Women rights, laws & existential hurdles
IN Pakistan, women have been sweltering in the heat of numerous social, legal, cultural and economic challenges since the day of inception. Gender-based violence, workplace harassment, depriving women of their fundamental rights as guaranteed in constitution of Pakistan 1973, low wages, and much more are the most important issues which are considered as major barriers in women empowerment. The roots of most of the issues can be traced back to patriarchal family patterns. Mostly males are sexually depressed and frustrated in our society that perpetuates harassment at workplace, public place, physical and verbal violence.
Following some ground realities while investigation of rape cases, blacksheeps in the police department, legal fraternity, and prosecution are major impediments who have direct or indirect nexus with women gangs which misuse the laws related to women for the sake of material interests. The role of prosecution is very important in criminal cases whose major role is to assist judges to dig out reality so that justice could be provided to the aggrieved person. However, prosecution spoils mostly cases because of some malpractices, lack of interest and material benefits. Even, defective investigation by Investigation Officer (IO) leads to misguide prosecution and judge during the phase of trial. Even, police especially IO adopts certain traditional ways to extract money from both parties- victim and culprit- that is major barrier in dispensation of justice. Witnesses are also threatened to record their statements by police as well as by culprit. So, disappearance of witnesses is another main hindrance to give justice to aggrieved women in rape and harassment cases.
On the Index of Georgetown Institute’s women, Peace, and security, Pakistan has been ranked among the worst societies regarding gender-based violence. As a nation, we secure 164 out of 167. The report of Reuters Foundation declared Pakistan as the most dangerous country for women. Available statistics are very shocking that depicts that 70 to 90% married women face physical, psychological or economic abuse from their partners or other males of family while living in a joint family system.
Strict laws following the societal ground realities with fair implementation can improve the worst condition. No doubt, serious steps have been taken by Pakistan to fulfill its obligations for provision of safe environment and secure future to women by overcoming challenges being faced by women. Many laws have been passed in previous years to establish an effective mechanism for protection, relief and rehabilitation of women such as Anti-rape (Investigation and Trial) Act, 2021, Criminal Law (Amendment) Act, 2021, the Enforcement of Women’s Property Rights Act, 2020, Prevention of Electronic Crimes Act, 2016, Protection Against Harassment of Women at Workplace Act 2010, Women in Distress and Detention Fund Act, 1996 with amendments in 2018 and 2012, the Dowry and Bridal Gift (Restriction) Act, 1976, Child Marriage Restraint Act, 1929, Criminal Law (Amendment) Ordinance, 1984 (Stripping of women’s clothes, 354A), Criminal Law (Amendment) Act, and 2004 (Badal-i-sulh, Honor Killing).
Punjab Assembly also took drastic measures to protect the rights of women regarding harassment, rape, trial of rape, property right and investigation of rape. Punjab Protection against Harassment of Women at the Workplace Act, 2012, Punjab Fair Representation of Women Act 2014, the Punjab Reproductive, Maternal, Neonatal and child health Authority Act, 2014, Punjab Protection of Women against Violence Act, 2016, Punjab Women Protection Authority Act, 2017, and many other laws which directly or indirectly deal women have been enforced which are considered as the great milestones Women are feeling more secure and more empowered because of these laws.
Sindh government also gives special attention to women rights to build a conducive environment for women in the province. For that purposes, Sindh Reproductive Healthcare Rights Act, 2019, Sindh Women Agricultural Workers Act, 2019, Sind Commission on the Status of Women Act, 2016, Sindh Child Marriage Restraint, Act, 2013, Sindh Protection of Human Rights Act, 2013, Sind Child Protection Authority Act, 2013, and Sindh Hindu Marriage Act, 2016 have been enforced so that women could feel secure and protected.
KPK governments also legislated to provide protection to the basic rights of women following the spirit of constitution 1973. Khyber Pakhtunkhwa Domestic Violence against Women Act, 2021, Khyber Pakhtunkhwa Reproductive HealthCare Rights Act, 2020, Khyber Pakhtunkhwa Enforcement of Women Ownership Act, 2012 are the most important laws which have been enforced in the province.
The situation of women rights in the province of Balochistan is volatile. Specially, inhuman cultural practices are being perceived as the major impediments for their welfare and protection in different spheres of life. To mitigate the effects of cultural practices and other challenges, governments of Balochistan made great strides regarding formulation of laws to overcome the gender-based challenges. The Balochistan Domestic Violence (Prevention and Protection) Act 2014, Balochistan Harassment of Women at Work place Act, 2014, Balochistan Child Protection Act, 2016, Balochistan Witness Protection Act 2016 and certain other laws are playing a vital role for protection of women rights in the province.
All departments including lawyers, prosecution and police should play their role to protect the rights of women. Malpractices should be discouraged so that justice could be dispensed. State should also realize the malpractices by blacksheeps of each department and should legislate to discourage the tendency with fair implementation of the laws related to women so that we could meet our pledges being a party to Convention on the Elimination of all Forms of Discrimination against Women, International Covenant on Economic Social and Cultural Rights (ICESCR), and the International Covenant on Civil and Political Rights (ICCPR).
—The writer is is practicing as a civil and criminal litigator. He is also a researcher on international law and human rights.
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