Translation of Constitution underway for public to understand their rights better

Lack of awareness about laws basic reason behind ineffective implementation, says SAPM on Law

Islamabad

To enhance awareness about fundamental constitutional rights among public, the government is in the process of translating the constitution in easy Urdu and 17 volumes out of total 28 have already been translated.

The information was shared by Special Assistant to Prime Minister (SAPM) on Law Ashtar Ausaf Ali at  the launch of a research study titled ‘Assessment of Medico-Legal Services from a Gender Perspective: A National Study’ organised by the Women Parliamentary Caucus (WPC) on Wednesday. Minister for National Health Services, Regulations and Coordination Saira Afzal Tarar was the chief guest on the occasion.

The research was conducted by Research and Development Solutions with the support of Australian Aid and Trocaire. The study was conducted in collaboration with Ministry of Human Rights, and National Commission on the Status of Women (NCSW). Through qualitative interviews with nearly 100 stakeholders at federal and provincial levels the research aims to provide an overall picture of the practices and functioning, along with gaps of the medico-legal system.

Speaking on this occasion, SAPM on Law Ashter Ausaf said that one of the important reasons for ineffective implementation of laws is lack of awareness about the laws among law enforcers, prosecutors, lawyers and  as well as general public. “To address this widespread issue, the government decided to translate the constitution,” he said.

Talking about the gaps in the implementation of laws, he said that besides social mindset, dearth of budget hinders the effective implementation of law. He urged parliamentarians to raise questions regarding budgetary allocation and accountability of implementation mechanism in the parliament.     

The research findings were presented by the lead researcher Ayesha Hameed Khan which identified huge gaps in medico-legal heath system throughout the country. It says that options for and access to GBV services are not known or available to women in poor and remote rural communities. On average survivors take from 1 day to 2 weeks before seeking medical or police help or any external help.

It says that while government and NGO run shelters are available in larger urban centres, their space availability, coverage and scope of services are far less than identified needs. There is 1 centre for 10,000 women or more and information or resources of these centres are limited.

It further says that after 3rd year medical school, there is no further training or skill development for medico-legal (ML) doctors. Furthermore there is an absence of interest in joining, learning or considering the importance of the medico-legal aspect by medical graduates, hospital administration and health decision makers which in turn influences the numerous deficiencies and lack of standard practices while conducting the medico-legal examination and certification.

The study also points out significant variability and limited functioning of ML facilities below the DHQ (district) and says that both in terms of social taboo and low numbers of reported cases, rape and sexual assault associated ML cases very low on the priority list and recognition of medico-legal officers. Having received no trainings for conducting ML examination of sexual assault victims, ML officers are unable to counsel or empathize for the psychological state of the victim, and counselling services are absent even in large hospitals.

In addition, there are no set SOPs for Medico-Legal Examinations except in Punjab. Even in Punjab beyond a few centres in Lahore the recognition of these SOPs is missing and in all four provinces there is no defined list of necessary or adequate ML examination supplies.

On the other hand, the certification process is paper-based and open to challenges of later stage editing, corruption and internal inconsistencies that weaken the case.  It says that in across all socio-economic and ethnic spectrum there is an immense distrust of the police. Generally police officers were disinterested in the issue of gender and medico-legal research and cases, and consider rape cases “nuisance” and extra work to be quickly done. Rape cases or women related violence represent less than 1 per cent of the overall case load and are not a priority unless supported by senior phone calls or NGO or media presence. Women police officers are rarely present at police stations and restricted to women police stations without being active in registering GBV cases.

It states that despite the good work being undertaken there is a lack of basic coordination among the various entities working in GBV. There is very limited publically available data on GBV statistics. The report also points out absence of research on the economic and health implications of GBV on society and policy implications on restricting mobility and oppression of women

The research noted that the primary drivers of a low responsive medico-legal systems continue to be the widespread societal tolerance and acceptance of physical and sexual (including other categories) of violence against women/girls.

Surgeon Medico Legal, Punjab, Waseem Haider, informed the participants that the provincial government is trying best to improve the medico legal mechanisms in the province. He said that the Punjab government is establishing Violence against Women Centre (VAWC) in all districts where all services will be available under one roof. “The first centre will be inaugurated by the Chief Minister in November,” he said.   

Australian High Commissioner Margaret Adamson said that governments and civil society have a collective responsibility to contribute to international efforts to improve the safety of, and opportunities for, women and girls globally.

National Coordinator for NACTA, Ihsan Ghani, said that combined efforts are required to address the menace of gender based violence from the society. Former Chairperson National Commission on the Status of Women urged provinces to introduce Gender Management Information System as has been implemented in Punjab government. She also praised Gender Equity Report and Women Protection Bill in Punjab.