Beruflich Dokumente
Kultur Dokumente
IN PAKISTAN
Health, Education, Law, Employment waghera
waghera
This section is almost certain for one
question
■ To start with, you will need to use words like:
– Androcentrism
– Misogyny
– Lack of inclusivity/ gender representation in policy making
– Consequent gender insensitivity of policies
– Cultural barriers and change averseness (Attitude trap)
– A general reference to
■ How we construct gender &
■ our binary understanding of gender
Before I start, take a look at these
questions:-
■ “Women active political participation could stabilize democracy
and boost economic development.” Comment on this statement
within context of socio-economic realities of Pakistani society.
■ What is the status of women’s health in Pakistan? How it could be
improved within the available economic resources?
■ “Powerful forces of globalization have highlighted various gender
issues across cultures and throughout the globe.” Discuss by
quoting examples from developing countries.
Women & Law
■ INTRO:
– Violence against Women is a global issue which has very long
history;
– Women were treated as a commodity and considered inferior
to men since ancient times;
– Most states enforced a common law, which stated a husband
had the legal right to control his wife and all her possessions
– DO NOT FORGET TO MENTION how the women in west
were denied contractual rights, right to hold/possess
property, suffrage rights and it was only the 1st wave of
feminism in late 19th century which raised voice against this
by seeking a reform in the then legal framework.
Pakistan: Need for Law making for women
■ Law is needed where culture lacks a provision and/or needs reform.
■ Pakistan is a developing country with great extremes in the distribution
of wealth between social classes, high rate of illiteracy among women,
socio-economic and cultural problems etc.;
■ Though Pakistan has a constitution which guarantees equality, however
there is a significant disparity between these statements of principle and
day to day reality;
■ Problems faced by women in the present system are based on,
patriarchal structure of society, social factors such as illiteracy, economic
dependence on male partners within family, no value of their decision in
family problems, cultural and social norms, socio-customary practices
are prevalent in all spheres of every day life
…Cont
■ Women are the victims of:
– Murder
– Domestic Violence
– Human Trafficking
– Physical and Sexual Abuse
– Kidnapping
– Rape and Gang rape
– Acid thrown and burning
– KaroKari (Honor killing)
– Sawar
– Vani etc.
Pakistan is signatory to Several International
Agreements
■ Universal Declaration of Human Rights
■ International Convention on the Elimination of All Forms of Racial
Discrimination;
■ International Convention on the Suppression and Punishment of
the Crime of Apartheid;
■ Convention on the Prevention and Punishment of the Crime of
Genocide;
■ Slavery Convention of 1926 as amended;
■ Supplementary Convention on the Abolition of Slavery, the Slave
Trade, and Institutions and Practices Similar to Slavery;
…cont
■ Convention on the Rights of the Child (CRC)
■ Signatory to the Stockholm Declaration and Agenda for Action
against Commercial Sexual Exploitation of Children.
■ Optional Protocol to CRC
■ ILO Convention 182
■ SAARC Convention on Trafficking
■ Convention for the Suppression of the Traffic of Persons and of the
Exploitation of the Prostitution of Others.
■ Convention on the Elimination of Discrimination Against Women
(CEDAW)
Impediments in Access to Justice
■ Situation worsens when victims suffer from impediments in Access to Justice as:
– Victims of Domestic Violence have virtually no access to judicial
protection and redress. Officials at all levels of the criminal justice system
do not consider domestic violence a matter for the criminal courts.
– Domestic Violence is routinely dismissed by law enforcement authorities
as a private dispute. Female victims who attempt to register a police
complaint of spousal or familial physical abuse are invariably turned
away.
– Worse, they are regularly advised and sometimes pressured by the police
to reconcile with their abusive spouses or relatives.
■ Despite presence of laws like Domestic Violence (Prevention & Protection) Act
2012, Punjab Protection of Women Against Violence Act 2016 etc.
..cont
■ The institutionalized gender bias that pervades the criminal justice
system, women alleging rape are often disbelieved and treated with
disrespect, indeed harassed outright, by officials at all levels.
■ These women were forced by the system to contend with abusive
police, forensic doctors who focus on their virginity status instead
of their injuries, untrained prosecutors, skeptical judges, and a
discriminatory and deficient legal framework.
■ Lack of access to justice for all.
Legal System in Pakistan
■ Pakistan is a country where parallel judicial systems operate.
■ Litigation is a lengthy and expensive process, and beyond the
means of the marginalized and ignorant women & children
sufferers of severe violence;
■ The patriarchy plaguing our judicial system has rendered the 1973
Constitution of Pakistan contradictory. In that; where in one hand
Article 25 of the Constitution guarantees equality of rights to all
citizens irrespective of sex, race, and class and empowers the
Government to take affirmative action to protect and promote
human rights. On the other hand, there are several laws that have a
skewed male centric approach & clearly violate the basic principles
of gender equality and social justice.
…cont
■ For example:
– In the law of evidence two female witnesses are equal to one man.
– The Qisas and Diyat law declares the worth of women’s life as half of that
of a man.
– In the Hudood laws women’s testimony is excluded in the cases of Hadd.
– The burden to prove the crime is shifted to the female victims by
producing four Muslim male witnesses in a rape case.
– Pregnancy is considered a proof of consensual sex even when it is the
result of rape. The case of Zafran Bibi is well-known in this regards.
– The Hudood law confuses physical maturity with mental maturity. A
female is considered an adult at 16 or puberty, whichever is the first. This
means a girl at the age of eight or nine, who has reached puberty, is made
liable to punishment under the law.
…cont
■ The Hudood laws violate the rights of the child by removing legal protection to
children. In the earlier law older children were liable to punishment only after
their mental maturity was established.
■ Hudood law makes no distinction and makes children liable to punishment.
■ Furthermore, these laws violate the rights of minorities by not admitting their
witnesses in cases where crimes have been committed against Muslims
These laws are clearly in conflict with the constitution of Pakistan
which says no discrimination on the basis of sex and with the
international commitments Pakistan made as a signatory to
CEDAW and the Beijing Platform of Action.
If you are thinking Hudood Law is purely
Islamic…
■ The Pakistan People’s Party’s government set up an inquiry
commission in 1997 and PML (Q) assigned The National
Commission on the Status of Women in 2002 to review Hudood
laws. Both commissions concluded that:
– these laws were un-Islamic, unjust and full of lacunas.
– They argued that these laws were formulated in haste and
badly framed.
– The legal anomalies cannot be corrected through introducing
amendments.
– Thus they recommended the repeal of the Hudood laws.
Positive Steps taken by Government
■ In different timings the government has taken some steps fro the
promotion and protection of women’s rights which includes:
– Setting up of a permanent women commission for up lift of
the women status in country;
– Introduced 33% reserved seats for women in parliament;
– Involvement of women in city government;
– Initiated discussions and taken steps against discriminatory
socio-customary practices;
– Cooperation with Civil Society Organizations;
– Promulgation of Prevention of Human Trafficking Ordinance
…cont
– Ratification of SAARC Convention on Human Trafficking;
– Signed the SAARC Social Charter that aimed at promoting welfare of the
people of South Asia and accelerating economic growth followed by social
progress;
RECOMMENDATIONS
■ International Protocols & Conventions
• Govt: should develop mechanism for strict implementation of
UN/International/Regional Protocols & Conventions being ratified by the country.
• Judiciary: Upper and lower judiciary should make efforts for early disposal of
cases as Justice delayed Justice Denied.
• The Supreme Court of Pakistan under article 184(3) of the Constitution should take
up the issue of women protection and monitor government’s action in this regard.
• Higher judiciary should encourage the Public Interest Litigations (PILs).
…cont
■ A Lady Ombudsman should be appointed to check the violence
against women and redress their problems with independent
judicial powers
■ Implementation of Article 9 of the Constitution of Pakistan, which
says:
“No person shall be deprived of life or liberty save in accordance with
law”
and take the provision of legal aid as Right to Life;
■ Arrangements to provide free legal aid at district level must be
made ;
WOMEN ■ Forty four percent of children under 5 are
stunted and unlikely to reach their full