Last year some major laws for the protection of women’s rights were passed on national and provincial levels. You! takes a look...
Last year some major laws for the protection of women’s rights were passed on national and provincial levels. You! takes a look...
I n the year 2016, some major laws for the protection of women like Anti-Honour Killing Bill and Anti-Rape Bill were passed by the government. The amendments that were made to the existing laws are proof in itself that positive things are going to happen in 2017. We hope that this time our expectations from the government will be fulfilled, and laws for women protection will be fully implemented and hopefully we will see lesser crimes against women in the coming years..
Data shows...
Last year 9,553 cases of domestic violence against women were reported countrywide. According to a report, during 2016, 231 people including 185 women were murdered in the spate of ‘honour killings’ in Punjab. Among them was renowned social media celebrity Qandeel Baloch who fell prey to the wicked practice of honour killing. Moreover, 29 women were killed by their husbands in the name of honour.
Khyber Pakhtoonkhuwa (KP) reported the highest number of cases (200) of harassment at workplace. Vani, another cruel cultural practice, in which young girls are forcibly married as part of punishment for a crime committed by her male relatives, was reported from Punjab and KP. In Punjab 20 cases of Vani were reported in 2016, while in KP 18 cases were reported.
Punjab in the lead
According to Punjab Gender Parity Report 2016, incidents of torture on women increased by 20 per cent. The report also showed that 6,505 women were subjected to torture. According to Aurat Foundation, Punjab province alone accounted for 5,800 crimes against women. At least 75 cases of torture against women were reported between July and September 2016 at the Benazir Bhutto Women Crisis Centre, Multan.
On the national level:
Laws against rape and honour killing: In October last year, a joint sitting of both houses of parliament enacted two important, long-pending pieces of legislation, including the Anti-Honour Killing Laws (Criminal Amendment Bill) 2015 and Anti-Rape Laws (Criminal Amendment Bill) 2015. The first stipulates that an individual found guilty of murder in the name of honour will be liable to a life term, i.e. 25 years, even if he is ‘forgiven’ by his victim’s family. The other legislation, the Anti-Rape Law, has introduced sweeping changes to the way rape cases are investigated and prosecuted. For the first time, the collection and use of DNA evidence to prove rape has been given legal cover.
The law also sanctions police officials who sabotage investigations or obstruct justice in rape cases, and enhances the punishment for certain categories of the crime such as the rape of a minor or a physically/mentally disabled person. However, its enactment into law has been greeted with reservations in some quarters, mainly for the understandable reason that the crime remains a compoundable offence - i.e., one in which a compromise can be effected. That is a particularly ugly provision in the context of such killings where the family of the victim and the perpetrator are very often one and the same.
According to PPP leader, Shehla Raza, “Although the anti-honour killing bill is a commendable legislation, there are still some issues which must be addressed. The positive side is that the new legislation ensures even if the entire family of the victim pardoned the murderer, the murderer will still face a mandatory 25 years jail term without any remission.”
On the other hand, the anti-rape law serves the cause of justice somewhat better. In this regard, social activist, Asma Shah says, “By stipulating in-camera trials and the use of technological aids such as video testimony of victims and witnesses, it seeks to mitigate the humiliating ordeal rape victims are subjected to in court. This measure, along with that mandating the protection of their identity in the media, should encourage more victims to come forward and pursue justice. However, it is pointed out that the definition of rape and consent in criminal law remains incomplete and outdated, a shortcoming that the anti-rape law does not address.”
Bill protecting Hindu women’s rights
In September 2016, the National Assembly passed a landmark bill giving its small Hindu minority the right to register marriages - a law that aimed at protecting women’s rights. Activists say that Hindu women have been disproportionately targeted for abduction, forced conversions and rape because their marriages were never officially recognised and therefore not provable in court. Hindus make up approximately 1.6 per cent of Pakistan’s Muslim-majority 190 million population, but they did not have any legal mechanisms to register their marriages since independence. The new bill sets the minimum age for marriage for Hindus at 18. Breaking the law regarding the minimum age would result in six months’ jail and a 5,000-rupee fine.
Provincial Laws:
Punjab Women protection law: Provinces also focused on women-friendly legislation. The Punjab Assembly passed the Punjab Protection of Women against Violence Act (PPWAVA) in February 2016, which provides unprecedented legal protection to women against domestic, psychological and sexual violence. The bill is comprehensive and brings several previously ignored offences within its ambit, and covers domestic violence, emotional, economic and psychological abuse, cyber crime, stalking and abetting of offenders.
The bill also proposed the setting up of 24-hour, women-run, district violence-against-women centres with required services, including first aid, police reporting, FIR lodging, prosecution, medical examination, forensics and post-trauma rehabilitation under one roof, and accessible to women. The law criminalizes all forms of violence against women, however, the biggest issue has been its implementation, as laws are made but their enforcement remains weak.
Sindh passes Hindu marriage bill
Also, in February 2016, the Sindh Assembly passed the Hindu Marriage Bill 2016 becoming the first assembly in Pakistan to pass the respective bill. Since the creation of Pakistan, it was the first time that such a law has been passed. The Criminal Law (Protection of Minorities) Bill, 2015, makes forced religious conversion a punishable criminal act.
So many laws but no implementation
Mehnaz Rahman, resident director of women’s rights NGO, Aurat Foundation, shares, “Many laws were made in the year 2016 but like the previous laws, all will remain futile and will fail to produce real results due to lack of enforcement. In the late ’70s, the then government passed a law on dowry but this curse still exists. Then in 2000, the Musharraf government termed that honour killing would be treated as murder. As many as 10 crisis centres were set up by the ministry of women development to help victims of domestic violence. In 2009, a domestic violence protection bill was passed, but was not ratified by the Senate. Again, in 2011, the Senate passed the Acid Control and Acid Crime Prevention Bill to control acid attacks in the country, but to no avail. In short all these laws failed to make a difference.”
Renowned human rights activist, Zia Awan says, “Women laws promulgated in 2016 is a good step. However, the government needs to fix the ambiguities and flaws in the system. They need to introduce an implementation framework, which is more local, doable, and create awareness and consensus among the member parliamentarians as to what the laws mean and how they will protect women from violence within home boundaries.”
Abiding by the law is the key
Activists say that there still exists loophole in the system which allows the perpetrators to escape punishments. And even though the laws enacted last year are a step in the right direction, they are certainly not the last word on the serious crimes against women.
Social taboos don’t allow women to speak up, and fear of reprisal causes them to continue being victim of abuse. As a society we need to sensitise our men regarding this issue. It is about time that our women are encouraged to seek justice and relief and be active part of the national life.
