 376 of Pakistan Penal Code rape is punishable with death or imprisonment of upto 25 years along with a fine. The most unfortunate and attention-grabbing glimpse of access to justice for the victims is that out of 103 rape cases registered in Islamabad during 2009 to early 2013, the conviction rate was zero.[10]
Furthermore, an Academy and Emmy winning documentary film, Saving Face, also could not do much to decrease thenumber of acid victims in the country. From 2007 to 2013, around 949 cases of acid attacks have been reported in Pakistan. Among the total number, majority of cases (589) were reported from Punjab region.[11] The government’s effort to pass the Criminal Law Amendment Act in 2011 that makes acid throwing a crime against the state and bears with it a penalty of 14 years to life imprisonment and a fine of Rs. 1million (approximately US $9,747), like many other similar laws, has only proved to exist on papers and does not translate to real equality and justice.
In addition to this nightmare scenario, invisible violence goes hand in hand with the visible forms adding to the complexity of the crisis. There are thousands of girls in Pakistan, prevented from acquiring education, especially of their choice; destruction of girls’ schools has been nothing new especially in the north; restrictions on women’s mobility is not only what women in rural Pakistan are suffering but in the urban side too; denial of jobs on merit and equal wage for equal work is yet another form of violence women have to face at workplaces regardless of being a part of big cities.
According to the Global Gender Gap Report 2013, published by the World Economic Forum in collaboration with faculty at Harvard University and the University of California, Berkeley, Pakistan ranks as the world’s second-worst country in terms of gender equality and equitable division of resources and opportunities among men and women. The report observes a difference of 23 positions to 112 out of 135, the position in 2006.[12]
The report is another wake-up call for serious considerations. In an era where Gender Equality and the Empowerment of Women records an increased rate of girls entering secondary school system around the world, justice remains inaccessible for thousands of women in Pakistan. It remains to be a part of world where women are not known by their own names but by the names of the nearest male kin: daughter of so and so, wife of so and so. We are a nation in which half of our population is invisible – cooking, cleaning, sewing, and taking care of the children, but never seen or heard.
It is also extremely dejecting how the discriminatory attitude towards women and children in Pakistan has always been wrongly linked to religion. The culture, family traditions and customs have become the basis for discrimination with female population and are wrongly attributed to religion. Extremism, intolerance and violence against women is the outcome of social prejudices, outmoded customs and education deficit.
Therefore, it has become essential to educate masses especially women and create an extensive acceptance and recognition of basic human rights, rule of law; equality and the right to justice for all, particularly in rural and tribal areas where cases of violence against women are often dealt with through improper and illegal courts, usually referred to Jirga System (private parallel judiciary system).
Further, pro-women laws need to be practically implemented and not kept as only a record of written documents and political achievements. The law makers need to bring into focus Qisas and Diyat Ordinance 1984 that makes murder a pardonable offence. In addition, domestic violence, treated as ‘private matter’ needs to be criminalized. In the process, the conferring of the right to divorce to women in the ‘Nikahnama’ (marriage contract) needs to be popularized to save the women who want divorce from the hassle of flagging in courts. Furthermore, early marriages should be monitored and controlled throughout the country.
Changes in the law, when properly enforced, lay the groundwork for changing attitudes thus, improving women’s position in society. This would also necessitate gender sensitization for lawyers, police and judiciary. Rule of law is pivotal in this transformation.
Next in process, women should be put on the frontline of justice delivery. As police, judges, legislators and activists, women participation should be encouraged. For which, Pakistan needs to start investing in justice system that can respond to women’s needs.
As for women in rural part of Pakistan where levels of sexual violence are very high, creating specialized courts such as mobile courts in the Democratic Republic of the Congo and as recently introduced by the government of Khyber-Pakhtunkhwa, could be an efficient idea in bringing justice to women in remote rural areas. The remaining provincial governments could also follow the footsteps of government of Khyber Pakhtunkhwa for establishing ‘Lady Complaints Unit’ at Police Stations. Furthermore, as in Sindh, the establishment of ‘One Window Facility’ for Women Victims of Violence could also help serve the purpose of access to Justice and ensuring Rule of Law for women.
The law makers need to pay serious attention and adopt a more proactive approach in pushing forward bills and amendments such as the Domestic Violence Bill, Prevention and Control of Internal Women Trafficking, Comprehensive Provincial Legislation on Acid and Burn Control and an amendment in the Child Marriage Restraint Act 1929.
Horrid social customs, centuries-old patriarchal traditions and religious norms coupled with lack of Rule of Law have devastating effects on women in Pakistan. Crimes such as rape, acid attack, domestic violence and other on the list are committed as an expression of power over women. Their impact will be diminished only when our society condemns their perpetrators. And this can never be achieved as long as the women population of the country continues to be ruled out from the Rule of Law.
Written by Shumaila Ishfaq, Research Fellow at CRSS.
She can be reached at Shumaila@crss.pk
[1] “1600 Pakistani women murdered, 370 raped in 2013,” The Nation, March 7’ 2014, http://www.nation.com.pk/national/07-Mar-2014/1600-pakistani-women-murdered-370-raped-in-2013
[2] www.hrcp-web.org/hrcpweb/report14/AR2013.pdf
[3] “Nearly 1,000 Pakistan women ‘killed for honour,’Express Tribune, March 22’ 2012, http://tribune.com.pk/story/353572/nearly-1000-pakistan-women-killed-for-honour/
[4] “Man, woman killed for ‘honour’, Dawn, Published August 7’ 2014, http://www.dawn.com/news/1123847/man-woman-killed-for-honour
[5] “Pregnant Pakistani woman stoned to death by family,” The Guardian, Published May 28’ 2014, http://www.theguardian.com/world/2014/may/27/pregnant-pakistani-woman-stoned-to-death
[6] “708 early, forced marriages reported last year,” The News, Published February 22’ 2014, http://www.thenews.com.pk/Todays-News-4-234231-708-early-forced-marriages-reported-last-year
[7] “Police foil child marriage bid; ‘groom’ flees”, Dawn, Published Aug 25’ 2014, http://www.dawn.com/news/1127608/police-foil-child-marriage-bid-groom-flees
[8] “Child marriage behind high maternal mortality rate,” Dawn, Published January 19’ 2012, http://www.dawn.com/news/689119/child-marriage-behind-high-maternal-mortality-rate
[9] “NCMC report: Pakistan witnesses rise in rape cases,” Awaz TV, Published October 10’ 2013, http://www.awaztoday.com/News_NCMC-report-Pakistan-witnesses-rise-in-rape-cases_1_37932_Political-News.aspx
[10] “103 rape cases: Zero conviction stuns senators,” Dawn, Published December 13’ 2013, http://www.dawn.com/news/1072163
[11] “949 cases of acid attack reported from 2003 to 2007,” The News, April 15’ 2014, http://www.thenews.com.pk/todays-news-6-244246-949-cases-of-acid-attack-reported-from-2003-to-2007
[12] “Pakistan second-worst country in gender equality: WEF,” Dawn, October 25’ 2013, http://www.dawn.com/news/1051796