Law in reality

March 27, 2016

Effort should be made in making sure progressive laws about women see effective implementation

Law in reality

Sharmeen Obaid-Chinoy tells honour killing survivor Saba’s powerful story in a 40-minute documentary and bags an Oscar. Amidst dismissive murmurs with the predictable themes of conspiracy, and tarnishing Pakistan’s international image, Chinoy is officially celebrated as a hero in Pakistan.

The head of government arranges a special screening session for the film and congratulates the two-time Oscar winner on her achievement.

Then, he promises a bill against honour killing.

Pause.

Rewind to the year 2005.

"I feel hurt when people single out Pakistan at various international forums on the issue of violence against women. I will never stand with them. Instead, I will oppose them with all my power," laments the head of state back then. He is addressing the inaugural session of the ‘Regional Conference on Violence against Women’ at a hotel in Pakistan.

Mukhtaran Mai and ‘NGO-walahs’ are engaged in efforts to tarnish Pakistan’s international image. Let’s not wash dirty linen outside the country, let’s wash it inside the country - or better yet, let’s pretend there is no dirty linen to wash, pleads the state.

Not guilty, pleads Mukhtaran.

Nearly a decade later and after failing Mukhtaran, there is talk of the state’s dramatic change of course. Though the romance is compelling, it keeps one from appreciating the fact that it has been a long, arduous struggle for those who have been working for women’s rights in the country.

"This law (Women Protection Bill) is not a change of course; it is a continuation of a change that happened some time ago because of a combined effort of women activists and politicians against the backdrop of changing ground realities in society," says Nazish Brohi, a researcher and consultant in the social sector.

"The Musharraf regime introduced women’s parliamentary quota and that created space for women parliamentarians. With the combined support of PPPP, MQM and ANP, the Women Protection Act of 2006 was passed, which substantively blunted the Hudood Ordinance," Brohi adds.

"Then with the return of parliamentary democracy in 2008, the cross party Women’s Parliamentary Caucus was formed where the women politicians were pro-active; the Speaker Fehmida Mirza was actively involved and progressive women activist leaders appointed to the National Commission on Status of Women. They together opened channels of communication with women’s rights activists," she explains.

"As a result, they all managed the Criminal Law Amendment Act 2010, the Protection of Harassment of Women at the Workplace Act 2010, the Prevention of Anti-Women Practices Act 2011, the Acid Control and Acid Crime Prevention Act 2010 and the Women in Distress and Detention Fund Act 2011. Since then, many other progressive bills were moved that remained pending for political expediency," she informs. "So this current law is part of a build-up over the past decade, not a departure from it."

Where is the push coming from? What is motivating the state to take bold measures and venture into uncomfortable debates with the right?

With so many women stepping into the public sphere -- getting higher education, climbing the corporate ladder and at the forefront of political dharnas and revolutions in the country, the ante has already been upped for political parties and policymakers to respond to the changing times. Add to that, the increasing pace of urbanisation, the pro-development and economic growth- centred agenda of the ruling party -- the urgency with which social and legal reform that guarantees and protects the rights of women is needed has increased substantially.

"Women’s participation in public life has definitely increased especially in non-traditional roles. That’s the interesting shift. Today, in all sorts of professions, women are visible and in increasing numbers," says Afiya Shehrbano, a sociologist.

"In small towns and cities, women are becoming more and more mobile. They are moving residences to do jobs. This is significant for me. Of course, there is pressure for policy-makers to respond," she adds.

Shehrbano maintains that mobility is a key indicator of change but does not attribute the transition solely to state policy. According to her, "This is the way globalisation and capital influence change, especially in work and labour."

However, in her opinion, such changes aren’t always positive. "It can be very exploitative too. The role of the state is to protect such consequences where women have to bear the brunt of a backlash to their new roles and their mobility," she emphasises.

Talking about the timing of initiatives to improve the state of human rights with the state, tackling issues like child labour, minimum wage and women’s rights simultaneously, she adds that "The state is trying to catch up with the world on rights-based policies. This is the key factor in attempting to redefine Pakistan as a post-conflict country (which it is) and change our course. Women’s rights is a big litmus test and symbol of such progress (just like it is for regressive forces who want to showcase their ideology and intent of rule)," she says.

On the reaction of the religious right to the Women Protection Bill in particular, she says that "Laws influence attitudes as well so it’s threatening those who exploit and act as obstacles to rights. All in all, the state must be supported and pushed towards legislating more and the judiciary and law enforcement agencies should be encouraged to respect and do their part, too," she maintains.

"In the 1980s and 90s, the state was complicit with conservative rightwing forces, especially in attempting to define and colour the state and society as ‘Islamic’ according to masculinist definitions. Today, we see it opening up to the possibility of more pluralistic debate and consensus in which women’s voices are included and influence laws and policies," she hopes.

"We cannot be sure of the politics behind these laws. The focus should really be on the implementation. The "protective systems" that the Protection of Women against Violence Bill aims at creating, for instance," says Aimen Bucha, an Awami Workers Party (AWP) activist

"The focus right now should be on ensuring that the government actively works on addressing questions related to the development of this infrastructure within the 120-day time-limit mentioned in Section 29(2) of the legislation," she adds.

The state’s new direction vis-à-vis how it treats women owes itself to various changes on the national and international level and should also be seen in the context of developments on other fronts, such as economic integration and engagement and increased global connectivity.

If Pakistan is to figure anywhere in regional/ international economic and political blocs, it must show resolve to pave way for social uplift.

But, these too are among the many factors that contribute towards creating an environment which enables the state to take corrective action.

When women make up for nearly half of the total population of Pakistan, there is no reason any sane political party would put their welfare on the backburner. Even reaching out for their vote means that reality is somehow sinking in and that dividends can be reaped. It has taken a long time for the state to get its head out of the sand and in the game -- to come to terms with its dirty laundry.

Engaging in analysing intentions may not only be premature but might take the focus away from the issue itself. Energy, instead, should be spent on making sure progressive laws see effective implementation.

Law in reality