DISSERTATION ON HUMAN RIGHTS /
WOMEN’S RIGHTS WITH SPECIAL
REFERENCE TO PAKISTAN.
A COMPARATIVE STUDY
Presented by:
Muhammad Tariq Ali
LLM Session 2007-08
Roll No. M-13337
Presented to:
Supervisor / Professor Barrister
Mr. Khurram Saleem Baig
Dean Faculty of Law
UNIVERSITY OF SOUTH ASIA
LAHORE, PAKISTAN
1
Dissertation on Human Rights / Women’s
Rights with Special Reference to Pakistan.
SYNOPSIS
Chapter
#
Subject
Page
1.
Introduction to Human Rights
1-17
2.
UNO Declaration for Human Rights
18-23
3.
UNO Women’s Rights Declaration
24-38
4.
Women’s Rights Study with Special
Reference to Pakistan
39-60
5.
Women’s Right Violation in Pakistan
61-96
6.
Protection of Women (Criminal Laws
Amendment) Act, 2006
97-114
7.
Recommendations
115-117
8.
Conclusion
118-123
9.
Leading Cases
124-127
10.
Bibliography
128-129
2
CERTIFICATE
Certified
that
LLM
dissertation
on
the
topic
“Human Rights/Women’s Rights with Special Reference to
Pakistan” (A Comparative Study) by Mr. Muhammad Tariq,
LLM Session 2007-08 Roll No, M-13337 has been approved.
Prof. Barrister
Khurram Saleem Baig
Dean Faculty of Law
University of South
Asia, Lahore
3
DEDICATION
To My Mother
Mrs. Zohra Jabeen a great symbol of love and affection.
She is so courageous and motivator for me all the times so kind
and humble. I gain knowledge and wisdom of life from her.
AND
My Father
Ch. Akbar Ali (Late) who was the most kind and humble that
teaches me a lesson of greatness. His prayer always helps me
in every field of my life.
4
ACKNOWLEDGEMENTS
The writing of this thesis is an Adventure and Pleasure for me as a student of law.
This research work give me a lot of opportunity to extent my wisdom and
knowledge on comparative studies.
In this adventure I have learnt a lot from some outstanding people. Barrister
Khurram Saleem Baig has instructed me and also being my supervisor gave me
valuable advices which lead me to complete my task.
I
am
really
grateful
to
my
teachers
at
department
of
law
of
University of South Asia.
In this era the whole world has become a global village. United Nations especially
worked for the protection of Human Rights and Feminists are working for the
protection of Women Rights. For this purpose the media is working a lot. So, I
decided to meet the task and work upon the comparative study of Women Rights
with special reference to Pakistan.
As Islam has protected the rights of women no other society and religion can.
The classical Islamic literature already has a firm ground to justify Human Rights
for every Human being, regardless of his Colour, Race, Caste, Religion, Sex,
Language, Culture and Class.
Finally the rights as preserved by the Islam are concrete for the development of
society for peaceful family life and to civilize the culture. It is need of the time to
follow and implement the real sense of these rights for the peace and prosperity of
the society.
Thanks all the persons who helped me to complete this dissertation. Thanks
Almighty Allah who is so kind and merciful. With the help of God given
capabilities I am able to complete this thesis.
Ch M Tariq Ali Goheer
Advocate High Court
5
Chapter No.1
INTRODUCTION TO HUMAN RIGHTS
Origin, Evolution and Growth of Human Rights
Meaning of Human Rights
“Human rights” means the rights relating to life, liberty, equality and dignity of the
individual guaranteed by the Constitution or embodied in the International Covenants and
enforceable by Courts in Pakistan. 1
Concept of Human Rights old one
The concept of Human Rights, embodying the minimum rights of an individual
verses his-own State, is as old as political philosophy.
Concept of Human Rights is as old as ancient doctrine of natural rights' founded
on natural law, nonetheless, the expression of “Human Rights” is of recent origin,
emerging after the end of the second world war.
History of Human Rights:
For centuries past, women all over the world have not only, been denied full justice,
social, economic and political but as a "weaker sex" they have been used, abused, exploited and,
then discarded to lead immoral, street vagrant and destitute life till their death. Although they
constitute about half the total population and have contributed and sacrificed not less than men in
the national freedom struggles at any point of time but they have been deprived of their due
shares in various arenas of activities and have been' subjected to inhuman and humiliating wrongs
from birth to death for no sin. The general though unfortunate impression has ever since, been
that women are sub-human species, an object of contempt and ridicule, a commodity for barter,
an expendable asset and a plaything for mere sexual enjoyment. The ancient Judo-Christian
Society regarded women as ".a scorpion ever ready to sting", and pagan Arab saw in her the
devil's whip. The Indian regarded women social evil to be burnt at pyre of her husband.
Nowadays, However, women have broken their ill-social shackles and are ready to face the
contemporary challenges without any help and hesitation and, consequently, March 8, is formally
observed and celebrated in several countries, including India, as a mark of integrated
achievements towards the equality of rights, status and dignity of women and their equal
participation in economic, social and cultural development in contemporary world scenario.2
________________________________________________________________________
1. See Protection of Human Rights Act, 1993, Section 2(d).
2. See. 1999 Criminal Law Journal (Journal Section) at p. 17.
6
Women constitute about one-half of the global population, but they are placed at
various disadvantageous positions due to gender difference and bias. They have been the
victims of violence and exploitation by the male dominated society all over the world.
Ours is at tradition-bound society where women have been socially, economically,
physically, psychologically and sexually exploited from time immemorial, sometimes in
the name of religion, sometimes on the pretext of writings, in the scriptures and
sometimes by the social sanctions. The concept of equality between male and female was
almost unknown to us before the enactment of the Constitution of Pakistan.
Of course, the Preamble of the Constitution, which is, the supreme law of the land,
seeks to secure to its citizens including women folk, justice-social, economic' and
political, liberty of thought, expression, belief, faith and worship, equality of status and
opportunity, and promote fraternity assuring the dignity of the individual.1 History is a
mute witness to the most inhuman suffering that man has inflicted on man.2
A man's right to his liberty is the most sacred right for him and therefore, it should
not be restrained without the sanction of law. A fruitful and meaningful life presupposes
full of dignity, honour, health and welfare, in the modern philosophy. The treatment of
human being which offends human dignity, imposes avoidable torture and reduces the
man to the level of beast' would certainly be arbitrary and is impossible as a code of
human conduct in all religions.3
Justice P.N. Bhagvati, Supreme Court of India in the "Seminar on Human Rights"
organised by I.L.A. Allahabad submitted in his inaugural address that protection of rights
of man was deeply inserted in the Babylonian Laws,, Assyrian Laws, Hittiti Laws and
Dharm of Vedic Time in India. Description of protection right was widely and wisely
discussed by Plato, Greek and Roman Philosophers. Their discussion were based on
religious foundation. Right to Vote, Right to Trade, Right of access to justice to their
citizen etc., were given by City of State of Greece.
King John of England granted Magna Carta to the English baron on June 15, 1215 that
their privileges will not be encroached and hammered. The Importance of Magna Carta’s
resulted into confirmation by Parliament in the year 1216-17 during the period of John's Son,
Henry III, the confirmation was done in the year 1297 and was modified by Edward I.
Parliamentary superiority was formed in 1689 by the petition of Rights and Bill of Rights
over the Crown and rule of law in England were controlled by documentary authority.
Declarations and constitutional branches' of many States are supported by the expression
“fundamental right”.
________________________________________________________________________
1. See 1999 Cri LJ (Journal Section) at p. 1.
2. See 1999 (1) ALT (Journal Section) at 11.
3. See 1999 (1) ALT (Journal Section) at 11.
7
The declaration of Independence of Thirteen United States of America in 1776. The
Virginia Bill of Rights, 1776, the Constitution of the United States of 1787 with amendments
in 1789, 1865, 1869 and 1919 incorporated with right of man. In 1789 the French declaration
of the Rights of Man of 1789 enlighten other country and accelerated to add provisions in
their laws for the Protection of Human Rights.
It was the golden rays of sun enlightening the world of Nineteenth Century to human
being to know about Human Right they possess. Worth of human personality began to be
realized.
The resultant of Human Right Movement was experienced by human being after the
World War II. During the war whole humanitism was shocked due to heinous crimes
What are Human Rights?
Every human being is entitled to certain “Natural Rights” by virtue of his being a
member of human society. These rights are called “Human Rights”.
Human rights are those minimal rights which every individual must have against
the State or other public authority by virtue of his being a `member of human family,
irrespective of any other consideration.
When Human Rights are guaranteed by a written Constitution they are called
Fundamental Rights' because a written constitution is the fundamental law of a State.
Human Rights are not created by any legislation. They assume the position of
natural rights as rightly defined by the United Nations in Human Rights Questions and
Answers 1987.
Human Rights are those rights which are inherent in nature and without which we
cannot live as human beings. Human rights and fundamental freedoms allow us to fully
develop, our intelligence, our dealings and our conceive and to satisfy our spiritual and
other things.
Fundamental rights are the name for what have been traditionally known as
Natural Rights.
The first documentary use of the expression Human Rights
The first documentary use of the expression `Human Rights' is to be found is the
charter of United Nations, which was adopted (after the Second World War) at San
Francisco on June 25,1945 and ratified by a majority of its signatories in October that
year. The preamble of the charter declared its object “to reaffirm faith in fundamental
Human Rights”
8
Whether Universal Declaration of Human Rights, 1948 is a binding
instrument?
No. U.N. Charter is not a binding instrument. The first concrete step of
formulating the various human rights was taken by the U.N. General Assembly by
adopting the Universal Declaration of Human Rights in 1948.
After all, the Universal Declaration operated merely as a statement of ideals,
which was not of the nature of a legally binding covenant and had no machinery for its
enforcement.
Whether these deficiencies were rectified?
Yes. To rectify these deficiencies, two covenants were adopted by the U.N.
General Assembly in December, 1966 for the observance of human rights;
a. The Covenant on Civil and Political Rights
b. The Covenant on Economic, Social and Cultural Rights.
While the former formulated legally enforceable rights of the individual, the later
was addressed to the States to implement them by legislation.
Meaning of International Covenants
“International Covenants” means the International Covenant on Civil and Political
Rights and the International Covenant on Economic, Social and Cultural Rights adopted
by the General Assembly of the United Nations on the 16th December, 1966.1
When these covenants came in to force?
These two covenants came in to force in December, 1976, after the requisite
number of member States (35) ratified them. Many other States have ratified the
covenants subsequently, numbering 69 at the end of 1981.
Are these covenants binding?
These covenants are, legally binding on the ratifying States. Though the covenant
itself is not part of the domestic law of the ratifying State, the rights embodied in the
relevant legislation are ensured and enforceable through the domestic courts. committed
against the humanity and human rights was perished. The History witnessed silently
tyranny and complete lawlessness of Nazi leaders of Germany. Human values and
dignities and morality were barbarously negated.
_______________________________________________________________________
1. See. Protection of. Human Rights Act, 1993, Section 2(f)
9
Rights to the people became the need of hour to be established for international
peace and security. President Franklin D. Roosevelt on January 6, 1941 reflected in the
Proclamation of Four Freedom and mentioned as (1) Freedom of Speech, (2) Freedom of
religion, (3)Freedom from want, (4) Freedom from Fear. Declaration of President carries
weight he said “Freedom means the Supremacy of Human Rights every where our
support goes to those who struggle to gain those rights or keep them”.
Human Rights in Islam
Islam is a religion of Justice, Equity and Peace. Hazrat Mohammad (PBUH)
disliked arrogance and pride. He said that an Arab was not superior to non-Arab or a
white to black. He believed that all were the sons of Adam. No one was superior to
another on the basis of caste, colour or creed. For him, the standard of superiority was
piety. He united the scattered tribes and nations who felt pride in serving the humanity.
Brotherhood became the way of their life1.
Before the advent of Islam women were treated in very inhuman manner. Most of
the girls was burned or buried alive in their childhood. Islam emphasized the equality of
rights of men and women. Hazrat Mohammad (PBUH) gave women the right of
inheritance in property and wealth.
Before Islam the Arabs used force to settle their disputes. Hazrat Mohammad
(PBUH) introduced judicial procedure to check crudity and injustice. Judges were
appointed to settle individual or party matters. In short laws were made for the promotion
of an ideal family and social set up. For the first time in history the savage Arabs were
introduced the rule of politeness and civilized manners.
It were these reforms, which brought an Islamic revolution in the life of the Arabs.
These reformers laid the foundation of a new nation and a new Islamic society, which was
tolerant in spirit and humane by heart.
_______________________________________________________________________
1. The last message of the Holy Prophet (PBUH)
10
Equality in Spiritual Rights under Shari’ah Law
The first primary source of the Sharia’s law Qur’an provided clear out evidence
the women is completely equal with men in the sight of God in terms of her rights and
responsibilities and women have the same human spiritual nature.
The Quran states,’ O mankind! Reverence your Guardian – Lord, Who created you from
the single person (nafsin-waahidah), created, of like nature, his mate, and from them two
scattered (like seeds) countless man and women-reverence Allah through whom you
demand your mutual (rights), and reverences the wombs(that bore you): for Allah ever
watches over you....,1 Both men and women alike are recipients of the ‘divine breath,’
because they are created with the same human spiritual nature. Indeed, as the Qur’an
states, Allah originated them both from a single person or ‘one soul’ (nafsin-waahidah).
All has invested both genders with inherent dignity and has made men and wome,
collectively, the trustees of Allah on earth. According to Qur’an woman is not blamed for
Adam’s mistake for eating from the forbidden tree. On the contrary the Qur’an describes
Adam and Eve as equally responsible for their sin in the garden, never singling out Eve
for blame. In one verse in fact Adam especially was blamed.2 Men and women have the same
religious duties and responsibilities. Each human being shall face the consequences of his or
her deeds. The Qur’an states that,’ every soul will be (held) in pledge for its deeds. 3
Standard for Superiority
The primary source of Shari’ah law, the Qur’an and the Sunnah are quite clear about the
issue of claimed superiority or inferiority of any human male or female. The superiority
of human according to Qur’anic verse is, “O mankind! We created you from a single
(pair) of a male and female, and made you into nations and tribes, that you may know
each other. Verily the most honored of you in the sight of Allah is (one who is) the most
righteous of you. And Allah has full knowledge and is well acquainted (with all things)4
________________________________________________________________________
1.
2.
3.
4.
The Holy Qur’an, 4:1
The Holy Qur’an, at 20:121
ibid, at 74:38; 4:124; 16:97
ibid, at 49:13
11
There are very important few observations about this verse, which may be helpful
in tracing the foundation spiritual and human equality before Allah. It begins by
addressing not only Muslims but also the whole of mankind (inas), irrespective of their
gender and their national or religious backgrounds. As such, it is a universal declaration
to all human beings. It states that there is only one Creator of all humanity. As such there
is no room for arguments of superiority based on one are having been created by a
superior or chosen people. Nor is there any basis for a caste system based on some having
been created in a way, which is different from others or is superior such as Jews and
Brahman in Hinduism1. As Prophet Muhammad explained, “you all belong to Adam, and
Adam was created from dust’’ In the process of human reproduction there is no
superiority or inferiority, kings and paupers, males and females are created from what the
Qur’an describes as ‘despised fluid.’ The verse states that all human beings are created, in
the Arabic words [min thakarin wa-untha] which can be translated literally as male and
female. Each component of the pair is as necessary and as important as the other and
hence is equal to him or her. The wording of this verse has been commonly translated as
‘from a (single pair of) male and a female,’ referring to Adam and Eve. This serves as a
reminder to all mankind that they belong to the same family, with one common set of
parents. Variations in gender, languages and ethnic backgrounds, and by implication,
religious claims, do not provide any basis for superiority or inferiority. The final thing,
which mentioned in this verse, is the most significant and relevant to the topic at hand is
the clear categorical statement that the most honored person in the sight of Allah is the
one who is most pious and righteous. This prevents any other basis for superiority
including gender.
Divorce is a Last Resort
According to Shari’ah law, men and women both of them can use divorce as a last
resort to dissolve their marriage tie. Forms of marriage dissolution include an enactment
based upon mutual agreement, the husband’s initiative, the wife’s initiative (if part of her
marital contract), the court’s decision on a wife initiative (for a legitimate reason), and the
wife’s initiative provided that she returns her marital gift to her husband (khula) Islam
gives women the right to divorce on several grounds if good relations between the
spouses become unbreakable and impossible.
1. Donnelly, J., ‘Human Rights’
12
The Prophet denounced divorces, “Of all the things that Islam has permitted,
divorce is the most hated by Allah.” The four schools of Islamic jurisprudence have
agreed that “divorce is makruh [disapproved] when is not essential. If there is no harm
anticipated either to one’s self or one’s wife, there is still some hope of reconciliation. In
this section I will explore the quality of right of both husband and wife to divorce, with
emphasis on the means by which the wife can do so.
Men’s Right to Divorce
Divorce generally referred to as ‘talaq’ meaning ‘repudiation.’ Talaq comes from
the root tallaqa meaning to release a human Being from any obligation incumbent upon
him. Talaq is the husband’s right to divorce his wife by making a pronouncement that the
marriage is dissolved, however this power could be delegated, as will be discussed later.
In Islamic law, talaq (divorce) can be categorized into two forms: talaq al Sunnah, which
is consistent an innovation that does not follow the Prophet’s teachings. Talaq al Sunnah
has two subcategories, talaq Ahsan and talaq Hasan. The former is the most authentic
divorce. I will discuss with talaq only talaq ahsan and compare with talaq al bidaa for the
understanding of the discussion. In talaq al Sunnah, the husband utters a single
pronouncement of divorce and then abstains from sexual relations with his wife for a
period of three months known as the period of iddah. This iddah time provides a room
for reconciliation and reconsideration of the husband’s decision. At he end of this iddah
period the divorce will be irrevocable. Thus if the man wants to remarry the wife after the
iddah period, it will be as if he is marrying her for the first time by a new marriage
contract and a new dowry. Furthermore, if the husband has divorced his wife three times,
it is unlawful for him to remarry her.1
for the time unless she has married and divorced another man in the interim .In the talaq
al bidaa divorce, the husband may pronounce the three times:I divorce you, I divorce
you, and I divorce you, at some time .The separation then takes effect definitively after
the woman has fulfilled her iddah. Thalath [three times] repudiation during the period of
iddah known
________________________________________________________________________
1. In shariah, Iddah, means a period of waiting for woman from remarriage after the death of her hasband or
after her diforce from her husband. Iddah differs from case to case such as in the case of a divorced woman
who still menstruats,it is three menstruats cycles.the iddah of a woman who has passed the ageof
menstruation is three months.
13
as talaq al bidaa has no spport in the Qur’an and Sunnah. Not only that, but it is against
the whole phylosophy behind the iddah period because it ruins any chance for
reconciliation. Most classical jurists acknowledge that even though the husband enjoys a
unilateral right to divorce, it is not an absolute right and there are some restriction ; for
example, there has to be a reason for the divorce and each talaq al Sunnah has to be
uttered once at a time. However, there is some disagreement among jurists on whether or
not the absence of a reason, or using talaq al bidaa/thalath, will render the divorce invalid.
All four schools of law have acknowledged that this from of divorce is sinful but still
valid, and this as Esposito, reflects the power of social custom and its infiltration into
Islamic law.1
Women’s Right to Divorce:
The classical schools of jurisprudence have agreed on the following means by
which the wife can obtain a divorce. Delegated Talaq or Talaq Tafwid: under this talaq a
wife has the right to divorce only if the husband has delegated this right to her. This
delegation can take place before or after the marriage and, hence, can be included in the
marriage contract. This delegated form of talaq is known, as the right of women to
divorce at will. However, it is worth mentioning that this kind of divorce does not deprive
the husband of his original right to exercise divorce. The right of a women to khula
(women right of divorce) is based on her sacrifice of part or all of her dowry to her
husband to get a divorce. The cannot return to her without her consent. In this regard the
Qur’an permits a wife to request a khula from her husband if she fears he will be cruel or
desert her. “If a wife fears cruelty or desertion on her husband’s part, there is no blame on
them if they arrange an amicable settlement between themselves; and such settlement is
best.” 2. There are precedents for this kind of divorce. The wife of Sabit Bin Qais came to
the Prophet and said, “O, Prophet of God, I don’t find any fault in Sabit, son of Qais in
his manners or in his religion, but I don’t like to be faithless in my faith, that is, I would
not play the hypocrite.” The Prophet said, ‘will you restore to Sabit the garden he gave
you?’ she said yes. The Prophet then said to Sabit, “take back the garden and divorce her
at once.”
________________________________________________________________________
1. John, I., Esposito, ‘Women in Muslim family’, (1982), Syracuse University press, at 32
2. The Holy Qur’an, at 4:128; 2:229
14
Another incident in the Prophet’s traditions reveals the spirit of gender equality regarding
divorce. The Prophet felt sorry for Buraria’s husband and appreciated his live for her. So
he went to her and asked her to go back to her husband. She asked the Prophet, ‘Are you
ordering or interceding? He answered that he was interceding. She said, ‘then I am not
going back. Divorce by judicial authority: the school of law differ considerably in the
number and kinds of grounds available to women who wish to divorce
1
Breach of
conditions in the marriage contract: marriage in Islam is a contract and divorce is the
dissolution of that contract. Therefore, the marriage contract can include any condition
that the couple approves, and any breach of the clauses included could be a basis for
divorce. Having discussed the rights of men and women regarding divorce in Shari’ah, it
is worthy to note that, though the Qur’an originally gave man the right to divorce, there is
an emphasis in many Qur’anic verse on the importance to be just, to fear God in any
decision. However, in classical Islamic jurisprudence, this positive sporot of the Qur’an
was not reflected and no major restrictions were posed on the right of men to divorce.
Fundamental Rights as Granted by Islam and Guaranteed by the
Consitution of Pakistan 1973 -A Comparative Study
Recognition of fundamental rights is concomitant to a civilized society. Today it
is a noticeable phenomenon that most of the states have provided such rights in their
Constitutions and guaranteed their protection.' But to say that a Society owes the
existence of what we call fundamental rights by virtue of a provision of the Constitution
is not true. This means that fundamental rights are an inherent law of each Society and
they exist independently of any Constitution or statutory law. But it is right to say that
the Constitution by making entrenched provisions of fundamental rights makes their
enforcement easier. These rights carry a significant place in a Constitutional Scheme.
These are the Constitutional norms on the basis of which the Courts have to determine
the legislative and executive behaviour. This is to suggest that the essential characteristic
of fundamental rights is that they impose limitation, express or implied, on public
authorities legislative, executive and judicial, prohibiting them from interfering with
their exercise.2 This is in line with the Constitutional principle that laws inconsistent with
or in derogation of fundamental rights are to be void.' It can be seen that the recognition
_______________________________________________________________________
1. U. S. A., West Germany, France, Canada, Australia, EIRE, India, Pakistan and a number of other countries.
2. Jibendra Kishore Achharya Chaudhury v. The Province of East Pakistan P L D 1959 S C (Pak.) 387.
3. Constitution of Pakistan, 1973 (Art. 8)
15
of natural rights as fundamental rights stems from the adoption of the U.S. Constitution
in 1787 and subsequently the Declaration of the Rights of Man and of Citizens" by
France in 1789. The very purpose behind this idea is manifestly clear that "the liberty of
the person is inviolable" but invariably each Constitution goes on to provide that "no
person shall be deprived of his liberty except in accordance with the law.1
As we claim that Islam envisages a political system founded on the Islamic tenets and
values, it does grant the basic human rights. It would be true to say that fundamental
rignts in Islam were provided centuries before the modern civilization. It is otherwise to
maintain that not a single Muslim country has been able to establish a true Islamic system
in which each individual could enjoy his rights. The striking distinction between the two
is that an Islamic System does ordain the protection of basic human rights iniall
circumstances whereas a Constitutional system makes a provision for the suspension of
such rights in a national emergency or these can be abridged/taken away through an
amendment.2 Since these rights have been granted through the Divine Commandments,
these are immutable. His law is permanent in its nature and scope as it is held in the Holy
Quran "Once a fundamental law is stated, that law will hold.3 This is manifestly clear
from the preceding discourse that in Islam none holds authority to suspend, abridge or
take away the rights granted by the Divine Law. Let us take notice of these Islamic values
with reference to the provisions of the Constitution of Pakistan, 1973.
Equality of Mankind
The Constitution guarantees, the equality of citizens - all citizens are equal before
law and are entitled to equal protection of law 4. There is a subtle distinction between
"equality before law" and "equal protection of law." Equality before law is a negative,
concept which declares, that everyone is equal before law and that no one can claim
special privilege and all are equally subjected to the ordinary law of the land. The latter,
however, is a positive 'one and postulates an equal protection of all alike in the same
situation and under like circumstances. The underlying theme of this constitutional
principle is that no one is above the law.
________________________________________________________________________
1. Ibid., (Art. 4). This provision can as well, be seen in the Constitutions of other nations.
2. Ibid., (Art. 233)
3. Ibid (Art. 238)
4. Qur'an (33 : 63); (35 : 44) and (48 : 24).
16
We can trace its premise in the divinely ordained system which is founded on the
sovereignty of God. The principle of the Divine sovereignty is a golden rule rooted in the
equality of mankind. It has been revealed in the Holy Qur'an ; "Praise be to God, Lord of
the- Worlds".1 It is further held that : "The command is -for none but God's".2 The genius
of this doctrine is so well-entrenched in the Divine scheme that it has repeatedly been
revealed that all are equal as having been created by one Creator. This seems to have been
expounded in the following verse: "o mankind Lo. We have created you male and female,
and have made you nations and tribes that Ye' may know one another. Lo! The noblest of
you in the sight of Allah, is the best in' conduct." This Divine Commandment in fact,
constitutes Magna Carta of human fraternity and equality which ushers in the principle
that everyone is equal before law.3 This is further ratified by another verse which reads :
"Mankind was one single nation".4 This constitutional principle was finally authenticated
by the Holy Prophet in his Last sermon to the Muslims when he declared
"O Ye men ! Your God is one and your ancestor is one. An Arab possesses no
superiority over a non- Arab, nor does a non-Arab over an Arab. A white is in no way
superior to a red, nor for that matter, a red to a white, but only to the extent to which he
discharges his duty to God and man." This proves beyond doubt that the Divine Scheme
is more suitable to the genius of mankind. It does condemn discrimination on account of
race, colour, caste, religion of status. It ensures equality among human beings and makes
obligatory for the state and individual to observe it. To say that the essential quality of
man wells-out if given a chance to him is in accordance with democracy and Islam."
Rule of Law.-Islam establishes the rule of law and emphasises on the dispensation
of justice to each member of the society. The Holy Qur'an enjoins that "If ye judge
between mankind, ye judge justly5. It further commands that "Be always just teat is
nearer to righteousness.6
________________________________________________________________________
1.
Constitution of Pakistan 1973 (Art. 25) Analogous provisions in other Constitutions. U. S. A. (14
Amendment) India : (Art. 14) Eire: (Art).
2
Qur'an (1 : 2)'
3. Ibid., (12 : 40). This fact has been repeatedly revealed in the following verses of the Holy Qur'an: (12 : 5
, (12 : 80), (57 : 6) and (67 : 6)
4. Ibid. (2 : 214)
5. The importance of this principle can be gathered from the following Quranic verses wherein it has manifestly
been laid down : (2 : 22-23), (4 : 2) ; (16 : 73) ; (32 : 7-10) ; (45 : 14) ; (49 : 14); (75 : 3) and (95 : 5).
17
The import of this Divine Command is further highlighted in the Holy Prophet's
saying: “That a moment spent in dispensation of justice is better than seventy years of
devotion. Dominion can subsist in spite of misbelief, but it cannot endure with the
existence of injustice This is to issue a stern warning to those who have been assigned the
duty to administer justice that they have to dispense justice within their jurisdiction.
Neither they are allowed to read their personal predilections into the principles enunciated
in the Holy Book nor can they administer justice on the basis of individual expediency.
This is something strictly prohibited and if someone embedded with authority to
administer justice to the society and he transgresses his limits his act falls in the Divine
condemnation. The Constitution of Pakistan (1973) makes the corresponding provision
prohibiting the State from making any law which abridges or takes away the rights
granted under it.1 The Constitution further provides that no person shall be deprived of
life, liberty and property without the authority of law” 2 It is a vivid declaration that every
citizen is entitled to the protection of law and is to be treated in accordance with law.3 It
embodies an important charter and prevents the Government from taking any action in
this country which carries no legal sanction and simultaneously it debars the Legislature
from creating an authority whose acts are not subject to law. The study of these
provisions drives us to the conclusion that justice is the majesty of law in democracy and
it is the cud of the Islamic Scheme."
Liberty: The liberty of mankind holds a very significant place in the Divine
Scheme which is manifestly clear hi-out t Qur'anic Verse which reads :"Verily, this brotherhood of yours is a single brotherhood, and I am your Lord and ;
Cherisher, therefore, serve Me.4
It teaches us a lesson of the Divine unity-the basic postulate of the Islamic philosophy
which: brings us at par with each other and debars everyone from snatching liberty of others.
The Divine system is perfect and permanent which can neither be changed nor amended. The
liberties thus granted arc beyond the pale of public authorities. These liberties include
freedoms of movement, assembly, association, trade, business, profession, speech and
religion. It also ensures security of person, safeguards as to arrest and detention and provides
protection against actions of the rulers not warranted by the Divine scheme.
______________________________________________________________________
1. Ibid. (2 : 214).
2. Ibid. (4 : 58)
3. Ibid. (5 : 9)
4. Constitution of Pakistan, 1973 (Art : 8).
18
Same rights have been guaranteed by the 1973 Constitution which are commonly
known as fundamental rights. It ordains that no person shall be deprived of life or
liberty save in accordance with law 1 This is the similar guaranty which is provided in
Art. 4 (2) (a) which prohibits all actions detrimental to the life, liberty, body, reputation
or property of any person except in accordance with law. The Constitution further
enumerates for the protection of freedoms of movement.2 assembly,3 association,4
trade, business or profession,5 speech6 and religion.7 These guarantees suggest that the.
Governmental authority is not unfettered. Their Formulation in the Constitution does
not operate only as against laws made in violation of its provisions but also against
actions in the exercise of public power, in fields governed by law. Since both the
systems are written, hence these are limitations upon all the powers of Government,
legislative as well as executive and judicial. The underlying theme of both the Islamic
and Constitutional systems is to allow a citizen to be free in the enjoyment of all his
faculties.
Freedom of Conscience
In the sacred words of Allah it has been laid down in the Hole Quran: "Let there be
no compulsion in religion. Verily right has been made distinct from wrong.8 This is as
clear as a daylight that Islam is most emphatic on freedom of conscience. This
marvelous idea is founded on the ground that no one is to be forced to believe or disbelieve. It is further commanded that "Revile not those whom they call on besides God,
lest they, in their ignorance, despitefully revile Him. We have fashioned the nature of
man that they like the deeds they do. After all they shall return to their Lord, and He
will declare to them what their actions have been. 9
_______________________________________________________________________
1. Ibid. (Art. 4).
2. It seems to be the reminiscent of the protection provided by the fifth and fourteenth Amendments of the
U. S. Constitution.
3. Qur'an (21: 92).
4. Constitution of Pakistan, 1973 (Art. 9).
5. Ibid. (Art. 15)
6. Ibid. (Art.16)
7. Ibid. (Art.17)
8. Ibid. (Art.18)
9. Ibid. (Art. 19).
19
The truth is bound to prevail in the '.end as this is in the promise of God. This is
further ratified when He enjoins: "Say--the truth is from your Lord, so let whosoever will
believe, and let whosoever will disbelieve 1 This is, manifestly evidently clear that Islam
gives an equal protection to all religions. Islam gives allowances to all those who arc in
error and leaves scope for bringing them back in its fold.2 File believers are enjoined to
have faith in truth revealed to them by their God and not to use force whatsoever in any
circumstance. The 1973 Constitution also confers this right on every citizen to entertain
such religious views as appeal to his individual conscience without dictation or
interference from any quarters.3 This is as fundamental in a free society as is the right to
life and liberty. It seems very rationale to say that this idea has been borrowed from Islam
and incorporated in the Constitutions of the civilized and free nations as a fundamental
right. The very conception Or a fundamental ris.It is that it being a right guaranteed by the
Constitution cannot be taken away by the law. Both the systems, invariably suggest a
limited Government in which the judiciary is warranted to police the boundaries drawn
therein.
Inviolability of Homes
God commands to the believers: "O Ye who believe! Enter not houses other than your
own without first announcing your presence and invoking peace upon the folk thereof 4 The
rule laid down in this verse is an inherent law of each society today which prohibits the State as
well as the individual from taking liberty with the sanctity of home. This was further affirmed
by the Holy Prophet in his farewell, pilgrimage on March 7, 632'A. D. making one of the great
Declarations of Human Rights. "Your, lives and properties are sacred and inviolable as the
sacred inviolability of this day". The corresponding provision in our Constitution also declares,
the dignity of man and the privacy of home inviolable.'' This, protection is however, subject to
law. If, therefore, law permits to enter a home’ for the purposes of making an arrest or search,
there would be no violation involved. The noticeable distinction between the guarantees
provided by Islam and our Constitution is that Islam permits no such violation on any ground
whereas Constitution does.
________________________________________________________________________
1. Qur'an (2 : 257) 28. Ibid. (6 : 108)
2. Ibid. (18 : 28)
3. Ibid. This principle has been repeatedly laid down in the following verses. (3 : 65)
4. 66-67) ; (5 :.69-70) ; (6.: 109) ; (10 : 100-101); (16 : 126) ; (29 : 47) and (41 : 34-36).
20
No Liability for the Action of others
It has been ordained it the Holy Qur'an that "no bearer of burden bears the “burden
of another.1 In this verse the principle has been founded or the premise that none is to be
held responsible for a wrong except the- wrongdoer. He is to be dealt in accordance with
the Jaw of the land. This rule also traces its origin from the doctrine of equality before
law. It is also rooted inn the maximum that innocence should not suffer and guilt should
not escape unpunished. Our Constitution, also ensures an equivalent protection against
double punishment and -self-incrimination2. The rule laid down therein is that neither
anyone is to be punished without his committing a crime nor he is to be finished twice
for the same offence. No body is to be forced to be a witness against himself. Any law
which compels an accused person to give evidence and such evidence will tend directly,
or indirectly, to be self incriminatory, that law to that extent will be unconstitutional and void.
Freedom of Trade:It had been enjoined in an emphatic and vivid terms. "O Ye who 'Divinc! Squander
not your wealth among yourselves in vanity except it be a trade by mutual consent”.
3
The advice imparted in the above quoted verse is that there should be a free and fair trade
and that the wealth may not be lost in vanity. The words "mutual consent, have wide
connotations which suggest collective welfare on the one hand and discard the
underhand practices in trade in order to allow it not to become an instrument of
obstructions for others. Our Constitution also recognises the right of each citizen to enter into
any trade, business or profession freely.4 But the State reserves the right to regulate the trade or
prescribe qualifications for the practice of a profession, occupation, trade or business.
From this discussion follows the conclusion that the Divine system grants the basic
human' rights and enjoins for their protection. Since these rights have been conferred
through the Divine Commandments which are immutable hence these rights are of
permanent nature which cannot be taken away or removed. These rights occupy a very
significant place in our Constitution but it also makes a provision for their suspension
during a national emergency.
5
These rights can also be abridged taken away through a
Constitutional amendment.
_______________________________________________________________________
1. Constitution of Pakistan, 1973 (Art. 20).
2. Qur'an (24 : 28).
3. Constitution of Pakistan 1973 (Art. 14).
4. Qur'an (6 : 164).
5. Constitution of Pakistan, 1973 (Art. 13).
21
Our Commitment to introduce Islamic system falls short without the restoration
of civic rights which have been promised in the Divine Scheme. In the past we have
never been able to allow our people to enjoy their fundamental rights in the true sense
and as guaranteed by the Constitution.
The best way to prove that the Islamic System excels over other mundane systems is
to enforce in letter and spirit the injunctions of Islam as ordained By Holy Quran and
Sunnah, the sooner the better it would be.
22
Chapter No. 2
UNIVERSAL DECLARATION OF HUMAN RIGHTS
Preamble
Whereas recognition of the inherent dignity and of the equal and inalienable rights
of all members of the human family is the foundation of freedom, justice and peace in the
world,
Whereas disregard and contempt for human rights have resulted in barbarous acts
which have outraged the conscience of mankind, and the advent of a world in which
human beings shall enjoy freedom of speech and belief and freedom from fear and want
has been proclaimed as the highest aspiration of the common people,
Whereas it is essential, if man is not to be compelled to have recourse, as a last
resort, to rebellion against tyranny and oppression, that human rights should be protected
by the rule of law, Whereas it is essential to promote the development of friendly
relations between nations,
Whereas the peoples of the United Nations have in the Charter reaffirmed their
faith in fundamental human rights, in the dignity and worth of the human person and in
the equal rights of men and women and have determined to promote social progress and
better standards of life in larger freedom,
Whereas Member States have pledged themselves to achieve, in co-operation with the
United Nations, the promotion of universal respect for and observance of human rights
and fundamental freedoms,
Whereas a common understanding of these rights and freedoms is of the greatest
importance for the full realization of this pledge,
Now, therefore,
The General Assembly
Proclaims this Universal Declaration of Human Rights as a common standard of
achievement for all peoples and all nations, to the end that every individual and every
organ of society, keeping this Declaration constantly in mind, shall strive by teaching and
education to promote respect for these rights and freedoms and by progressive measures,
23
national and international, to secure their universal and effective recognition and
observance, both among the peoples of Member States themselves and among the peoples
of territories under their jurisdiction.
Article 1
All human beings are born free and equal in dignity and rights. They are endowed with
reason and conscience and should act towards one another in a spirit of brotherhood.
Article 2
Everyone is entitled to all the rights and freedoms set forth in this Declaration, without
distinction of any kind, such as race, colour, sex, language, religion, political or other
opinion, national or social origin, property, birth or other status.
Furthermore, no distinction shall be made on the basis of the political, jurisdictional or
international status of the country or territory to which a person belongs, whether it be
independent, trust, non-self-governing or under any other limitation of sovereignty.
Article 3
Everyone has the right to life, liberty and the security of person.
Article 4
No one shall be held in slavery or servitude; slavery and the slave trade shall be
prohibited in all their forms.
Article 5
No one shall be subjected to torture or to cruel, inhuman or degrading treatment or
punishment.
Article 6
Everyone has the right to recognition everywhere as a person before the law.
Article 7
All are equal before the law and are entitled without any discrimination to equal
protection against any discrimination in violation of this Declaration and against any
incitement to such discrimination.
Article 8
Everyone has the right to an effective remedy by the competent national tribunals for acts
violating the fundamental rights granted him by the constitution or by law.
24
Article 9
No one shall be subjected to arbitrary arrest, detention or exile.
Article 10
Everyone is entitled in full equality to a fair, and public hearing by an independent and
impartial tribunal, in the determination of his rights and obligations and of any criminal
charge against him.
Article 11
1. Everyone charged with a penal offence has the right to be presumed innocent until
proven guilty according to law in a public trial at which he has had all the
guarantees necessary for his defence.
2. No one shall be held guilty of any penal offence on account of any act or omission
which did not constitute a penal offence, under national or international law, at the
time when it was committed. Nor shall a heavier penalty be imposed than the one
that was applicable at the time the penal offence was committed.
Article 12
No one shall be subjected to arbitrary interference with his privacy, family, home or
correspondence, nor to attacks upon his honour and reputation. Everyone has the right to
the protection of the law against such interference or attacks.
Article 13
1. Everyone has the right to freedom of movement and residence within the borders
of each State.
2. Everyone has the right to leave any country, including his own, and to return to
his country.
Article 14
1. Everyone has the right to seek and to enjoy in other countries asylum from
persecution.
2. This right may not be invoked in the case of prosecutions genuinely arising from
non-political crimes or from acts contrary to the purposes and principles of the
United Nations.
Article 15
1. Everyone has the right to a nationality.
25
2. No one shall be arbitrarily deprived of his nationality nor denied the right to
change his nationality.
Article 16
1. Men and women of full age, without any limitation due to race, nationality or
religion, have the right to marry and to found a family. They are entitled to equal
rights as to marriage, during marriage and at its dissolution.
2. Marriage shall be entered into only with the free and full consent of the intending
spouses.
3. The family is the natural and fundamental group unit of society and is entitled to
protection by society and the State.
Article 17
1. Everyone has the right to own property alone as well as in association with others.
2. No one shall be arbitrarily deprived of his property.
Article 18
Everyone has the right to freedom of thought, conscience and religion; this right includes
freedom to change his religion or belief, and freedom, either alone or in community with
others and in public or private, to manifest his religion or belief in teaching, practice,
worship and observance.
Article 19
Everyone has the right to freedom of opinion and expression; this right includes freedom
to hold opinions without interference and to seek, receive and impart information and
ideas through any media and regardless of frontiers.
Article 20
1. Everyone has the right to freedom of peaceful assembly and association.
2. No one may be compelled to belong to an association.
Article 21
1. Everyone has the right to take part in the government of his country, directly or
through freely chosen representatives.
2. Everyone has the right of equal access to public service in his country.
3. The will of the people shall be the basis of the authority of government; this will
shall be expressed in periodic and genuine elections which shall be by universal and
equal suffrage and shall be held by secret vote or by equivalent free voting procedures.
26
Article 22
Everyone, as a member of society, has the right to social security and is entitled to
realization, through national effort and international co-operation and in accordance with
the organization and resources of each State, of the economic, social and cultural rights
indispensable for his dignity and the free development of his personality.
Article 23
1. Everyone has the right to work, to free choice of employment, to just and
favourable conditions of work and to protection against unemployment.
2. Everyone, without any discrimination, has the right to equal pay for equal work.
3. Everyone who works has the right to just and favourable remuneration ensuring
for himself and his family an existence worthy of human dignity, and
supplemented, if necessary, by other means of social protection.
4. Everyone has the right to form and to join trade unions for the protection of his
interests.
Article 24
Everyone has the right to rest and leisure, including reasonable limitation of working
hours and periodic holidays with pay.
Article 25
1. Everyone has the right to a standard of living adequate for the health and wellbeing of himself and of his family, including food, clothing, housing and medical
care and necessary social services, and the right to security in the event of
unemployment, sickness, disability, widowhood, old age or other lack of
livelihood in circumstances beyond his control.
2. Motherhood and childhood are entitled to special care and assistance. All children,
whether born in or out of wedlock, shall enjoy the same social protection.
Article 26
1. Everyone has the right to education. Education shall be free, at least in the
elementary and fundamental stages. Elementary education shall be compulsory.
Technical and professional education shall be made generally available and higher
education shall be equally accessible to all on the basis of merit.
2. Education shall be directed to the full development of the human personality and
27
to the strengthening of respect for human rights and fundamental freedoms. It
shall promote understanding, tolerance and friendship among all nations, racial or
religious groups, and shall further the activities of the United Nations for the
maintenance of peace.
3. Parents have a prior right to choose the kind of education that shall be given to
their children.
Article 27
1. Everyone has the right freely to participate in the cultural life of the community,
to enjoy the arts and to share in scientific advancement and its benefits.
2. Everyone has the right to the protection of the moral and material interests
resulting from any scientific, literary or artistic production of which he is the
author.
Article 28
Everyone is entitled to a social and international order in which the rights and freedoms
set forth in this Declaration can be fully realized.
Article 29
1. Everyone has duties to the community in which alone the free and full
development of his personality is possible.
2. In the exercise of his rights and freedoms, everyone shall be subject only to such
limitations as are determined by law solely for the purpose of securing due
recognition and respect for the rights and freedoms of others and of meeting the
just requirements of morality, public order and the general welfare in a democratic
society.
3. These rights and freedoms may in no case be exercised contrary to the purposes
and principles of the United Nations.
Article 30
Nothing in this Declaration may be interpreted as implying for any State, group or person
any right to engage in any activity or to perform any act aimed at the destruction of any of
the rights and freedoms set forth herein.
28
Chapter No.3
UNO WOMEN’S RIGHTS DECLARATION
Women Rights Study.
Convention on the Elimination of All Forms of Discrimination against
Women
The convention elaborates and puts into the form of a multilateral treaty the
substantive provisions of the DECLARATION ON THE ELIMINATION OF
DISCRIMINATION AGAINST WOMEN. It establishes international machinery for the
implementation of its provisions along the lines of those established for implementation
of the INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS, i.e., an
l8-member COMMITTEE ON THE ELIMINATION OF DISCRIMINATION AGAINST
WOMEN empowered to settle disputes between States parties concerning observance of
the convention and to receive and examine information from them on measures taken to
achieve its goals. The convention's underlying philosophy is that discrimination against
women is incompatible with human dignity and constitutes an obstacle to the full
realization of the potentialities of women; therefore, the right of women to share equally
in improved conditions of life must be promoted and protected.
The convention was adopted by the UN General Assembly on 18 December 1979
(resolution 34/180)1 and entered into force on 3 September 1981; the text, annexed to the
resolution, is as follows:
The States Parties to the present Convention,
Noting that the Charter of the United Nations reaffirms faith in fundamental
human rights, in the dignity and worth of the human person and in the equal rights of men
and women,
Noting that the Universal Declaration of Human Rights affirms the principle of
the inadmissibility of discrimination and proclaims that all human beings are born free
and equal in dignity and rights and that everyone is entitled to all the rights and freedoms
set forth therein, without distinction of any kind, including distinction based on sex.
_______________________________________________________________________
1. CEDAW UN General Assembly 18 Dec. 1979
29
Noting that the States parties to the International Covenants on Human Rights have the
obligation to ensure the equal right of men and women to enjoy all economic, social,
cultural, civil and political rights, Considering the international conventions concluded
under the auspices of the United Nations and the specialized agencies promoting equality
of rights of men and women,
Noting also the resolutions, declarations and recommendations adopted by the
United Nations and the specialized agencies promoting equality of rights of men and
women,
Concerned,
however,
that
despite
these
various
instruments
extensive
discrimination against women continues to exist,
Recalling that discrimination against women violates the principles of equality of
rights and respect for human dignity, is an obstacle to the participation of women, on
equal terms with men, in the political, social, economic and cultural life of their countries,
hampers the growth of the prosperity of society and the family and makes more difficult
the full development of the potentialities of women in the service of their countries and of
humanity,
Concerned that in situations of poverty women have the least access to food,
health, education, training and opportunities for employment and other needs,
Convinced that the establishment of the new international economic order based on equity
and justice will contribute significantly towards the promotion of equality between men
and women,
Emphasizing that the eradication of apartheid, all forms of racism, racial
discrimination, colonialism, neocolonialism, aggression, foreign occupation and
domination and interference in the internal affairs of States is essential to the full
enjoyment of the rights of men and women that the strengthening of international peace
and security, the relaxation of international tension, mutual cooperation among all States
irrespective of their social and economic systems, general and complete disarmament, in
particular nuclear disarmament under strict and effective international control, the
affirmation of the principles of justice, equality and mutual benefit in relations among
countries and the realization of the right of peoples under alien and colonial domination
30
and foreign occupation to self- determination and independence, as well as respect for
national sovereignty and territorial integrity, will promote social progress and
development and as a consequence will contribute to the attainment of full equality
between men and women,
Convinced that the full and complete development of a country, the welfare of the
world and the cause of peace require the maximum participation of women on equal
terms with men in all fields.
Bearing in mind the great contribution of women to the welfare of the family and
to the development of society, so far not fully recognized, the social significance of
maternity and the role of both parents in the family and in the upbringing of children, and
aware that the role of women in procreation should not be a basis for discrimination but
that the upbringing of children requires a sharing of responsibility between men and
women and society as a whole,
Aware that a change in the traditional role of men as well as the role of women in
society and in the family is needed to achieve full equality between men and women,
Determined to implement the principles set forth in the Declaration on the Elimination of
Discrimination against Women and, for that purpose, to adopt the measures required for
the elimination of such discrimination in all its forms and manifestations,
Have agreed on the following:
PART I
Article 1
For the purposes of the present Convention1, the term "discrimination against
women" shall mean any distinction, exclusion or restriction made on the basis of sex
which has the effect or purpose of impairing or nullifying the recognition, enjoyment or
exercise by women, irrespective of their marital status, on a basis of equality of men and
women, of human rights and fundamental freedoms in the political, economic, social,
cultural, civil or any other field.
_______________________________________________________________________
1. CEDAW Declaration having 6 parts and 30 articles
31
Article 2
States Parties condemn discrimination against women in all its forms, agree to
pursue by all appropriate means and without delay a policy of eliminating discrimination
against women and, to this end, undertake:
(a) To embody the principle of the equality of men and women in their national
constitutions or other appropriate legislation if not yet incorporated therein and to ensure,
through law and other appropriate means, the practical realization of this principle;
(b) To adopt appropriate legislative and other measures, including sanctions where
appropriate, prohibiting all discrimination against women;
(c) To establish legal protection of the rights of women on an equal basis with men and to
ensure through competent national tribunals and other public institutions the effective
protection of women against any act of discrimination;
(d) To refrain from engaging in any act or practice of discrimination against women and
to ensure that public authorities and institutions shall act in conformity with this
obligation;
(e) To take all appropriate measures to eliminate discrimination against women by any
person, organization or enterprise;
(f) To take all appropriate measures, including legislation, to modify or abolish existing
laws, regulations, customs and practices which constitute discrimination against women;
(g) To repeal all national penal provisions which constitute discrimination against
women.
Article 3
States Parties shall take in all fields, in particular in the political, social, economic
and cultural fields, all appropriate measures, including legislation, to ensure the full
development and advancement of women, for the purpose of guaranteeing them the
exercise and enjoyment of human rights and fundamental freedoms on a basis of equality
with men.
Article 4
1. Adoption by States Parties of temporary special measures aimed at accelerating de
facto equality between men and women shall not be considered discrimination as defined
in the present Convention, but shall in no way entail as a consequence the maintenance of
unequal or separate standards, these measures shall be discontinued when the objectives
32
of equality of opportunity and treatment have been achieved.
2. Adoption by States Parties of special measures, including those measures contained in
the present Convention, aimed at protecting maternity shall not be considered
discriminatory.
Article 5 States Parties shall take all appropriate measures:
(a) To modify the social and cultural patterns of conduct of men and women, with a view
to achieving the elimination of prejudices and customary and all other practices which are
based on the idea of the inferiority or the superiority of either of the sexes or on
stereotyped roles for men and women;
(b) To ensure that family education includes a proper understanding of maternity as a
social function and the recognition of the common responsibility of men and women in
the upbringing and development of their children, it being understood that the interest of
the children is the primordial consideration in all cases.
Article 6 States Parties shall take all appropriate measures, including legislation, to
suppress all forms of traffic in women and exploitation of prostitution of women.
PART II
Article 7
States Parties shall take all appropriate measures to eliminate discrimination
against women in the political and public life of the country and, in particular, shall
ensure to women, on equal terms with men, the right:
(a) To vote in all elections and public referenda and to be eligible for election to all
publicly elected bodies;
(b) To participate in the formulation of government policy and the implementation thereof
and to hold public office and perform all public functions at all levels of government;
(c) To participate in non-governmental organizations and associations concerned with the
public and political life of the country.
Article 8
States Parties shall take all appropriate measures to ensure to women, on equal terms with
men and without any discrimination, the opportunity to represent their Governments at
the international level and to participate in the work of international organizations.
33
Article 9
1. States Parties shall grant women equal rights with men to acquire, change or retain
their nationality. They shall ensure in particular that neither marriage to an alien nor
change of nationality by the husband during marriage shall automatically change the
nationality of the wife, render her stateless or force upon her the nationality of the
husband.
2. States Parties shall grant women equal rights with men with respect to the nationality
of their children.
PART III
Article 10
States Parties shall take all appropriate measures to eliminate discrimination against
women in order to ensure to them equal rights with men in the field of education and in
particular to ensure, on a basis of equality of men and women:
(a) The same conditions for career and vocational guidance, for access to studies and for
the achievement of diplomas in educational establishments of all categories in rural as
well as in urban areas; this equality shall be ensured in pre-school, general, technical,
professional and higher technical education, as well as in all types of vocational training;
(b) Access to the same curricula, the same examinations, teaching staff with qualifications
of the same standard and school premises and equipment of the same quality;
(c) The elimination of any stereotyped concept of the roles of men and women at all
levels and in all forms of education by encouraging coeducation and other types of
education which will help to achieve this aim and, in particular, by the revision of
textbooks and school programs and the adaptation of teaching methods;
(d) The same opportunities to benefit from scholarships and other study grants;
(e) The same opportunities for access to programs of continuing education, including
adult and functional literacy programs, particularly those aimed at reducing, at the earliest
possible time, any gap in education existing between men and women;
(f) The reduction of female student drop-out rates and the organization of programs for
girls and women who have left school prematurely;
(g) The same opportunities to participate actively in sports and physical education;
34
(h) Access to specific educational information to help to ensure the health and well-being
of families, including information and advice on family planning.
Article 11
1. States Parties shall take all appropriate measures to eliminate discrimination against
women in the field of employment in order to ensure, on a basis of equality of men and
women, the same rights, in particular:
(a) The right to work as an inalienable right of all human beings;
(b) The right to the same employment opportunities, including the application of the same
criteria for selection in matters of employment;
(c) The right to free choice of profession and employment, the right to promotion, job
security and all benefits and conditions of service and the right to receive vocational
training and retraining, including apprenticeships, advanced vocational training and
recurrent training;
(d) The right to equal remuneration, including benefits, and to equal treatment in respect
of work of equal value, as well as equality of treatment in the evaluation of the quality of
work;
(e) The right to social security, particularly in cases of retirement, unemployment,
sickness, invalidity and old age and other incapacity to work, as well as the right to paid
leave;
(f) The right to protection of health and to safety in working conditions, including the
safeguarding of the function of reproduction.
2. In order to prevent discrimination against women on the grounds of marriage or
maternity and to ensure their effective right to work, States Parties shall take appropriate
measures;
(a) To prohibit, subject to the imposition of sanctions, dismissal on the grounds of
pregnancy or of maternity leave and discrimination in dismissals on the basis of marital
status;
(b) To introduce maternity leave with pay or with comparable social benefits without loss
of former employment, seniority or social allowances;
35
(c) To encourage the provision of the necessary supporting social services to enable
parents to combine family obligations with work responsibilities and participation in
public life, in particular through promoting the establishment and development of a
network of child care facilities;
(d) To provide special protection to women during pregnancy in types of work proved to
be harmful to them.
3. Protective legislation relating to matters covered in this article shall be reviewed
periodically in the light of scientific and technological knowledge and shall be revised,
repealed or extended as necessary.
Article 12
1. States Parties shall take all appropriate measures to eliminate discrimination against
women in the field of health care in order to ensure, on a basis of equality of men and
women, access to health care services, including those related to family planning.
2. Notwithstanding the provisions of paragraph 1 of this article, States Parties shall ensure
to women appropriate services in connection with pregnancy, confinement and the postnatal period, granting free services where necessary, as well as adequate nutrition during
pregnancy and lactation.
Article 13
States Parties shall take all appropriate measures to eliminate discrimination against
women in other areas of economic and social life in order to ensure, on a basis of equality
of men and women, the same rights, in particular:
(a) The right to family benefits;
(b) The right to bank loans, mortgages and other forms of financial credit
(c) The right to participate in recreational activities, sports and all aspects of cultural life.
Article 14
1. States Parties shall take into account the particular problems faced by rural women and
the significant roles which rural women play in the economic survival of their families,
including their work in the non-monetized sectors of the economy, and shall take all
appropriate measures to ensure the application of the provisions of the present
36
Convention to women in rural areas.
2. States Parties shall take all appropriate measures to eliminate discrimination against
women in rural areas in order to ensure, on a basis of equality of men and women, that
they participate in and benefit from rural development and, in particular, shall ensure to
such women the right:
(a) To participate in the elaboration and implementation of development planning at all
levels;
(b) To have access to adequate health care facilities, including information, counseling
and services in family planning;
(c) To benefit directly from social security programs;
(d) To obtain all types of training and education, formal and non-formal, including that
relating to functional literacy, as well as, inter alia, the benefit of all community and
extension services, in order to increase their technical proficiency;
(e) To organize self-help groups and co-operatives in order to obtain equal access to
economic opportunities through employment or self- employment;
(f) To participate in all community activities;
(g) To have access to agricultural credit and loans, marketing facilities, appropriate
technology and equal treatment in land and agrarian reform as well as in land resettlement
schemes;
(h) To enjoy adequate living conditions, particularly in relation to housing, sanitation,
electricity and water supply, transport and communications.
PART IV
Article 15
1. States Parties shall accord to women equality with men before the law.
2. State Parties shall accord to women, in civil matters, a legal capacity identical to that of
men and the same opportunities to exercise that capacity. In particular, they shall give
women equal rights to conclude contracts and to administer property and shall treat them
equally in all stages of procedure in courts and tribunals.
3. States Parties agree that all contracts and all other private instruments of any kind with
a legal effect which is directed at restricting the legal capacity of women shall be deemed
37
null and void.
4. States Parties shall accord to men and women the same rights with regard to the law
relating to the movement of persons and the freedom to choose their residence and
domicile.
Article 16
1. States Parties shall take all appropriate measures to eliminate discrimination against
women in all matters relating to marriage and family relations and in particular shall
ensure, on a basis of equality of men and women:
(a) The same right to enter into marriage;
(b) The same right freely to choose a spouse and to enter into marriage only with their
free and full consent;
(c) The same rights and responsibilities during marriage and at its dissolution;
(d) The same rights and responsibilities as parents, irrespective of their marital status, in
matters relating to their children; in all cases the interests of the children shall be
paramount;
(e) The same rights to decide freely and responsibly on the number and spacing of their
children and to have access to the information, education and means to enable them to
exercise these rights;
(f) The same rights and responsibilities with regard to guardianship, wardship, trusteeship
and adoption of children, or similar institutions where these concepts exist in national
legislation; in all cases the interests of the children shall be paramount;
(g) The same personal rights as husband and wife, including the right to choose a family
name, a profession and an occupation;
(h) The same rights for both spouses in respect of the ownership, acquisition,
management, administration, enjoyment and disposition of property, whether free of
charge or for a valuable consideration.
2. The betrothal and the marriage of a child shall have no legal effect, and all necessary
action, including legislation, shall be taken to specify a minimum age for marriage and to
make the registration of marriages in an official registry compulsory.
38
PART V
Article 17
1. For the purpose of considering the progress made in the implementation of the present
Convention, there shall be established a Committee on the Elimination of Discrimination
against Women (hereinafter referred to as the Committee) consisting, at the time of entry
into force of the Convention, of eighteen and, after ratification of or accession to the
Convention by the thirty-fifth State Party, of twenty-three experts of high moral standing
and competence in the field covered by the Convention. The experts shall be elected by
States Parties from among their nationals and shall serve in their personal capacity,
consideration being given to equitable geographical distribution and to the representation
of the different forms of civilization as well as the principal legal systems.
2. The members of the Committee shall be elected by secret ballot from a list of persons
nominated by States Parties. Each State Party may nominate one person from among its
own nationals.
3. The initial election shall be held six months after the date of the entry into force of the
present Convention. At least three months before the date of each election the SecretaryGeneral of the United Nations shall address a letter to the States Parties inviting them to
submit their nominations within two months. The Secretary-General shall prepare a list in
alphabetical order of all persons thus nominated, indicating the States Parties which have
nominated them, and shall submit it to the States Parties.
4. Elections of the members of the Committee shall be held at a meeting of States Parties
convened by the Secretary-General at United Nations Headquarters. At that meeting, for
which two thirds of the States Parties shall constitute a quorum, the persons elected to the
Committee shall be those nominees who obtain the largest number of votes and an
absolute majority of the votes of the representatives of States Parties present and voting.
5. The members of the Committee shall be elected for a term of four years. However, the
terms of nine of the members elected at the first election shall expire at the end of two
years; immediately after the first election the names of these nine members shall be
chosen by lot by the Chairman of the Committee.
6. The election of the five additional members of the Committee shall be held in
accordance with the provisions of paragraphs 2, 3 and 4 of this article, following the
39
thirty-fifth ratification or accession. The terms of two of the additional members elected
on this occasion shall expire at the end of two years, the names of these two members
having been chosen by lot by the Chairman of the Committee.
7. For the filling of casual vacancies, the State Party whose expert has ceased to function
as a member of the Committee shall appoint another expert from among its nationals,
subject to the approval of the Committee.
8. The members of the Committee shall, with the approval of the General Assembly,
receive emoluments from United Nations resources on such terms and conditions as the
Assembly may decide, having regard to the importance of the Committee's
responsibilities.
9. The Secretary-General of the United Nations shall provide the necessary staff and
facilities for the effective performance of the functions of the Committee under the
present Convention.
Article 18
1. States Parties undertake to submit to the Secretary- General of the United Nations, for
consideration by the Committee, a report on the legislative, judicial, administrative or
other measures which they have adopted to give effect to the provisions of the present
Convention and on the progress made in this respect:
(a) Within one year after the entry into force for the State concerned.
(b) Thereafter at least every four years and further whenever the Committee so requests.
2. Reports may indicate factors and difficulties affecting the degree of fulfillment of
obligations under the present Convention.
Article 19
1. The Committee shall adopt its own rules of procedure.
2. The Committee shall elect its officers for a term of two years.
Article 20
1. The Committee shall normally meet for a period of not more than two weeks annually
in order to consider the reports submitted in accordance with article 18 of the present
Convention.
40
2. The meetings of the Committee shall normally be held at United Nations Headquarters
or at any other convenient place as determined by the Committee.
Article 21
1. The Committee shall, through the Economic and Social Council, report annually to the
General Assembly of the United Nations on its activities and may make suggestions and
general recommendations based on the examination of reports and information received
from the States Parties. Such suggestions and general recommendations shall be included
in the report of the Committee together with comments, if any, from States Parties.
2. The Secretary-General of the United Nations shall transmit the reports of the
Committee to the Commission on the Status of Women for its information.
Article 22
The specialized agencies shall be entitled to be represented at the consideration of the
implementation of such provisions of the present Convention as fall within the scope of
their activities. The Committee may invite the specialized agencies to submit reports on
the implementation of the Convention in areas falling within the scope of their activities.
PART VI
Article 23
Nothing in the present Convention shall affect any provisions that are more conducive to
the achievement of equality between men and women which may be contained:
(a) In the legislation of a State Party; or
(b) In any other international convention, treaty or agreement in force for that State.
Article 24
States Parties undertake to adopt all necessary measures at the national level aimed at
achieving the full realization of the rights recognized in the present Convention.
Article 25
1. The present Convention shall be open for signature by all States.
2. The Secretary-General of the United Nations is designated as the depository of the
present Convention.
41
3. The present Convention is subject to ratification. Instruments of ratification shall be
deposited with the Secretary-General of the United Nations.
4. The present Convention shall be open to accession by all States. Accession shall be
effected by the deposit of an instrument of accession with the Secretary-General of the
United Nations.
Article 26
1. A request for the revision of the present Convention may be made at any time by any
State Party by means of a notification in writing addressed to the Secretary-General of the
United Nations.
2. The General Assembly of the United Nations shall decide upon the steps, if any, to be
taken in respect of such a request.
Article 27
1. The present Convention shall enter into force on the thirtieth day after the date of
deposit with the Secretary-General of the United Nations of the twentieth instrument of
ratification or accession.
2. For each State ratifying the present Convention or acceding to it after the deposit of the
twentieth instrument of ratification or accession, the Convention shall enter into force on
the thirtieth day after the date of the deposit of its own instrument of ratification or
accession.
Article 28
1. The Secretary-General of the United Nations shall receive and circulate to all States the
text of reservations made by States at the time of ratification or accession .
2. A reservation incompatible with the object and purpose of the present Convention shall
not be permitted.
3. Reservations may be withdrawn at any time by notification to this effect addressed to
the Secretary-General of the United Nations, who shall then inform all States thereof.
Such notification shall take effect on the date on which it is received.
42
Article 29
1. Any dispute between two or more States Parties concerning the interpretation or
application of the present Convention which is not settled by negotiation shall, at the
request of one of them, be submitted to arbitration. If within six months from the date of
the request for arbitration the parties are unable to agree on the organization of the
arbitration, any one of those parties may refer the dispute to the International Court of
Justice by request in conformity with the Statute of the Court.
2. Each State Party may at the time of signature or ratification of the present Convention
or accession thereto declare that it does not consider itself bound by paragraph 1 of this
article. The other States Parties shall not be bound by that paragraph with respect to any
State Party which has made such a reservation.
3. Any State Party which has made a reservation in accordance with paragraph 2 of this
article may at any time withdraw that reservation by notification to the Secretary General
of the United Nations.
Article 30
The present Convention, the Arabic, Chinese, English, French, Russian and
Spanish texts of which are equally authentic, shall be deposited with the Secretary
General of the United Nations. In witness whereof the undersigned, duly authorized, have
signed the present Convention.
43
Chapter No. 4
WOMEN RIGHTS STUDY WITH SPECIAL
REFERENCE TO PAKISTAN.
Condition of Women.
There is a common belief that the condition of women today is not as bad as it used
to be, that it has reached a certain level of acceptability and therefore only a few changes
are needed to achieve gender equality worldwide. A collection of articles, testimonies,
portraits, essays and analyses on the situation of women around the world, Le Livre Noir
de la Condition des Femmes
1
is making up for these misperceptions and is shedding a
brighter light on the specific inequities confronting women in today's world. From the
Bollywood scenes to the European suburbs; from the tribunals in Maghreb to the streets
in China; the plight of women is presented from a women's point of view.
Francoise Gaspard, who introduces the book, explains that what is at stake in the
debate on the situation of women is foremost a question of generations. Taking the
example of France, she believes that today's young women are more comfortable and
inclined to assume the problems facing women as a whole than their mothers who grew
up in an era when being a feminist was much more politicized. "We mainly wrote the
book to encourage this generation of young women who want to make a change and who
want to commit themselves in this fight," Gaspard explains.
However, the ambition of Le Livre Noir de la Condition des Femmes is also to open
the world's eyes to a reality that can no longer be ignored. The articles are clear, accurate
and knowledgeable but they are also incomprehensible. Why are the majority of people
infected by HIV/AIDS women living in SubSaharan Africa? Why are thousands of baby
girls in Asia being killed simply because of their gender? Why are women throughout
the world always the poorest of the poor? These are some questions that are raised in the
book and that require close scrutiny and answers.
Le Livre Noir de la Condition des Femmes denounces sexual mutilation, arranged
marriage, domestic violence, female infanticide, modern slavery, rapes and war crimes,
human trafficking, absence of rights for women, and other kind of abuses against
women, whatever they are and wherever they are committed.
_______________________________________________________________________
1. The Black Book on the Condition of Women by Francoise Gaspard, France
44
The objective is not to assess blame, but to raise awareness and to seek solutions.
The status of women is a global issue. No society, no social class is spared by the
scourge of violence and restricted rights.
Inequalities and Injustices Committed Against Women.
Inequalities and injustices committed against women are not restricted to
developing countries. In the preface of the book, Christine Ockrent
1
the first female
anchor on a primetime television show in France, does not hesitate to be critical of
certain governments in the West. She openly attacks their so called multiculturalism and
cultural relativism which she considers excuses to remain passive in the fight against the
worse atrocities. She wrote, "Will we be accused of arrogance and cultural imperialism?
Certain people, in the name of the freedom of speech or of the respect of all traditions,
want to make us accept the violations of the universal principles, which affirm gender
equality... With the pretext to defend globalization, they consider that we should accept
the most degrading and archaic practices. Of course, it is important to promote the
cultural diversity that makes the richness of ourworld. But not if it implies to ignore the
most fundamental human rights."
Even in countries known for their good human rights' practices, there are still
noteworthy inequalities. In Scandinavia, there are still fewer women than men in
parliaments, in spite of different laws in favor of parity. And yet, most of the 40
contributors to Le Livre Noir de la Condition des Femmesconsider that even if they are
not being fully respected, the national and international laws remain one of the most
powerful tools to fight injustices.
The general recommendation is that women and men worldwide should
acknowledge now that the empowerment of women is necessary for equitable
development in our modern world. Promoting women is not a way to diminish men, but
is the best warranty of balance and progress for our societies, affirms Ockrent.
Le Livre Noir de la Condition des Femme, XO Editions, 2006, 777 pages.
________________________________________________________________________
1. Christine Ockrent Famous Anchor of Prime Time Television Show, Franch
45
1) Frangoise Gaspard is a member of the Committee on the Elimination of
Discrimination against Women (CEDAW) and is a Professor at I'Ecole des Hautes
Etudes en Sciences Sociales (EHESS) in Paris.
Women Rights.
 All citizens are equal before law and are entitled to equal protection of law. There
shall be no discrimination on the basis of sex alone.
 No citizen otherwise qualified for appointment in the service of Pakistan shall be
discriminated against in respect of any such appointment on the ground only of sex.
 Steps shall be taken to ensure full participation of women in all spheres of national
life.
 The state shall protect the marriage, the family, the mother...
 The state shall ... [ensure] that ... women are not employed in vocations unsuited to
their sex....
Constitution of Pakistan 1
Articles 25, 27, 35, 37
All human beings are born free and equal in dignity and rights...
Everyone is entitled to all the rights and freedoms set forth in this Declaration, without
distinction of any kind
All are equal before the law and are entitled without any discrimination to equal
protection of the law.
Men and women of full age ... are entitled to equal rights as to marriage, during
marriage and at its dissolution. Marriage should be entered into with the free and full
consent of the intending spouses. Everyone has the right to equal access to public service
in his country.
Mother and childhood are entitled to special care and assistance.
Universal Declaration of Human Rights
Articles 1, 2, 7, 16, 21(2), 25(2)
_______________________________________________________________________
1. Constitution of Pakistan, 1973
46
Women and the Law.
The Prevention of Anti-Women Practices (Criminal Law Amendment) Bill was
introduced in the National Assembly by the PML-Q, looking to end "social, political and
religious excesses against women". It was stated that the proposed law would bring an
end to certain discriminatory practices against women, like depriving them of the right to
inherit property, sale and purchase of women, marriage with the Holy Quran and
traditions of Vani and matters relating to divorce. The bill was said to be against customs
that were against women's rights and their dignity, both specified by the law and Islam. It
also suggested jail terms, ranging from three to seven years, and fines for culprits found
involved in forcing women to perform or indulge in objectionable practices. (D, Feb 14)1
However, many rights activists believed the bill to be a very weak legislation and reinstating already set punishments and actually lowering the present 10 year jail term to 3
years instead. (NGO Statement: Pakistan, presented at the 38`h Session of CEDAW
Committee, United Nations, May 21, 2007) Recommendations on some of the topics had
also been previously made by the National Commission on the Status of Women
(NCSW)2.
A controversial case brought up the issue of gender discrimination in the Pakistan
Citizenship Act 1951, when a Pakistani woman wanting to secure Pakistani nationality
for her foreign national husband was denied this process. She was informed that
Pakistani women were not entitled to it, unlike Pakistani men, because if foreign men
were allowed in as Pakistanis it would legalise the stay of a large number of illegal
immigrants and also increase their influx. The government added that a foreign husband
would add to the unemployment rate and could also, after obtaining the citizenship,
divorce the woman and move around freely in the country. It would be a blanket
approval for all foreign nationals to marry Pakistani women and obtain nationality, the
majority of them could even misuse this provision, especially Afghan refugees and
illegal Bengali, Bihari and other South Asian immigrants, asserted the Government.
This argument was taken to court, which invited HRCP to address it, and the Federal
Shariat Court declared the Act to be discriminatory against women and asked the
president to amend it within six months.
_______________________________________________________________________
1. The DAWN Daily newspaper from Karachi.
2. NCSW: National Commision of Status of Women.
47
"We are of the view that Section 10 of the Citizenship Act is discriminatory,
negates gender equality and is in violation of Articles 2-A (Objective Resolution) and 25
(equality of citizens) of the Constitution, also against international commitments of
Pakistan and, most importantly, is repugnant to the Holy Quran and Sunnah," a 26-page
judgment announced. The court had taken suo motu notice on a news report. (D, Dec 20)
The immunity through the waiver of retribution (qisas) and/or payment of
compensation (diyat) by victims' heirs, who are usually common descendant in the
family, where most of the `honour' crimes are committed, is still being enjoyed by
perpetrators of honour killings.
The informal legal systems in rural areas, such as panchayats and jirgas, based on
unjust and male-dominated cultural practices, continued to mete out grave injustices
upon the vulnerable masses, especially women, who have no say in the decision and
judgment process.
A renewed debate on the controversial Hudood ordinances began early in 2006,
with changes in the law passed in November by parliament under the Protection of
Women Act, 2006.
The legislation was passed by the ruling PML-Q with' the support of the PPP. The
MMA boycotted the final passage of the bill, while the PML-N abstained from voting.
HRCP described the bill as 9'first step forward', but stated that many other
changes in law were required to make any meaningful difference to the plight of women.
The process leading to the final passage of the bill was along and often heated
one. A draft of the Women's Protection Bill prepared by the government began to do the
rounds early in, 2006. This initial draft recommended fairly sweeping amendments in the
Hudood laws.
Thee draft, which' after passing through the hands of a select committee, was tabled
before the National Assembly in August 2006 was however reported to have been
significantly watered down. However, they MMA created chaos over the bill, declaring it
un-Islamic and hurling torn copies of the draft to the floor.
The government, following this chaos, entered into dialogue with the MMA, at the
end of which the two sides agreed on a new draft, which in effect rendered the bill
meaningless. In its statement on the issue, HRCP described the new draft as ‘farcical'
and held that it did nothing to address the basic issues of discrimination against women.
HRCP said the changes gave leeway to the judiciary to interpret the law in the most
orthodox way and contended that the legislation complicated matters by creating
48
confusion between Islamic and civil laws, as well as on questions of jurisprudence of the
appropriate judicial forum.
Amid mounting controversy, this draft was not passed, while the MMA threatened
to resign if the version of the draft finalized by the select committee was converted into
law.
The willingness of the government to negotiate on all aspects of the draft with
orthodox elements and agree to alterations which in fact meant women would be no
better off than before, had come under severe criticism from women's rights groups and
other bodies.
The bill was eventually passed on November 15, with the law containing one
amendment from the version approved by the select committee. It was passed by the
Senate a short time afterwards, again after bitter debate.
HRCP and other civil society organizations continued to demand the Hudood laws
be scrapped in their entirety.
A repeal of the laws imposed in 1979, under which hundreds of women across the
country remained in jail, had already been recommended in 2003 by the National
Commission on the Status of Women (NCSW). Its findings echoed those of various
commissions and committees over the years, including the 1997 Commission of Inquiry
for Women headed by Justice (recd.) Nasir Aslam Zahid.
Regarding other legislation to better the plight of women, HRCP held that while the
relief, in the form of the release from jails, given to hundreds of women under the Law
Reforms Ordinance, 2006, issued by President Pervez Musharraf in July 2006, was
welcome, it did nothing to address longer-term issues, with more women continuing to
be detained each day.
Draft bills moved by the Pakistan Peoples Party (PPP) early in 2006, seeking a
scrapping of Hudood law provisions failed to make it through parliament. The MMA
and the PML-N walked out of the house in February 2006 when a fresh attempt was
made to table the bill.
A draft law on the prevention of domestic violence against women, moved by two
women MNAs was also sent to a committee in August after the minister of parliamentary
affairs made remarks in the National Assembly claiming the bill violated Islamic laws.
His comments created an uproar with a number of members of the ruling party supporting
the PPP on the issue and insisting the bill at least be introduced. Meanwhile, the Minister
of State for Religious Affairs, in a statement, condoned marital rape.
49
Other discriminatory legislature including the Qisas and Diyat law, laying down
fines to be paid in cases of bodily harm, stayed on the statute books.
Official attitudes towards legislating for the rights of women were highlighted in
June 2006, when the interior ministry rejected a proposal moved by two government
MNAs in the National Assembly two years previously that the husbands of Pakistani
women who marry foreign men be granted citizenship. This provision was already in
place for Pakistani men wedding foreign women. The interior ministry in its objections
held such a change could allow spies to infiltrate the country.
In June 2006, proposals made by-the NCSW on changes in inheritance laws for
women were promptly rejected by a senior minister in the NWFP government, who said
a committee set up in Peshawar would make its own recommendations.
A meeting attended by top provincial officials to review the issue of establishment
of Family Courts in the provinces was held at the Supreme Court in July. It was agreed
there was a need to streamline the working of family courts and create more posts for
women judges and magistrates.
WHEN WOMEN RULES
For women, but not for men, there is a ' tradeoff in qualities associated with top
leadership. A woman can be perceived as competent or as likable, but not both
WHILE no woman has been president of the United States yet - the world does have
several thousand years' worth of experience with female leaders. And I have to
acknowledge it: Their historical record puts men's to shame.
A notable share of the great leaders in history have been women:_ Queen Hatshepsut
and Cleopatra of Egypt, Empress Wu Zetian of China, Isabella of Castile, Queen
Elizabeth I of England, Catherine the Great of Russia, and Maria Theresa of Austria.
Granted, I'm neglecting the likes of Bloody Mary, but j it's still true that those' women
who climbed to power in monarchies had an astonishingly high success rate.
Research by political psychologists points to possible explanations. Scholars find that
women, compared with men, tend to excel in consensus-building and i certain other skills
useful in leadership. If 1 so, why have female political leaders been
f
so touch less
impressive in the democratic era? Margaret Thatcher was a transformative figure, but
women have been mediocre prime ministers or , presidents in countries like Sri Lanka,
India, Bangladesh, Pakistan, - the e Philippines and Indonesia. Often, they haven't even
addressed the gent needs of women in those countries.
50
I have a pet theory about what’s going on.
In monarchies, women who rose to the top dealt mostly with a narrow elite, so
they could prc ve themselves and get on with governing. But in democracies in the
television age, female leaders also have to navigate public prejudices - and these make
democratic politics far more challenging for a woman than for a man.
In one common experiment, the "Goldberg paradigm people are asked to evaluate
a particular article or speech, supposedly by a man. Others are asked to evaluate the
identical presentation, but from a woman. Typically, in countries all over the world, the
very same words are rated higher coming from a man.
In particular, one lesson from this research is that promoting their own successes
is a helpful strategy for ambitious men. But experiments have demonstrated that when
women highlight their accomplishments, that's a turn-off. And women seem even more
offended by self-promoting females than men are.
This creates a huge challenge for ambitious women in politics or business: If
they're self-effacing, people find them unimpressive, but if they talk up their
accomplishments, they come' acre'- as pushy braggarts.
The broader conundrum is that for women, but not for men, there is a tradeoff in qualities
associated with top leadership. A woman can be perceived as competent or as likable, but
not both. "It's an uphill struggle, to be judged both a good woman and a good leader", said
Rosabeth Moss Kanter, a Harvard Business School professor who is an expert on women
in leadership. Professor Kanter added that a pioneer in a man’s world, like Hillary
Rodham Clinton, also faces security on many more dimension than a man – witness the
public debate about Mrs. Clinton’s allegedly “ thick ankles”, or the headlines last year
cleavage.
Scholars find that women, compared with men, tend to excel in consensusbuilding and certain other skills useful in leadership. If so, why have female
political leaders been so much less impressive in the democratic
era? Thatcher was a transformative figure but women have been mediocre prime
ministers or presidents in countries like Sri Lanka, India, Bangladesh and
Pakistan
51
'It's an uphill struggle, to be judged both a good woman and a good leader, said
Rosabeth Moss Kanter. Kanter added that a pioneer in a man's world, like
Hillary Rodham Clinton, also faces scrutiny on many more dimensions than a
man witness the public -debate about Mrs Clinton's allegedly 'thick 'ankles', or
the headlines last year about cleavage.
because they - were subconsciously pegged as stereotypically female and therefore
unsuited for a job as a boss. Female leaders face ' these impossible judgments all over the world. An MIT
economist, Esther- Duflo,' looked at India, which has , required female leaders in onethird of village councils since the mid-1990s. Professor Duflo and her colleagues found
that by objective standards, the women ran the villages better than men. For example,
women constructed and maintained wells better, and took fewer bribes.
Yet ordinary villagers themselves judged the women as having done a worse job,
and so most women were not re-elected. That seemed to result from simple prejudice.
Professor Duflo asked villagers to listen to a' speech, identical except that it was given by
a man in some cases and by a woman in others. Villagers gave the speech much lower
marks when it was given by a woman.
Such prejudices can be overridden after voters actually see female leaders in action. While the first ones received dismal evaluations, the second round of female
leaders in the villages were rated the same as men. "Exposure reduces. prejudice",
Professor Duflo suggested.
Women have often quipped that they have to be twice as good as men to get
anywhere - but that, fortunately, is not difficult. In fact, it appears that it may be difficult
after all. Modern democracies may empower deep prejudices and thus constrain female
leaders in ways that ancient monarchies did not. 1
Women and Politics.
In international rankings, Pakistan fared well in terms of the role it gave to women
in government. In a report in July 2006, the Inter-Parliamentary Union (IPU), the
international organization of parliaments based in Geneva, said Pakistan stood at 42nd
position amongst 134 countries in terms of the representation of women in legislative
bodies. This placed it above all other South Asian countries.
________________________________________________________________________
1. The New York Times
52
There were 73 women in Pakistan's National Assembly which comprised 342
members. Women thus made up 21.3 percent of the lower house.1 There were 17
women in the Senate, which had 100 members in total.
At least 43,000 women councilors were elected to local governments in elections
held at the' end of 2005.
While there was criticism of the fact that many of the women representatives were
related to influential male political figures, and as such did not represent ordinary
Pakistani women, HRCP said it believed the increased room for women in politics
would bring positive results in the future.
Far more disturbing was the fact that tens of thousands of women remained deprived of
their right to vote. Many more men than women were listed on voting lists and there
seemed little hope that the discrepancy would be rectified as the Election Commission, in
the middle of 2006, began the process of updating voting lists. EC officials stated in
September it was difficult to enlist women in some parts of the NWFP. [See also Chapter
on Political Participation].
In Dir, where orthodox elements had during local government elections held in
2005 attempted to prevent women from voting or filing nomination papers for contesting
polls, it was reported in April that women councillors were not allowed to attend
meetings of the district, tehsil and union council meetings. Instead their male relatives,
who were themselves not elected, were reported to be attending the sessions on their
behalf.
Local political leaders and nazims of the district, tehsil and union councils were
stated'to have barred the women councillors from attending meetings and other activities
of their union councils. (Dawn, April 29, 2006)2
The local administration had made no attempt to intervene.
There were nine women councillors in the Upper Dir District Council, six in the
Upper Dir Tehsil Council and three in the Wari Tehsil Council. Only two women
councillors were attending the council sessions.
In Lower Dir district, women councillors complained they were not given any
role in the district council's working and stated they had been called to the council
meeting only for the election of the district nazim.
_______________________________________________________________________
1. General Election of Paksitan 2002.
2. The Dawn Daily Newspaper from Karachi.
53
The women had been elected to councils and women voters allowed to vote after
NGOs, in 2005, backed by the Election Commission and the Supreme Court, had taken
action during local body polls in 2005. NGO activists attempting to encourage women
to participate in the polling process were harassed and in some cases reported in late
2005, threatened by local orthodox elements.
In March 2006, women lawmakers from the PPP and PML demanded parties
nominate women candidates on 20 percent of general: seats and also reserve slots for
them in decision making bodies within the party
The Women's Political School (WPS), a project of the ministry of women
development, in collaboration with the UN Development Programme, in May began a
$4.5million project, funded by the government of Norway, to train women councilors.
The school's first project was to train 28,000 councilors.
Women councilors complained during the year that, despite a clear-cut policy, they
were frequently denied the 33 percent share in development funds pledged by the
government. They also complained of exclusion from decision-making and a denial of
privileges extended to their male counterparts, such as office space.
Women MPAs in the NWFP, who had been given Rs. 5 million each for development
work in 2002 and Rs l0'million in 2005-2006 were reported not to have come up with any
scheme to facilitate or empower women. The women legislators stated they had not been
permitted to identify schemes outside the priority sectors mentioned in the Tameer-eSarhad programme, and thus had spent funds mainly on road paving or canal de-silting.
(Dawn, May 31, 2006).
Reservation of seats for women is placed at 33% at the local level and 17% for the
national and provincial legislatures. Despite these numbers the women in the
government are given few decision-making powers or key positions. The appointment
system gives complete control over selection to political party leadership and thus
ensures nomination on the basis of relationship or influence rather than merit. (NGO
Statement: Pakistan, presented at the 38t1 Session of CEDAW Committee, United
Nations, May 21, 2007)
Various women councilors across Pakistan complained of receiving an unfair or no
share from the money allotted for development in their areas. Money was either usurped
by parties in power or majority, or it was used otherwise by their un-elected male
relatives, as is the case in Upper Dir District. Since the 2005 local bodies elections, over a
hundred women councilors were being represented by their un-elected male relatives. The
54
men attended the meetings, signed the register, took part in decisions and promoted their
politico-religious agendas and arrogated the women councilor’s shares in the Annual
Development Plan (ADP). The women councilor’s seats were also used for negotiating
and selling votes to various candidates, making the positions money-making apparatuses
for the male relatives. (N, Apr 8)
Women councilors also complained that they were denied share in development
schemes and kept out of decision-making processes. The budget allocated to women
councilors and women development projects was meager and needed to be rationally
revised. In March, female councilors in the Lakki Marwat district said that they would not
run for the seats reserved for them during the next local government elections because
they had been completely ignored in the identification and approval of development
schemes. (D, Mar 8)
Discrepancies in the voters' list this year sparked a huge outcry after it was learned
that from the previous 80 million voters listed the list had been brought down to 45
million only. Under intense pressure and a Supreme Court order this list was expanded
within a very short period of time but there was a lot of ambiguity in the process of
compiling the list and many names are believed to be of "ghost voters". Women, who are
already misrepresented at all levels in the electoral process, were most likely the biggest
losers. In one newspaper it was reported that some 90,000 women were missing from the
new voters list. 1
WOMEN HAVE STILL A LONG WAY TO GO
ANOTHER milestone for Pakistani women in the parliament and government was
achieved last week with the swearing in of the first woman speaker of the National
Assembly, Fehmida Mirza.
This compensates somewhat for the blow that was dealt last December to women
in politics by the assassination of Benazir Bhutto, who had earlier made history for
women in Pakistan when she became the country's first woman prime minister in 1988.
Having a woman speaker puts us in the category of_ some 30 countries which currently have women presiding over their parliaments. These 30 countries range from the
developing Gambia, Swaziland, Zimbabwe and Lesotho to the developed USA, the UK,
Austria and New Zealand.
________________________________________________________________________
1. (RNE, Jun 21)
55
Apart from the first woman speaker, another milestone achievement by the new
National Assembly is the record number of female legislators: 74 out of the 342 members, 60 from reserved seats and 14 from general seats. The previous National Assembly
elected in 2002, had 72 women, 60 from reserved seats and 12 from general seats.
This raises the percentage of women in the National Assembly to.21.6 per cent,
slightly up from the 21.1 percent in the previous parliament. This means one in four to
five MNAs are women. Before 2002, women had never comprised more than two per
cent of the MNAs.
With these 21 percentage figures, we now compare favourably with the world and
regional averages the world average of women in parliament is 17.9 per cent while I the
regional average (Asia) of women in I parliament is 16.9 per cent (Inter- Parliamentary
Union report, December 2007).
While Pakistan is ranked higher than some developed countries like France (18.2
percent), USA (16.8 percent) and Japan (9.4 per cent) in teams of percentage of women in
parliament, within South Asia we rank second, after Afghanistan which has 27.7 percent
women (or 67) in the 242 seat parliament elected in the 2005 elections.
Nepal's percentage of women in parliament is 17.3 percent,-Bangladesh 15
percent (in the previous parliament elected in 2001 which had been dissolved since 2006),
Maldives 12 percent, India 9.1 percent, Sri Lanka 5.8 percent and Bhutan 2.7 percent.
This increased representation of women in our National Assembly in the 2000s
is in line with a similar general trend in parliaments worldwide.
Since the landmark 1995 Beijing Platform for Action which called on nations to
“review the differential impact of electoral systems on the political representation' of
women in electoral bodies and consider where appropriate the adjustment or reform of
those systems”, various governments from the UK and Belgium to South Africa, Rwanda
and Pakistan have adopted electoral quotas and other proactive measures to address the
longstanding gender imbalance in parliament.
By December 2007, 20 countries had succeeded in meeting the widely recognised
minimum benchmark to ensure a "critical mass" of women participation in parliaments,
i.e., 30 per cent women representation in parliament. Meanwhile, another 46 countries,
Pakistan included, had managed to achieve 20 to 29 per cent representation of women in
parliament.
But the 21 percentage of women in our National Assembly falls short of the
"critical mass" of 30 percent women participation in parliament.
56
In 2002 a 33 percent reservation of seats for women at all tiers of government in
Pakistan had been announced but this percentage has fallen since because of subsequent
increase in the overall number of seats in the National Assembly.
In September 2007, four months before the general elections originally scheduled
for January 2008, women politicians and activists belonging to various political parties
and organisations had demanded, at an All Parties Women Conference in Karachi )
organised by an NGO, that women be given 33 per cent representation in parliament, as
was promised in 2002. Their demand fell on deaf ears.
Despite the strides made in the representation of women in our National Assembly
and the selection of a woman speaker, and although women also play important leadership roles in community and non-government organisations, the representation of
women in public office remains considerably lower than that of men.
In fact, their representation in public office is nowhere even near the 21 percentage women representation in the National Assembly. For instance the last elected federal
government initially had only one woman minister in its cabinet of 33. This later
increased to three women ministers, but still this put women's representation in the
cabinet at only nine per cent. In the caretaker government, men held all but one of the 24
ministerial posts.
Also, men have always been holding the positions of all four chief ministers and
provincial governors. The first and only woman governor was Begum Ra'ana Liaquat Ali
Khan, who was Governor of Sindh in the 1970s.
Representation means more than elected politics: it means that more women must have
seats in the cabinet, that more women must be appointed to senior decision-making
positions, and that more women's voices must be heard and included when major political
reform or transformation is undertaken.
Some argue, however, that it is not only about numbers. While a critical mass of
women is necessary to ensure women's participation, the quality of the representation is
equally important. Thus, they point out, it is crucial to avoid the trap of electing or,
appointing `token women'.
Undoubtedly, ensuring that both women and men will be able to influence
decisions and resource allocations requires going beyond simply increasing the numberof women in different positions to providing real opportunities for influencing the agendas, institutions and processes of decision making.
57
WOMEN PARLIAMENTARIANS
Lis to of member of National and Provinces Assemblies since 1947 are given below: -
1947
Total Members:
69
Ladies
1. Bagum Jahan Ara (Western Pakistan)
2. Bagum Shaista Ikram Ullah (East Pakistan)
1955
Total Members:
80
Ladies
No one
1962
Total Members:
156
Ladies
1. Bagam Mujeeb-un-Nisa Akram (Western Pakistan)
2. Bagam Shamas-un-Nihar Mehmood (East Pakistan)
3. Bagam Khadija G.A Khan (Western Pakistan)
4. Bagam Raqeea Anwar (East Pakistan)
5. Bagam Siraj-un-Nisa Ch. (East Pakistan)
6. Bagam Zareen Sarfaraz (Western Pakistan)
1965-1969
Total Members:
156
Ladies
1. Bagam Zooli Azad (East Pakistan)
2. Bagam Mujeeb-un-Nisa Akaram (Western Pakistan)
3. Bagam Khwaja G.A Khan (Western Pakistan)
4. Bagan Zareen Sarfaraz (Western Pakistan)
5. Bagam Maryam Sham-ud-Din Ahmad (East Pakistan)
6. Bagam Syeda Razia Faiz (East Pakistan)
58
1977
Total Members:
144
Ladies
1. Shereen Wahab Dist. NWFP
2. Nargas Naseem Sindhu Punjab
3. Bagam Naseem Jahan Punjab
4. Miss. Zahida Sultana Punjab
5. Dr. Ashraf Abbasi Sindh
6. Jenifer Jahanzaib Qazi Musa Baluchistan
5 July 1977
Total Members:
210
Ladies
1. Bagam Naseem Wali Khan
2. Bagam Nusrat Bhutto Sindh
3. Bagam Kalsoom Saif Ullah NWFP
4. Balqis Bagam Baluchistan
5. Balqis Habib Ullah Punjab
6. Dilshad Bagam Punjab
7. Nafeesa Khalid Punjab
8. Nargas Naseem Sindh Punjab
9. Seema Usman Fateh Punjab
10. Naseem Sultana Akmat Sindh
11. Mubarak Bagam Punjab
2002 General Seats Member Parliament
1. Rehana Waseem
(NA-59 Atak) MLQ
2. Sameera Malik
(NA-69 Khoshab) National Alliance
3. Ghulam BiBi Bahrwana (NA-87 Jhang) MLQ
4. Saima Akhtar Bharwana (NA-90 Jhang) Azad Umeedwar
5. Sameena Khalid Ghurki (NA-130 Lahore) PP Parliamentarians
6. Robeena Watto
(NA-47 Okara) Azad Umeedwar
7. Khalida Mohsin
(NA-130 Lahore) PP Parliamentarians
59
8. Hina Rabbani
(NA-177 Muzaffar Garh) MLQ
9. Dr. Azra Zrdari
(NA-213 Nawab Shah) PP Parliamentarians
10. Shamsha Bachai
(NA-223 Hyderabad) PP Parliamentarians
11. Nasreen Jaleel
(NA-225/250 Karachi) MQM
12. Shameem Siddiqi
(NA-257 Karachi) MQM
13. Zubaida Jala
(NA-272 Gawadar) Azad Umeedwar
2002 General Seats Provincial Assembly
Punjab Assembly
1. Tasneem Nasir
(PP-25 Jehlam) MLQ
2. Dr. Nadia
(PP-34 Sargodha) PP Parliamentarians
3. Syeda Sughra Amam (PP-76 Jhang) MLQ
4. Asifa Riaz
(PP-88 Toba Tak Singh) Azad Umeedwar
5. Lala Shakeel Ur Rehman (PP-92 Gujranwala) PP Parliamentarians
6. Maria Tariq
(PP-113 Gujrat) MLQ
7. Rehana Jameel
(PP-145 Lahore) MLQ
Sindh Assembly
1. Balqees Mukhtar
(PS) MQM
2. Rehana Nasreen
(PS) MQM
NWFP Assembly
1. Ghazala Habib (PF-57 Mansehra) PP Shair Pao
2.
Baluchistan Assembly
1. Nasreen Ur Rehman (PP) Azad Umeedwar
2002 National Assembly
1. Mehnaz Rafi W/o M. Yahya (18 Chuburji Park Lahore) MLQ
2. Hajira Tariq W/o Tariq Aziz
(157 Garden Block, Garden Town Lhr) MLQ
3. Tanzeela Amir Cheema W/o Amir Sultan (Chak 38 Janubi Sargodha) MLQ
4. Dr. Donia Aziz D/o Tariq Aziz
(43-B, St. 15, PTV Scheme Islamabad)MLQ
5. Kashmala Tariq W/o Tariq Raheed (C-4 Defence Colony, Zafar Shaheed Road
Lahore) MLQ
6. Dr. Saira Tariq W/o Tariq Bajwa
(APCSIR Lahore) MLQ
7. Rifat Amjad W/o Mian Amjad Yaseen (431-B Main Bazar Faisalabad) MLQ
60
8. Atia Anayet Ullah W/o Anayet Ullah (1-Babar Block, Garden Town Lhr)MLQ
9. Bushra Rehman W/o Abdurrehman Mian (8-C Ahmed Block, Garden Town
Lahore) MLQ
10. Farzeen Ahmed D/o General Sarfaraz Khan (174-Shadman 2 Lahore) MLQ
11. Shahzadi Umer Zadi D/o Khizzar Hayat Tawana (Sarwar Road Lahore Cant)MLQ
12. Rahila Yahya W/o Syed Yahya Munavar (62-Gondal Road Islamabad) MLQ
13. Asia Azeem W/o Azeem Ch. (20-Leek Road, Old Anarkali Lahore) MLQ
14. Firdos Ashiq D/o Malik Ashiq Hussain (K-Chak Sialkot) MLQ
15. Bagam Tahmeena Dasti D/o Shaheen Ahmed Khan (Shami Road Lahore) MLQ
16. Onza Ehsan D/o Ehsan Ullah Butt (338 Satluj Block A.I. Town Lahore) MLQ
17. Bushra Nazir Hazeen D/o Nazeer Ahmed Akhtar (180-C New Shalimar Housing
Scheme Lahore) MLQ
18. Rozeena Tufail W/o Muhammad Tufail (Lahore) MLQ
19. Tahira Asif W/o Mian Asif Ali (Wifaqi Colony Lahore) MLQ
20. Naheed Khan W/o Dr. Safdar Ali Abbasi (799-D 5th Road, Rawalpindi) MLQ
21. Mrs. Bagam Husnain W/o Sadaqat Hussain (Moza Muhammad Shah, Tehsil
Kamalia, Toba Tak Singh) PP Parliamentarians
22. Mrs. Shakeela Rasheed W/o Sheikh M. Rasheed (189-Shadman 2, Lahore) PP
Parliamentarians
23. Fozia Habib D/o Cr. Habib (18-B Satellite Town Rawalpindi) PP
Parliamentarians.
24. Mehreen Anwar Raja D/o Raja M. Anwar (71-A Shah Jamal Lahore) PP
Parliamentarians
25. Mrs. Yasmeen Rehman W/o Mian Misbah Ur Rehman (88-GT Road Lahore) PP
Parliamentarians
26. Bagam Shahnaz Sheikh W/o Malik M. Azam (45-A, 10-B-1 Town Ship Lahore)
PP Parliamentarians
27. Rukhsana Bangash W/o Awais Bangash (48-Khayaban Iqbal F 7/2 Islamabad) PP
Parliamentarians
28. Mrs. Naseem Akhtar W/o Mazhar Ali Abbas (Moza Sheir Singh Shah Multan) PP
Parliamentarians
29. Samea Raheel Qazi W/o Dr. Jameel Ur Rehman (4-A Mansoora Lahore) MMA
30. Memona Hashmi W/o Zahid Mir Hashmi (Makhdoom Rasheed Multan) MLN
61
31. Bagam Ishrat Ashraf W/o Jafar Iqbal (Chak No. 105-B Tehsil & Dist. Raheem
Yar Khan) MLN
32. Tahmeena Doltana D/o Mian Riaz Doltana (Moza Doltana Wehari) MLN
33. Bagam Rehana Mashadi W/o Aleem Ul Islam Naqvi (17-D Faisal Town Lahore)
MLJ
34. Sameera Malik W/o Tahir Sarfaraz (House No. 26, St. 2, Sector E, 17 Islamabad)
National Alliance
35. Aila Malik (Kala Bagh Riasat Mianwali) National Alliance
Sindh Assembly
1. Miss. Fizza Jonejo D/o M. Khan Jonejo (Khan Sb. Din Muhammad Jonejo
Sindhari Tallqa Khapru Sanghar) MLQ
2. Shair Bano W/o Syed Nadeem Shah (49 Old Clifton Karachi) PP
Parliamentarians.
3. Mrs Raqia Khanum W/o Abdul Wahad Sumro Post Office Todero Larkana PP
Parliamentarians.
4. Miss Fouzia Wahab D/o Hussainwala R-3 Al-Bilal Society Karachi. PP
Parliamentarians.
5. Robina Saadat Qaimkhani W/o Saadat Ali Yasin C-134, Block D North
Nazimabad Karachi.
6. Nafisa Munawar Raj W/o Munawar Ahmed Junajo A483-Block 5Gulshan Iqbal
Karachi PP Parliamentarians.
7. Miss Shugfta D/o Haji Pir Muhammad Pirzada Tahalqa Mathari Haiderabad PP
Parliamentarians.
8. Dr. Farida Ahmed W/o Muhammad Ahmed Siddiqui 1006 A West Point Tower
Karachi. MMA.
9. Kaneez Ayesha W/o Syed Munawar Hussain 14-AR 72 Shadman Town, Karachi
MMA.
10. Shamim Akhtar W/o Muhamamd Suelman Khan E25, 267 Ghari Khan
Haiderabad, MQM
11. Rehana Nasreen D/o Nasir Ahmed Khan Ara Gulshan Shamim Phase 3 Karachi
MQM.
62
12. Shabina Talhat W/o Wasi Ahmed House No.2, Block No.3, Sector 5-E, New
Karachi MQM.
13. Gull Farkhanda D/o Muhammad Yousaf Siddique B-79, Block 10, Federal B Area
Karachi, National Alliance
14. Khursheed Afghan D/o Abdul Ghafoor D187- Aqil Makki Faridabad Sukhar. ML
Functional.
NWFP Assembly
1.
Mrs Zaib Gohar Ayoub W/o Gohar Ayub Tehsil & District Haripur M L (Q)
2.
Syed Farhana Khalid W/o Syed Wlaiat Shah Banori House Bonari Street, Bhana
Mari Peshawar MMA.
3. Razia Aziz W/o Khan Nawan S-44, University Campus Peshawar MMA.
4. Nayyar Sultana W/o Saif Ullah Khan Colony Badhani Road Peshawar MMA.
5. Jamila Ahmed W/o Malik Ahmed Jan Peshawar MMA.
6. Anbreen W/o Naeem Khan Hayatabad Peshawar MMA.
7. Anayat Begum W/o Muhammad Amin 49- K Street 2 No. Phase 3 MMA.
8.
Shahida Begum W/o Akhtar Ali , Muhammad Saeed Khail Lucky MMA.
Baluchistan Assembly
1.
Zabida Jalal W/o Changiz KhanA/4026 Mir Ahmed Khan Road, Queeta.
2.
Umarana Khawar W/o Muhamad Khawar Saeed Jan Muhammad Road Queeta.
MMA.
3.
Balqees Saif W/o Saif-ul-Haq 16-Noor Colony Khujak Road Queeta. MMA.
63
Leadership Traits on the Rise among Women
Leadership traits on considered as close preserve of people, particularly men at the
helm of affairs in any sphere of country life, has undergone a conceptual change during
the last three decades. The concept of leadership now has a widened scope and it
recognizes that women and other economically and socially disadvantaged segments of
population, if provided opportunity and conducive environment, can be effective leader in
the area of their responsibilities. No doubt it presupposes that they are possessed of requisite-academic and professional expertise to draw potentials of others to perform
effectively on the jobs assigned to them and also that they can bring a positive change in
line of their profession / work by influencing the course of events through their vision and
power of perception.
Decision making is considered as the most important attribute of leadership In
Pakistan and even in India despite women emancipation experienced during the last thirty
years and their earning entry in a big way in all lines of professions including politics,
leadership responsibilities are assigned to them very sparingly. In Pakistan, no doubt
women representation in assemblies Senate and local government has increased manifold
in recent years yet decisions taken through legislative process relating to issues
pertaining, to women and children exclusively are flouted by male legislators and thus
women's sense of responsibility for, creating change in social and political environment is
arrested. This may be due to the fact that majority of the women legislators have been
elected on reserved seats of all the houses and selection / election of women on these
seats solely depends on worms of male members, of that political party. In this regard
women representatives in assemblies need to show candor and assert for their, right to
mobilize the opinion of the entire parliament for all the gender related issues, and policies
irrespective of general poll / views of the political party they belong to on that particular
issue.
In academic field although almost 50% of total students strength in universities
and campuses comprises women yet, representation of women as heads of department or
vice chancellors of universities and principals of profession colleges is very low. There
are only six women vice chancellors among more than 100 recognized universities and
professional education academies. Same-percentage can be assigned to women principals
of the colleges, other than exclusive women colleges. It is purely culture norms and
values, which associate leadership primarily to men despite the fact that women are found
64
well placed with regard to all attributes of leadership if compared to their counterparts.
In the, field of finance quite a headway has been made Appointment of a woman as
Governor State Bank of Pakistan establishment of First Women Bank headed by a woman
and run by women are no doubt few affirmative steps taken by consecutive governments
from 1989, onward, which helped recognise the capability of women as leaders in
financial sector and thereafter al I the financial institutions and banks started pro viding
level playing field to female employees with regard to their career progression and now
women can reach top leader of the hierarchy on merit through open competition
Resultantly now quite a number of women have risen to senior management level in both
indigo nous and foreign, happens when women enter and succeed acquiring, diverse skills
new technologies in their lilt of profession which are increasing valued.
Globally, on average women in managerial position are found more effective leader,
than man, of the same hierarchal status Women by nature are pruned participative style of
management. They have equal concern for the welfare and growth of employees and
organization itself. Her interaction with staff is always friendly, and like a teacher rather,
than a boss. Through her transformational role she develops confidence and competency,
among her team members hence, she is taken by her employees as role model and source
of strength in the sense that she always available to redress their grievances arid problems
which is the characteristic of transactional leadership style, which implies to rewarding
employees for good performance and penalizing for poor performances Experience has
shown that women leaders transactional role confines only to rewarding and; very few
resorts to punishing workers come what may be the circumstances. Transactional role of
punishment is generally associated with male leader’s executives.
Besides personal traits need to be embodied in a leader like job competence
emotional intelligence empathy towards others integrity and commitment are found more
with women than men Emotional intelligence presupposes one’s power of perception of
her / his intellect, academic ability and capability to adjust in all social environments,
which enables the person to understand and perceive the said qualities in her / his entire
team, which she he is leading Accordingly her transactional role leader is facilitated.
Women leaders are generally found to have strong power of perception particularly due to
the-fact that on' taking: their position of responsibility they feel highly motivated hence
they communicate effectively with all stake holders in the project / organization including
clients thus achieve long tern, everlasting relationship and network. The consistency in
the area of their responsibility is also the result of their power of perception, which helps
65
them to understand others point of view (of all stake holders in the business) and take
appropriate steps to satisfy. All thus their aptitude to work in total harmony with others
results in success of the organization / project.
Women who cherish to reach a hierarchical position, where they can lead, they need to
strive for competency to the extent that they excel in leadership qualities. At that stage for
them there is no other motivational factor but their determination to excel, and more
importantly the socio economic wellbeing of their, family to, which they belong.
Further cultural norms and values of a society also have pre-decisive approach to all
matters mined gender based leadership traits. Authoritative style of management and predecisive approach to all matters are still-recognized as leadership traits confined to men
same traits if found with a woman in commanding position in any organization are
discarded by every one.
Empathy cooperation, supportive approach, motional intelligence natural, instincts
common with women are now considered desired traits of a good leader / manager.
Proponents of concept of team work, participative style of management and
Management by Objective (MBO) had based their .theories on these very human
characteristics. The global experience with regard to women leaders and managers is
associated with die tact that they promote congenial working environment in the
organization through their understanding of the need of ethnic and racial diversity in
hiring equal, opportunity based on merit and all-policies promoting harmony in the
organization for effective, leadership, it is essential to understand emotions feelings of
people in the organization. A visionary leader must have quality of building relationship
by putting in place effective communication, mechanism which reduces the chances of
conflict and uneasiness to the organization Edna Mitchell a behavioral scientist
vehemently supports women leadership saying “we encourage women's leadership as a
connection between values and actions.” Women leaders understand "that they have the
responsibility and ability to improve quality of life on the planet.
Since all over the globe there is shift, towards people oriented management style,
women have proved themselves good leaders as CEOs business executives and,
chairpersons of NGOs because, of greater consistency of their ideas and capability to
communicate with candor, and clarity with all persons working under their jurisdiction
and also listen to their problems on one to one basis irrespective of status of the workers.
Besides that, women leaders managers generate career progression opportunities for all
employees by providing level playing field to perform with full commitment and
66
creativity Accordingly a pool of competence is developed in, the organization and growth
contra use to sustain despite change in leadership.
Pakistan Almost at the Lowest Rung
ISLAMABAD, Jan.28: Pakistan is almost at the lowest in the world ranking in the labour
force participation of women and opportunity for women.
In the Global 'Gender Gap Report of the World) Economic, Forum, Pakistan occupied the
126th position among 128 coup tries Minister for Women's Development, Social Welfare
and Special Education, Barrister, Shahida' Jamil was informed here on Monday by the
chief' executive officer of the of Competitiveness. Support Fund (CSF), Mr. Arthur
Baylian. He provided to, the minister details, about the latest indicators on Economic
Participation and Opportunity, for, Women.
On the Labour Force Participation of Women, he said Pakistan ranked 121st among 128,
countries.
Mr Bayhan said that both the women and labour force indicators were very weak
although Pakistan was doing well on the Political Empowerment of Women, where it
ranked; at 43th among 128 countries.
"Pakistan needs to update and timely submit the data on issues relevant to the economic
empowerment of gender to international sources. It is crucial for Pakistan to reflect
achievements made in the last few years to improve. Pakistan's ranking on the Global.
Gender Gap Report of the WEF", he said:
The CSF, which is' a joint initiative of the Ministry of Finance, the Government of
Pakistan and the, United States' Agency, for International Development, is the partner
institution of the WEF in Pakistan.
Banister Shahida Jamil-asked the CSF to assist the Ministry of Women Development in
identifying policy initiatives and projects which could contribute to increase in national
competitiveness while empowering women.
To improve the quality of gender data available in Pakistan, he urged the CSF to
help her ministry in creating linkages with' international sources relevant to the women
issues, such as OECD's Gender, Institutions and 'Development Database, the United
Nations' Statistics Division, the World Health Organisation, Unesco's Institute of Statistics, tics, and World "Bank's', World Development Indicators etc.
The CSF will be launching the state of Pakistan's Competitive Report 2008 in.
67
March with a special, section on' gender issues in Pakistan.
The CSF will' include a chapter on gender in the state of Pakistan's
Competitiveness Report 2008, which will identify the gender gaps affecting competitiveness in Pakistan, especially the areas identified by the WEF in its, Global
Competitiveness Report 2007-2008 and the Global Gender, Gap Report, 2007.
Right of Vote for Women.
Women in many parts of northern Punjab and NWFP were barred from voting or
participating in the election process and religious zealots in the area-issued fatwas to this
effect. Tribes in Khyber Agency announced that their women would not be allowed to
vote. Tribal elders warned the Election Commission not to set up polling stations for
women in their areas, saying they would shut them down. They also warned women not
to violate their decision, threatening action in line with tribal traditions. (DT, Dec 15) No
legal action had been taken by the government to challenge this illegal hijacking of
women's voting rights and the activity repeats itself unabated.
Women to Exercise their Right to Vote
CHITRAL, Jan 29: District Nazith Maghfirat Shah has urged people to ensure
participation of women voters in the general elections and said that the district
government would extend all kinds of cooperation in this regard.
The nazim told people to exercise their right to vote and bring about a positive
change in the social and political spheres of the society.
Addressing a seminar on the theme of “Voters' education campaign” here on Tuesday, he
said that the past the elections did not serve the purpose to strengthen democracy and
democratic values in the country. The seminar was held under the auspices of the Rural
Community Development Program (RCDP). The nazim said that democracy could not
flourish in the country due to the `money factor' involved in the poll process. But the
electorates wielded the power to send people to the parliament which reflected their
wishes and aspirations he added.
68
PILDAT Report Released in June, 2006.
In a report released in June, the Pakistan Institute of Legislative Development and
Transparency (PILDAT) expressed concern over the 45% drastic reduction observed in
the number of women voters in NWFP - from 3.92 million in 2002 to 2.17 million in
2007. PILDAT reported that the number of women voters displayed a huge decrease by
96% in FATA, 41% in Sindh, 37% in Punjab and 19% in the Islamabad Capital Territory
(ICT). In contrast, Balochistan registered an unrealistic increase in the number of women
voters. The number of registered women voters increased by 144% - from about 470,000
in 2002 to 1.14 million in 2007 in the province while the number of male voters increased
by 104% only. The PILDAT analysis also showed that the percentage reduction in the
number of women voters in the country was more than twice the reduction in the number
of male voters. While the number of women voters dropped by 39%, male voters dropped
by 18% in number, thus shrinking the share of women voters in the number of total
voters. The women voters, who constituted 40% of the total voters in 2002, shrank to
30% of total voters in 2007. (DT, Jun 19)
In April, l Nilofer
Bakhtiar, Pakistani
Tourism Minister, faced extreme
persecution at the hands of the clerics of the Lal Masjid, who announced a fatwa against
her for obscenity and un-Islamic behaviour, soon after pictures appeared in the
newspapers of her hugging her instructor after a charity parachute jump in France.
The jump, done to raise money for child victims of the earthquake that struck
Pakistan in October 2005, was sensationalised by the clerics and consequently the media
and resulted in her resigning from her post as minister. She criticized her party, the ruling
Pakistan Muslim League - Q, and the government's lack of support for her and their weak
stand against the clerics' repeated demands.
Eventually, after immense pressure, she had to resign as the Tourism Minister and
also give up her position as head of the women's wing in her party. The government took
no action against the clerics running a parallel court.
While peacefully protesting against the ill-treatment and arrest of Imran Khan,
Chairperson of the Pakistan iehreek-e-Insaf (PTI), at the Punjab University, women
members of the PTI and Mr. Khan's female relatives were severely harassed and arrested.
After being pushed, shoved and beaten around, they were grabbed from behind, by
plainclothesmen, and thrown into police vans and arrested.
69
An exceptionally disturbing comment was made by the Sindh Chief Minister,
Arbab Ghulam Rahim, which sums up the mentality of those in power about Pakistani
women in politics and general. While addressing the public at an event, the Chief
Minister stated that he believed that the rule of woman is a sign of doom; therefore, it
should be avoided. (NE, Aug 27).
70
Chapter No. 5
WOMEN’S RIGHT VIOLATION IN PAKISTAN
The Women Rights Situation in Pakistan.
The human rights situation for women remained grim through 2007. Violence
continued unchecked as other pressing issues throughout the year claimed state attention.
Changes in law brought only limited relief.
Gruesome cases of gang-rape, honour killings and beheadings created new levels
of terror and undermined the government initiated efforts to promote women's rights. The
murder of Zille Huma, the Punjab province's Minister for Women Development, by a
religious zealot, said a. great deal about the position of women's security in the country.
Various socio-economic problems, a general powerlessness to exert their role in
society, growing Talibanisation and a lack of effective measures to check the militancy
increased women's vulnerability and left many women seriously suffering and neglected.
Young girls particularly suffered a huge setback to their education when many schools
and colleges shut down in the North due to terrorist threats and actual violent attacks.
Jirgas continued to pass verdicts that sustained Swara, Vani, Karo-Kari and other
heinous practices, despite several suo motu actions taken by the Supreme Court. Most
other such tribunals remained unchecked by the legal and security authorities.
Suicide rates remained high and death by murder, honour killing, and burning etc
also stayed elevated.
During the State of Emergency (Nov 3 - Dec 15), many women protestors,
political activists, journalists and students faced severe harassment by the authorities,
including physical battery, manhandling and torture. Illegitimate arrests by male police
officials and illegal confinement with male prisoners were reported countrywide when
the women who opposed the state in any way were rounded up.
Women at Work.
Women in the workforce are increasing every year. To some extent this is because of
increased awareness, education and changing mindsets amongst women, but mostly it is
due to financial constraints that cannot be overcome by only the male earning members
anymore.
71
Yet this increase in women in the workforce has not made an impact on workplace
environment and setting a code of conduct. Women are still paid less, are most often
overlooked for higher posts, face many personal issues such as brief maternity leave, and
are regularly the target of some form of sexual harassment.
It has been noted that since 1994, no appointments have been made of women as
judges of the higher court and only appointments at the lower judiciary level have been
made. (NGO Statement: Pakistan, presented at the 38th Session of CEDAW Committee,
United Nations, May 21, 2007) 1
Complaints of sexual harassment and eve-teasing were widely reported with many
of the victims being working women belonging to nearly all social sectors. Women in
low-income groups, such as domestic workers or brick kiln workers, were particularly
vulnerable. They are regular victims of physical and psychological abuse, sexual
harassment and unpaid labour. A majority of these cases are never reported.
The absence of an office policy framework, legal protection and reforms has led to
unimpeded rise in sexual harassment at work. More and more women complain of various
forms of harassment including a rise in harassment through messages received via mobile
phone and emails. A lack of awareness has also left women ill-informed of the limits of
permissive behaviour at work, therefore letting incidents go unchecked.
In a report printed in the Daily Times (DT, Jun 26), female doctors working in
various government hospitals said that they faced gender discrimination in their work
environment, both from the hospital administration and their male colleagues. They
complained of male chauvinism and of facing superior egos, in the case of female
doctors being handed down tasks that male doctors had initially refused. The female
doctors also complained of lack of facilities for married women, especially mothers,
saying that the maternity leave needed to be increased and a day-care facility
established for those with children. It was also felt that the hospital administration did
not find them adequate to serve certain posts in the department. It was pointed out that
the female doctors worked just as hard as men and played a vital role in carrying out a
large number of surgeries specifically on women patients who were uncomfortable with
going to male doctors.
______________________________________________________________________
1. CEDAW
72
In reply to these demands, the Pakistan Medical Association (PMA) Director said
that the policy makers treated both sexes equally and that the female doctors made
absurd demands such as extra allowances and lesser workload than those of male
doctors. The Additional Technical (Health) secretary commented that a number of
female doctors quit their jobs because of domestic issues and that the government spent
a lot to make a doctor, which was why female doctors should take responsibility to serve
for better medical health rather than get married and quit jobs.

In the newly inducted traffic police in Lahore, the female traffic wardens were
only installed at special routes, and always alongside a male warden, due to
harassment and comments by people on the roads. (DT, Jul 10)

In another case the Punjab University (PU) staff alleged harassment from some
activists of Islami Jamiat Tulaba (IJT), and a PU law college female lecturer
registered a complaint with the Principal. (D, Sep 15)
The rights of women and growing poverty
In a statement presented by various NGO's at the 38th Session of CEDAW
Committee this year, it was pointed out that there is a gender imbalance of 21 % in the
possession of national identity card (NIC). NIC is a requirement for voting and all
government schemes. Almost half of all Pakistani women are deprived of their right to
vote and of access to other schemes and resources.
1. In October, it was reported that the National Database and Registration Authority
(NADRA) officials refused to renew the computerized national identity card (CNIC) of a
woman, as she was unmarried and had no male guardian (close male relative) - she
couldn't use her father's CNIC as he wasn't a Pakistani national. She was allegedly told by
the officials that NADRA could supersede both the constitution and the law and make
rules that went against the citizenship rights of the people of Pakistan. NADRA director
administration told a reporter that the CNIC of a guardian, husband or father was
important for the renewal of a person's card, and that NADRA officials could also verify
the original identity and background of the applicant through the papers attached to the
application. (DT, Oct 5) Rising costs and dire poverty continued to wreak havoc with
women in the country. Escalating food prices and scarcer resources meant that women
were losers in the bargain.
73
2.
In late June, torrential tropical rains and a hurricane struck Sindh and Balochistan,
killing 400 people and displacing nearly 400,000 others, while adversely affecting 2.5
million people on the whole. In the months following, relief and aid were inadequate.
With women and children being vulnerable components of the society, disease and
hunger hit them worst. A lack of proper arrangement for sanitation and hygiene and
extremely poor medical attention contributed greatly to their plight. Women, particularly,
encountered security issues as it was reported that they faced harassment by the police
when they went to collect relief goods. (IRIN, Sep 2) 1
3.
In an IRIN report, citing the UN Population Fund (UNFPA), it was stated that
every 20 minutes a woman dies from pregnancy and childbirth-related complications in
Pakistan. In Baluchistan, the situation is far-worse with the maternal mortality ratio
(MMR) at 650 per 100,000 live births - nearly two times the national average. According
to the Pakistan Red Crescent Society, the MMR for the country ranges from 350 to 400
per 100,000 live births.
The report also said that a majority of Baluchistan’s eight million inhabitants have
limited access to proper health care due to severe poverty, lack of prenatal care facilities
and trained health personnel, including midwives, as well as access to properly equipped
hospitals. One of the main issues addressed was a shortage of female health workers,
followed by poor awareness and misinformation. (IRIN, Jun 18)
Healthcare and education for women kept its backseat position and the statistics did
not change for the better despite publicized government plans. Maternal and infant
morbidity remained high, with Baluchistan displaying double the numbers than the rest of
the provinces. Women health workers were almost non-existent in the Baluchistan area
and most of the health workers in NWFP had been driven out by threats of violence and
other dire consequences. Likewise, girls' education saw a major setback in the North due
to growing "Talibanisation" and militant activity in NWFP and Baluchistan.
A drastic setback to the rights of working women came in the form of amendments in
labour laws, made covertly by . the government and included in the annual Finance Bill
which was passed by parliament in June 2006.
The amendments permitted employers to extend working hours for women till beyond the
previously mandated time of 1000 p m Organizations of working women condemned the
amendment while HRCP stressed the need for women workers to be given an option in the
matter.
________________________________________________________________________
1. IRIN
74
The contribution of women workers, who were estimated to form 75 percent of the
informal sector of home-based workers, went unrecognized in national figures.
While most women in the country lacked education, opportunity and encouragement
to excel in professional spheres, there were also stories of women who had done
exceedingly well in their chosen fields.

Dr. Shamshad Akhtar took over in December 2005 as Governor of the State Bank
of Pakistan, becoming the first female governor of the SBP since it was
established in 1948.

In January 2006, PIA recruited its first female pilot, Captain Ayesha Rabia
Naveed, after she completed 6,000 flying hours as a co-pilot. Her first flight as
Captain, a few days later, made history as the first flight in Pakistan's history
flown by an all-female crew. PIA had six female co-pilots.

Tasnim Aslam was appointed spokesperson of the Pakistan Foreign office in
October 2005, making her the first woman to hold this high-profile post in
Pakistan's ministry of Foreign Affairs.

Aviation Cadet Saira Amin made history in September 2006, by winning the
prestigious Sword of Honour at the Pakistan Air Force Academy as its best cadet
for the year. She became the first woman to win the honour in any defence
academy in Pakistan. Both the Pakistan army and the Air Force, which had
opened their doors to women recently, continued to recruit girls seeking careers in
the military.
These women were also uncovered by labour laws. The arduous work of tens of
thousands of women at home and in agricultural fields too went without note.
NCSW recommendations that home-based women workers be given the same
protections as industrial workers continued to be ignored.
In July, the federal cabinet approved the reservation of a 10 percent quota for women
in the Central Superior Services. The same PML-Q government had in April 2004
abolished a five percent quota for women in government services.
In May, Prime Minister Shaukat Aziz announced women government servants
would be posted at the place of residence of their parents or husbands. While the
decision was appreciated, there were no reports as to its implementation.
A National Coordination Committee for Women Employment Concerns in Pakistan
(WEC-PK) was launched jointly by the International Labour Organization (ILO) and
ministry of labour and manpower in September, 2005.
75
The need for safe housing for working women, particularly those who were single, was
raised at various forums.
Harassment.
Harassment at the workplace remained a hurdle confronted by thousands of women.
Stepped up efforts to draw attention to the issue, most notably by the Association Against
Sexual Harassment (AASHA), consisting of nine NGOs, however brought some results.
In October 2006, the federal government announced it was including gender
harassment' in the official definition of `misconduct'. According to the proposed change
in the law, if a government official is found guilty of sexual harassment, he or she could
be removed from service. There were no reports during the remaining months of 2006 of
any action under the provision.
One of the high profile cases of harassment during the year took place in June within
the Sindh Assembly. According to opposition parties, MPA Eshwar Lal of the PML sent
an indecent note to a PPP woman legislator Shazia Marri. She received another similar
note from MQM MPA Poonjomal Bheel, minority member of MQM. She passed the
notes on to the leader of Opposition, Nisar Khuhro who passed them on to other
opposition members. A fist-fight then broke out between Lal and opposition members.
Following the incident, the Speaker of the assembly suspended the membership of Lal
for the entire budget session and of four PPP MPAs who had beaten him up for two days.
Lal brought a case of attempted murder against the MPAs.
The incident was widely condemned by civil society organizations.
Other reports of harassment also came in. Female domestic help, who, according to
AASHA number six million, were particularly vulnerable to abuse by employers, though
most cases were not reported In June 2006, in Multan, a woman police inspector allegedly
inflicted severe torture including electric shocks on a 13-year old maid, after the son of an
army officer accused her of theft. The maid claimed the case had been registered after she
refused to enter into relations with the man.
In September 2006, a bailiff recovered a 20-year-old female domestic employee from
the home of a retired army officer in Lahore. The woman had been tied in chains after
being raped. Her husband had moved a plea for her recovery before a court.
In October, the Supreme Court ordered the district and sessions judge Malir, Karachi,
to probe the alleged harassment of a woman, Nadra, by the taluka nazim of Kunri in
Umerkot district and submit a report within four weeks. The woman had alleged the
76
nazim was pressurising her and threatening to abduct her young daughters.
A prayer leader who had signed a false marriage certificate and four witnesses to a
marriage were arrested on the premises of the Supreme Court in Lahore in December
2006, during the hearing of a, case inn which a peasant member of the Wagah Town
Council, Basharat Husain, was accused by the father of his maid servant of raping her.
The court had taken suo motu notice of a letter written by the girl's father. It rejected
claims by the councillor that he had married the girl after police reported- the marriage
certificate he had produced was fake.
In September, Bilquis Bibi, an attendant at a government school in Lahore,
complained that the deputy district education officer (female); had subjected her to
abuse, physical violence and threats in order to pressurise her to work as domestic help
at her home, in addition to her official duties. An inquiry was ordered.
Education.
Many schools and colleges in NWFP received bomb threats and warnings from various
religious groups. Several government girls' schools in Peshawar received letters threatening that
they would be blown up if their staff did not observe purdah, which led to many students and
teachers donning the veil in fear of an attack.
Many times the threats were carried out, destroying the buildings and sometimes causing
serious casualties. A series of blasts occurred in Mardan and in one incident the bomb
destroyed the main gate and classrooms of Government Girls High School (Shargi).while the
school was closed. (N, Dec 11) 1
Similarly, orders to don the burqa or face dire consequences were sent out to several
schools in Mansehra. Mansehra District has a literacy rate of over 36A/o, among the highest in
NWFP. According to official figures, in the district capital Mansehra town, 60% boys and 39%
girls are enrolled in schools and now that too is about to change due to the growing
Talibanisation. The students, teachers and their families have been terrorised by threats, and
have either complied with them or stopped going to schools altogether. Fears of bombings in
February this year drove at least five private schools, including three in Peshawar, to close
down temporarily after receiving letters. Attempts to bomb schools have also been reported
from the Orakzai Agency and the Waziristan Agency. (IRIN, Dec 10) 2
_______________________________________________________________________
1. The News Daily Newspaper dated 2 Sep 2006.
2. IRIN, Newspaper dated 18 June 2006.
77
There are at least 558 girls schools in Swat district - about 90,000 girls in the
district study in four higher secondary schools, 20 high schools, 45 middle schools and
nearly 489 primary schools. The bombing of a girls school, and a surge of threatening
letters sent to numerous other girls' schools, forced the female students and teachers to
stay away from school premises, making the attendance drop by 20-25%. The
government officially closed only one school, the Government Girls Higher Secondary
School in Kabal, which was bombed. In other schools, teachers and students had stopped
attending school out of fear after receiving threats. Blame was laid on poor security
arrangements as well as the government's inability to provide protection and take action
against those responsible. 1
40-year-old Khatoon Bibi, a local teacher, was gunned down on September 29,
north of the Khyber Agency. The teacher, who taught at a girls' community school in the
Atokhel area, was shot dead on her way home from school by unidentified assailants on a
motorcycle, close to a security checkpoint. The body lay in the street, as the people were
too frightened to move, until later on when police removed it. Around 100 girls' schools
across Mohmand Agency shut down for a day to show solidarity with the murdered
teacher, and to demand greater security. 2
Regarding marriage, women are still allowed none of the rights given to them by the
state, both in the urban and rural areas and in almost all social classes. Decisions are made
by others and personal choice is many times met with antagonism, and in many cases
violence. Traditional practices of watta satta prevail, with a report citing that about a third
of all marriages in rural Pakistan are based on the watta satta custom, the rate being even
higher in Sindh. 3
Violence against Women.
Institutionalized violence, in the form of discriminatory laws and official attitudes
reflected in the reluctance to pass legislation that could protect women against violence,
contributed to the many incidents in which women were beaten, raped or murdered.
HRCP found no evidence of any decrease in the rate of crimes committed against women.
Some violent crimes, including incidents of the rape of minor girls, increased.
________________________________________________________________________
1.
The Daily Times Newspapers 4th October 2006.
2.
IRIN, Newspaper 14th October 2006.
3.
IRIN, Newspaper 6th Decmber 2006.
78
Many crimes against women continued to be committed in the name of tradition.
Attempts by orthodox elements to enforce total segregation at times' had
catastrophic consequences. In April, 21 women and eight children were crushed .to
death and scores injured in a stampede inside a three-storey madrassah in Karachi
where a large number of women were present for a weekly gathering. Male rescuers
who arrived in ambulances, were prevented by madrassah security staff from moving
the injured women to hospitals. The same situation had arisen in some areas following
the earthquake of October 8, 2005, with communities preventing male doctors from
treating women.
The giving away of women to settle a dispute between men, as in the practices of
'swara' and 'vani' continued despite the fact that they were specifically barred by law.
The expansion in the number of tribal ‘jirgas' held across the country promoted
crimes committed against women on the grounds of tradition.
In April, a jirga in Upper Dir announced that anyone reporting an honour killing
case to the police or filing a case with the court would be killed. A week earlier the
same jirga had delivered a verdict stating the killing of a couple who had married of
their own free will was permissible.
While NGOs and mainstream political and religious parties criticised the verdict,
and senior police officials in the area maintained `honour' killings would continue to be
treated as a crime, there was no official action against those who had given out the call
for murder.
There was also evidence that in a relatively new trend, young women being handed
over as `swara' in the NWFP faced a growing risk of murder. In September 2006, the
deaths of three young women, in mysterious circumstances in various parts of the
NWFP were recorded. Their families alleged they had been murdered by in-laws to
whom they had been handed over as 'swara'.
In September 2006, it was reported the Peshawar High Court had, a feww weeks
previously, granted bail to five people, including a prayer leader, who had handed over a
three-month-old baby girl as 'swara' to the rival family.
Despite a 2004 ban on such tribunals by the Sindh High Court, ‘jirgas' continued to
be held across the province. From January to June 2006, at least 50 such ‘jirgas' were
held.
In May 2006, in Murad Satthar village of Shikarpur, a jirga ordered a father,
Mohammad Ramzan, to hand over two daughters - aged nine and one - as compensation
79
for money owed to a local feudal lord for three buffaloes. Fortunately for the girls, the
SHC intervened and barred the transaction.
A few weeks earlier, five small girls in Jacobabad district were given away in
marriage to settle a dispute which arose because male relatives had been involved in a
killing committed nine years earlier, before the girls were even born.
In June 2006, a nine-year old girl from Jacobabad, Wahida, was deemed to be of the
same value as a consignment of rice. The girl was given away in 'vani' marriage by her
father, Jan Mohammad, to Abdul Sattar, 60. The `settlement' was made as Jan
Mohammad was the guarantor for a consignment of rice, costing Rs 50,000, which had
been bought from Abdul Sattar on credit by a friend.
Police arrested Jan Mohammad and Abdul Sattar, and removed the girl from Sattar's
home, after details of the case were published.
The number of women given away under customs of swara or vani was not known.
However, as increased awareness led to more cases reaching the media and greater
research. It was reported in October 2006 that the number of women given away in such
exchanges in the NWFP could be higher than expected.
But, there was also new found resistance to the tyranny of tradition by women
themselves. In November 2005, Amna Niazi, 22, a masters student in a village in
Mianwali, her two sisters and two cousins refused to honour `marriages' that took place in
1996, when they were aged between six and 13 years. An uncle of the girls had shot a
man and a jirga had ordered that the five girls be handed over as vani. When they refused
to comply, the jirga ordered that they be abducted, raped or killed. The father, supported
by civil society organizations, since paid the blood money and refused . to hand over his
daughters.
In April 2006, another woman in Mianwali, Naheed Akhtar, 24, rebelled against a
decision agreed when she was only one year old. At the time she was promised as a
‘bride’ in a settlement of a murder case through 'vani'. Naheed filed a police petition
against the man selected to be her husband and also against her own father for selling her
rights in order to gain a lesser penalty for the crime in which he and his brother had , been
involved.
Other, similar cases of women refusing to be handed over as `vani' have been
reported. In December 2005, when HRCP office-bearers visited Mianwali to mark
international human rights day, they found growing opposition to practices such as ‘vani’,
most notably among women.
80
In March, it was reported from Mianwali that two girls, Kalsoom Bibi and Nusrat
Bibi, who had several years earlier obtained, with HRCP support, a court order granting
them 'khula' from men to whom they had been given as vani in their infancy, were facing
grave difficulties in getting married. The local nikkah khawan refused to soleminise their
marriage, on the grounds that they were in fact already married women.
In July, the Supreme Court, hearing a case in Lahore, ordered the arrest of four,
persons present at the court who were accused of surrendering an eight year-old-girl. to
the custom of 'vani'. The incident had taken place in Bhakkar district in 2004, when after
a young couple eloped, a local 'panchayat' ordered that the eight-year-old sister of the
boy, Shamim, be given as 'vani' to the 15-year-old brother of the young woman who had
eloped.
Despite a Supreme Court ruling in December 2003 that allowed adult Muslim
women to marry by choice, attempts by young women to choose their own marriage
partners continued to result in violence.
The stories of at least ten such couples were reported during the period under
review. Many remained on the run for months, fearing death at the hands of the family
of the woman. In at least six other cases courts allowed couples who had married by
choice to live together.
In December 2006, a newly-wed couple, Farhana and her husband Basheer Ahmed
Solangi, appealed to the superior judiciary at a press conference in Hyderabad to
provide them protection as a 'jirga' of the Solangi clan had declared them 'karo-kari'
and ordered that they be killed. The couple also called on authorities to release some
relatives who were being held hostage.
In April, a district and sessions judge in Hyderabad in Sindh finally set free a
young couple, Sodi 23, and her husband, Abdul Hakeem Khashkeli, 26, after five
years in jail. The court ruled their marriage was valid. The couple, who wed of their
own free choice in October 2001, were arrested on charges of adultery and jailed in
separate prisons after Sodi's father accused Abdul Hakeem of abducting her.
Other traditional practices, including the marriage of children and of 'watta satta'
marriages, in which two men marry each other's sisters, continued to be reported from
across the country.
In December 2006, an 18-year-old girl, Kausar Bibi, was kidnapped by ten people'
who stormed her house in Lodhran, following a dispute over a 'watta satta' marriage.
An F I.R was registered.
81
A month previously, in November, a sessions court in Lahore sentenced a man,
ZulfikarAli, to a jail term for luring away and marrying a 12-year-old girl. The girl
was sent home with her parents who had filed a petition.
In its 2006 annual report, UNICEF stated that 32 percent of women in Pakistan
between the ages of 20 and 24 were married before the age of 18.
In July, police in Shahdadpur in Sanghar arrested two feudals who had presided
over a jirga in which it was decided a peasant was to give his two infant daughters in
marriage to the infant sons of Sohrab Rind, for a loan of Rs 25,000.
Records maintained by HRCP showed violent crimes were committed against at
least 1,821 women from January to December 15, 2006. The crimes included murder,
rape, mutilation, burning and other offences. In 2005 at least 1,726 women suffered
similar violence.
There was no improvement in the situation regarding punishment of those guilty
of such crimes. Indeed, it was observed that the fact that most culprits walked away
without punishment acted only to encourage further acts of violence.
Encouragingly, for activists who had campaigned for decades to place the issue
of. violence against women in the mainstream of national debate, there was increased
discussion on discrimination and violence against women, their-lack of empowerment
and their social status, which played a key part in incidents of violence. The debate on
the Hudood laws, on television channels and on other forums, played a part in raising
awareness about crimes committed against women.
There was also a marked increase in the number of cases involving the forced
conversion to Islam of women belonging to minority communities, with this form of
violence emerging as a bigger threat than during previous years. Fear of violence,
intolerance and discrimination `forced' many women to convert. The trend was to
`kidnap' or lure away a girl, get her converted and admitted to a madrassah. A number
of cases of such conversions during the period under review were followed by HRCP.
In another brutal year for women, HRCP recorded 4,276 cases of women's rights
abuses. This is a gross understatement of the actual number of women being killed
everyday, as many cases go unreported or are hushed up. Reports are specifically
inadequate from Balochistan and NWFP. It is also hard to gather information, whether
FIRs were registered or not and if any action was taken against the perpetrators of the
crime. Most often the report would say that the offender/s were at large.
See table below for more information of cases compiled by HRCP in 2007. These
82
numbers are only of cases in which it could be determined that the victim was a female the actual numbers are most possibly much higher.
Sexual Harassment
Gang-rape
354
Rape
377
Stripping
21
Harassment and other 3
Suicide
Suicide
692
Attempted suicide
608
Killings
Honour killing
280
Karo kari
356
Murder
566
Kidnapping
Kidnapping
736
Domestic Violence
All categories
131
Burnings
All categories
143
Corporal Punishment
Torture
3
Prisons
Injury
I
Torture
3
Death Penalty
Awarded
2
Sectarian Violence
Wounded or killed
1
Women also suffered cruel cases of domestic violence, kidnapping, sexual
harassment, acid attacks and burnings. Many incidents of domestic violence and other
attacks included amputation of body parts or limbs, burning by fire, loss of use of eyes,
nose, mouth and ears due to acid attacks, as well as horrific incidents of rape and gangrape. Internal and international trafficking of women also continued in full force. The
number of suicides also remained high.
83
According to a Daily Times report, the Interior Ministry sources said the crime
rate against women has significantly increased during the last two years and cited an
alarmingly high number of cases - 17,692 cases of violence against women had been
registered across the country, including 612 honour killings; 67 stove explosions, six
incidents of acid throwing, six cases of vani, 2,484 cases of sexual harassment where 405
women were harassed at their offices and 4,717 cases where women were physically
tortured in their homes. The report also said that around 14,091 cases of violence against
women had been registered in Punjab alone, including 137 cases of honour killing, 3,049
cases of physical torture in their homes, 32 cases of stove explosion and acid throwing,
two cases of vani, 2,709 cases of sexual harassment, where 11 women were harassed
during jobs, and 7,951 cases of other harassment. (DT, Sep 24)
1
Aurat Foundation
revealed that by December, 403 women, had been killed in Sindh. 26 minor girls and 196
women had been killed after being declared karo-kari. (DT, Dec 12) 2
The hold of Tradition
Records maintained by HRCP showed violent crimes were committed against at
least 1,821 women from January to December 15, 2006. The crimes included murder,
rape, mutilation, burning and other offences. In 2005 at least 1,726 women suffered
similar violence.
There was no improvement in the situation regarding punishment of those guilty of
such crimes. Indeed, it was observed that the fact that most culprits walked away
without punishment acted only to encourage further acts of violence.
Encouragingly, for activists who had campaigned for decades to place the issue of.
violence against women in the mainstream of national debate, there was increased
discussion on discrimination and violence against women, their-lack of empowerment
and their social status, which played a key part in incidents of violence. The debate on
the Hudood laws, on television channels and on other forums, played a part in raising
awareness about crimes committed against women.
_______________________________________________________________________
1.The Daily Times Newspaper dated 24 Septmber 2006.
2. The Daily Times Newspaper dated 27 December 2006.
84
There was also a marked increase in the number of cases involving the forced
conversion to Islam of women belonging to minority communities, with this form of
violence emerging as a bigger threat than during previous years. Fear of violence,
intolerance and discrimination `forced' many women to convert. The trend was to
`kidnap' or lure away a girl, get her converted and admitted to a madrassah. A number
of cases of such conversions during the period under review were followed by HRCP.
In another brutal year for women, HRCP recorded 4,276 cases of women's rights
abuses. This is a gross understatement of the actual number of women being killed
everyday, as many cases go unreported or are hushed up. Reports are specifically
inadequate from Balochistan and NWFP. It is also hard to gather information, whether
FIRs were registered or not and if any action was taken against the perpetrators of the
crime. Most often the report would say that the offender/s were at large.
Despite recently done legislation, and amendments in old laws over the years,
cruel and outdated cultural practices are rampant in Pakistan and no curbs on them have
been fruitful. Reports of vani, swara, karo-kari, sale of girls and regular meetings ofjugas,
the banned parallel legal system, were reported in newspapers on a daily basis,
throughout 2007.
1
In Ubavro village in Larkana, a 16-year-old girl, Naseema Labano, was kidnapped
and stripped waist upwards, after which she was paraded naked around the village
by 1 I henchmen of a local feudal, and later gang-raped. The abduction and assault
on the girl was allegedly carried out because one of the girl's cousins was accused
of having seduced and wed a young woman from the feudal's family. Despite the
incident having been mostly carried out publicly, the police were not able to arrest
the identified accused and there was intense pressure to quash the story. One man
who was arrested was later released on bail. Due to immense pressure and danger
to their lives, Naseema and her family were forced to flee to Karachi. As
December ended and a whole year passed by since their ordeal took place, the
family still had not found justice and the criminals roamed free.
2
To settle a gambling debt, a nine-year-old girl, from Akhtarabad near Okara, was
forced to marry her 35year-old physically handicapped cousin who could neither
hear nor speak. The girl's father owed gambling money to boy's father and in
exchange married off his daughter to his son. (DT, Dec 26) There have been
conflicting statements regarding the issue of her being older (13-14) and her
consent in the marriage as stated by the Okara Police DSP and those being
85
reported by the villagers. The city nazim stepped in asked that the nikah not be
solemnized. (DT, Dec 27)
3
In a similar case, in which a jirga in Dir had ordered the marriage of a three-yearold girl with a seven-yearold boy, ,a SC bench headed by Chief Justice Iftikhar
Mohammad Chaudhry gave orders to register cases against those involved in the
swara case. According to the report, Fazal Subhan had accused Pervez Khan of
having illicit relations with his wife and had taken the matter to a jirga. The
Jamiat Ulema-e-Islam-Fazl's (JUI-F) district amir headed the jirga, which ordered
Pervez Khan to give his daughter in marriage to Fazal Subhan's son. The SC
declared the nikah of the two minors void and directed the district police officer to
arrest all jirga members including the girl's father. (DT, Sep 4)
4
In a case of 'napaid bazo'(family's decision to wed one off ahead of birth), the
same SC bench declared void the marriage of two sisters of Mianwali district with
two cousins because the two boys were opposed to it. The marriage had been
decided in 1982 when the boys were born and now after attaining puberty, the two
were not interested in marrying the girls. The court also heard a case of `sang
chati' in Naushehro Feroze involving four girls and ordered the provincial police
officer to submit its report and provide security to the girls' family.
5
In Dera Ismail Khan, a four-year-old girl was married to a 45-year-old man to
settle a dispute under vani custom. It is reported that the panchayat held in Gandi
Umerkhel area had ordered a boy, Farooq, to pay Rs. 150,000 and stay away from
the area for five years for eloping with a girl. Later the couple returned and their
nikah was solemnised. The panchayat met again and this timee they decided to
give the hand of four-year-old niece of Farooq to Mahboob, paternal uncle of his
wife. Local police arrested 13 people, including members of the panchayat, which
had ordered the marriage. (D, Feb 9)
Honour Killings
In a CEDAW meeting this year, a U.N. committee charged with promoting
women's rights expressed concern over an increasing number of reported "honour
killings" in Pakistan, despite a legislation being passed in 2004,'and criticized the country
for showing leniency and tolerance to the killers. (International Herald Tribune, Jun 8) 1
________________________________________________________________________
1. International
Herald Tribune, Magzine Weekly Jun 8, 2007
86
HRCP reported a total of 636 honour killings and karo-kari cases in 2007. At least 61 one
of these were minors.
1
January: One of the worst cases to start off the year received wide publicity, after
a couple in Donga Bonga were tied to a tree and publicly clubbed and stoned to~
death on charges of adultery. They were both in their 40s. Amongst the
perpetrators were three brothers of the deceased woman. It was reported that a
village panchayat had passed the judgment. (DT, Feb 3) 1
2
February: In Lahore, 18-year-old Aneela Bibi was strangled to death by her two
cousins after she eloped and married the person of her choice. After eloping, she
was made to return home by the intervention of elders from both families and then
several days later she was killed when her cousins broke into her house one night.
Her death was termed as natural and she was buried covertly. (N, Feb 15) 2
3
February: Two girls from village Allah Bux Brohi, Farida and Hamida, aged 18
and 22 respectively, were dragged in the streets and hacked to death by their
uncles. They had been accused of dishonouring the family when they were
discovered with two men in orchards nearby. The uncles then surrendered to the
police and said that they felt no remorse for what they had done. (D, Feb 24) 3
4
March: In Khyber Agency, on the directives of a religious group, three people
including a"woman were first publicly stoned and then shot in the presence of
hundreds of people, on charges of adultery. (N, Mar 15)
5
November: In Karachi, a 45-year-old widow, Nasreen, was shot dead by her two
sons, who were greatly angered after she chose to marry again. (KD, Nov 25)
6
December: In Khairpur, 28-year-old Rozina was axed to death by her brother-inlaw, in a case of karo-kari. (N, Dec 13)
There was no decline in the number of ‘honour’ killings reported from across the
country.
According to figures compiled by HRCP, at least 565 women were killed for
‘honour’ across the country from January to December 31, 2006. A number of men
were also killed alongside them in ‘karo-kari’ killings. 60 of the victims were minor
girls. At least 475 of the murders were carried out after accusations of illicit relations.
_____________________________________________________________________
1. The Daily Times Newspaper dated 3rd February 2007
2. The News Newspaper dated 15 February 2007
3. The Dawn Newspaper dated 24 February 2007.
87
The accused persons had been apprehended and an F.I.R registered in only 128 of these cases.
287 such murders were documented by HRCP in 2005. The increase noted in 2006
was due at least in part to expanded data collection by HRCP.
HRCP continued its, policy of compiling figures only from credible sources. Other
NGOs provided figures of crimes against women far higher that those of HRCP, which
are not disputed by HRCP. The data collected by HRCP may be only the tip of the
iceberg.
Some of the cases of `honour' killing reported during the year in the Press and sent
in by HRCP activists were especially gruesome.

A father slit the throats of his four daughters in a village near Multan in
December 2005, because he believed that the eldest daughter, Muqadas Bibi, 25,
had stained the family honour by marrying of her own choice. He feared that his
other three minor daughters, aged 12, 8 and 4, could also follow in her footsteps.
The father was arrested.

In May 2006, 14-year-old Noor Jehan was shot at point blank range in her
village near Jacobabad in Sindh by her cousin, who accused her of being a 'kari'
(black woman). She survived the attack, but died days later in hospital due to a
stomach infection caused by a bullet.

Five people including a teenaged couple who married against their families' will
were killed by relatives in their village in Sindh in August. The couple Kamalan and Allah Rakhio - both 18 and from rival clans, had married about
three months previosuly after eloping. They were killed days after returning
from Karachi to their village in an attack in which three other relatives of the
boy were also gunned down.'

A woman was shot dead by her husband on the pretext of `honour' in her village
in district Shikarpur at the end of October. According to reports, accused Mir
Hazar Jaffery suspected his wife had illicit relations with his cousin. He opened
fire on her, killing her on the spot, and fled.
Similar cases were reported across the country. It was believed many other such
deaths went unreported. Officially, the figure of at least 1,000 women killed each year in
the name of `honour' continue to be cited in the National Assembly and at other forums
during debates on the issue of the rights of women. The interior ministry recorded more
than 4,100 `honour' killings between 2000 and 2004.
88
Murder
Women, as in previous years, were murdered for a wide range of reasons from
disputes over property to domestic discord within homes.
Many of the crimes were carried out on the pretext of `honour', in the hope of
receiving more lenient treat ment from the police and the courts.
HRCP recorded 389 murders of women from press clippings from January, December
15, 2006. New cases-were reported each day.
254 cases of the murder of women were documented in 2005.
The women who died varied in age, in class and in place of residence. Most of they'
victims were aged under 45 years, with the largest number of deaths-motivated by
domestic discord.
Across Pakistan, many brutal cases of murder were reported. HRCP observed 556
murders aside from those killed for honour and karo-kari. At lest 73 of these were
minors.
The reasons varied from murder after rape/gang-rape, robbery, property dispute,
domestic and marital issues, revenge etc. A spate of murders in the name of protecting
the "Taliban's" Islam was also observed.
In September, two women in north-western Pakistan were beheaded by militants who
accused them of being prostitutes. The bodies of the two women were found by villagers
on the outskirts of the city of Bannu with a note condemning the women of "acts of
obscenity", a term that usually refers to prostitution. According to the report, police said
the women were travelling in a vehicle when masked and armed men overpowered them
and bundled them into a car. Senior police officials said that it was the first time militants
had directly targeted and killed women in the region. (BBC, Sep 7)
1.
Again in October, another decapitated head of an unidentified woman was
found in Ghalanai. The head had been wrapped in a shawl, and a note iii Pashto was
attached, stating that the woman had been a prostitute and had been punished after a trial
by witnesses and jury. (IRIN, Oct 14)
2.
In Pirabad, a man shot dead his 22-year-old sister after she received divorce
papers from her husband, who lived abroad. He blamed his sister for the divorce, which
led to an argument, during which he pulled out a gun and killed her. (KD, Jun 21)
89
Domestic Violence
Official attitudes to domestic violence were reflected in comments made by a
minister on the floor of the National Assembly in August 2006.
The Prevention of Violence against Women Bill, 2003, moved in the Punjab Assembly
remained pending.
According to the studies conducted over the past several years and the complaints
received by HRCP, it was obvious the rate of domestic violence was extremely high.
Studies in previous years by international human rights watchdog bodies had estimated
nearly 70 percent of women in the country suffered domestic violence in some form.
Data compiled by HRCP indicated at least 74 women had suffered domestic violence
from January to December 31, 2006. It was believed the vast majority of cases went
unreported.
59 cases had been reported in 2005.

It was reported from Sukkur in August 2006 that five women from the
Panno Aqil area had killed themselves over the past five days because of the torture they
suffered at the hands of their husbands.

In December 2005 a Domestic Violence Counter was established by the
Punjab' police. Initially based at a male police station, it was shifted in 2006 to a
women's police station. This however brought about only a marginal increase in the very
small number of complaints it had received since its inception.

HRCP recorded 131 cases of domestic violence of which at least 13 were
minors and 84 married. Husbands, followed by in-laws, committed the highest
percentage of these abuses.

In a research paper published in February by the World Bank, it was stated
that one-fifth of the women in their sample had reported to have been "physically hurt by
their husbands in at least one of the following ways: pushed, hit, slapped, kicked, thrown,
choked, burned or attacked with a weapon ... For one thing, husbands can be physically
abusive outside the context of marital discord, such as when intoxicated." (World Bank
Policy Research, February 2007 - Matta Satta: Bride Exchange and Women's Welfare in
Rural Pakistan) Similar modes of harassment were found in HRCP's observation of
domestic violence, including amputation. Brutal crimes were widespread as was the case
with Sajida bibi, a mother of three children, who was stabbed repeatedly with knives by
her husband over a domestic dispute. (J, Jan 5)
90

Domestic violence is hard to miss, especially in joint-family systems or less
private lifestyles, but an air of silence is maintained over the topic. By tradition it is
treated as a strictly confidential matter, no matter how publicly it might be committed,
and therefore the law has been unable to make serious interventions.

Alarmingly, a majority of the law enforcement personnel are not even aware
if domestic violence falls under the mischief of any law and that they should be
providing immediate relief to victims. In an investigation carried out by Daily Times
reporters, it was discovered that out of 85 police stations surveyed only 2 police stations
outlined the correct procedure for action in a case of domestic violence, whereas officers
at 68 police stations were under the impression that the police cannot intervene in cases
of domestic violence, even if the victim comes to them with a complaint. (DT, Sep 17) 1

The lack of training and awareness is pitiful as the average number of cases
the surveyed police stations received everyday ranged from 3-5 each. According to the
law, the police are supposed to take action if a domestic violence complaint is lodged.
They must write a report, send the complainant for a medico-legal examination, and if
signs of abuse are detected they must lodge an FIR and start an investigation. If the
danger to the complainant is too high then investigation is initiated without waiting for a
medico-legal report.
This process is very rarely followed and most of the cases that reach the police station are
hushed up.

On Eid day in January, Mumtaz Bibi wished to meet her family and asked
for travel fare from her husband, which he refused. Angry and upset she left the house to
go herself when the husband came after her and thrashed her publicly. On the
intervention of an army personnel, who happened to be passing by, the man was taken to
jail but released just a few hours later after he apologized to his wife. (NW, Jan 4) 2
________________________________________________________________________
1. The Daily Times Newspapers 17th Sepetmber 2007.
2. The Daily Nawa-i-Waqt Newspaper 4th January 2007.
91
Burnings.
Domestic violence inflicted on women included beatings, torture and mutilation.
Stove-burning, in which women were set alight often on the pretext of a kitchen
accident, however remained one of the most widespread forms of such abuse.
According to figures compiled by HRCP, 43 women died in 2006 after being set
on fire. Another 24 died in `stove burning' accidents bringing the total of those killed to
66. Nine more died in other burning incidents. It was feared a number, of the deaths
described by relatives as accidental could be cases of murder.
In 32 cases in which women had been set on fire, husbands or in-laws were accused of
committing the crime. .
HRCP had documented 80 cases of burning in 2005, including 26 cases of,
women who had been set alight.
Activists of the AGHS Legal Aid Cell met at least 70 female, burn victims at the
Mayo and Services hospitals in Lahore in 2006. At least 29 of the victims died as a result
of their injuries. AGHS noted that generally no F.I.Rs were lodged in cases reported to
be accidental.
Some of the most harrowing cases reported in the Press and documented by
AGHS and HRCP were as follows:
In February, Shehnaz Bibi, 28, died as a result of severe burn injuries across 75
percent of her body at the Mayo Hospital in Lahore. A visiting AGHS activist was told
by the victim's family she had been set alight by her husband, who poured kerosene over
her and set it ablaze. The couple fought frequently about their failure to have a child.
ablaze and murdered by her husband,' Asif Maqbool, who had beaten and tortured her
through the two years of their marriage. No_ arrest had, been -made in the case even
A 35-year-old woman, Mussarat, was reported in May to be fighting for her life, at a
hospital in Lahore after being set ablaze by her husband.. Her husband of 12 years, Abdul
Majeed, had set her on fire after an argument, during which he also stated he was
divorcing her. The fight accelerated when she refused to leave her home.
During the same month, the family of a 30-year-old woman, Naheed Akhtar
Tahirkheli, continued to seek the arrest of those they alleged had killed-her. The woman
had died of burn injuries suffered at the home of her sister-in-law. Her parents stated, she
had been murdered and had not committed suicide; as claimed.
92
In July, Saadia,18, died at the Mayo Hospital in Lahore. She had initially stated she
had attempted suicide, but later stated her husband had burned her. The victim's mother
lodged a case of murder against the girl's husband, Naveed who she said had burnt her.
AGHS activists were told by the victim's mother she had married Naveed of her own free
will a short time before her death.
In September, a mother in Karachi, Nighat, continued her quest to gain justice for
the murder of her daughter. Nighat said her young daughter, Amna, had been set ablaze
and murdered by her husband, Asif Maqbool, who had beaten and tortured her through
the two years of their marriage. No arrest had been made in the case even weeks after the
incident.
Many cases of burning went unreported, while the lack of adequate burn treatment
facilities at hospitals contributed to the problem and the suffering of victims.
HRCP recorded 13 cases of acid throwing from January to December 15, 2006;
claiming 22 victims. 20 of ten victims were women and three among them were minor.
HRCP observed 143 cases of burning in 2007, which included, burning by sprinkling
flammable substance and setting on fire, acid attacks, cylinder and stove explosions, gas,
and others. At least 31 had been specified as minors.
Negligence at official level and lack of mechanisms to implement proper criminal
procedures contributed largely to this type of attack. There is also very little effort and
investment made by the government for treatment of burn victims. In 2007, NWFP got its
first burn unit (D, Jan 9), which is a positive step, yet it shows how slow the authorities
have been in providing essential care to citizens.
1
February: In Khanewal, unidentified people sprinkled petrol in a room where
Khatoon bibi and her daughter, Razia, were asleep and set it on fire, burning them
seriously. Khatoon Bibi was rushed to the hospital where she succumbed to her
injuries 3 days later. (D, Feb 16) 1

March: In Lahore, a 23-year-old woman was burnt to death by her husband and
in-laws. However the husband reported it as an accident saying that she was
electrocuted. (J, Mar 17) 2

March: In Faisalabad, a woman was set on fire by her angry son. (NW, Mar 5)
__________________________________________________________________________________________________
1. The Daily Dawn Newspaper 16th February 2007
2. The Daily Jang Newspaper 17th March 2007.
93

May: In Lahore, 25-year-old Nazia was burnt to death by her husband and his
relatives. The reported issue is a quarrel over the buying of a washing machine.
(NE, May 16) 1

June: In Sialkot, a 19-year-old pregnant girl, Faiza, was burnt to death by her
husband and his mother and sisters. (NW, Jun 12)

June: In Lahore, an 11-year-old girl servant, Shazia, was sexually abused and then
burnt with an iron at various parts of her body. She was then recovered by the
police and sent for check-up and treatment. (J, Jun 20) 2

December: In Jhang, a newly-wed girl, Khatoon, was set on fire by her husband
and brother-in-law. She had a strained relationship with her husband and having
once left him, soon after getting married, was returned under orders of the
panchayat. She was rescued by neighbours and taken to a hospital but she died
several days later. The husband's family have said that the girl committed suicide.
(D, Dec 14) 3
Acid Attacks
Despite regulations being imposed on the sale of corrosive acids in the previous years
the substance is sold freely and widely, with the mandatory identity card check also not
being performed. Many more cases of acid attacks were observed in 2007 and it was felt
that in spite of increased awareness amongst people, this heinous practice has not been
discontinued. HRCP recorded 33 cases of acid attacks in the previous year, 4 of which
were minors.
It is seen as the easiest form of revenge, where the criminals, instead of committing
murder and possibly getting implicated in a bigger case, achieve a painful and longlasting result. Most of the motives behind the crimes are to avenge honour, refusal in
marriage proposals or spurned amorous and sexual advances. Other reasons include
domestic and property issues.
The increase in the rate of acid attacks seen over the past five years continued.
________________________________________________________________________
1. The Daily News Newspaper 16th May 2007
2. The Daily Jang Newspaper 20th June 2007.
3. The Daily Dawn Newspaper 14th December 2007.
94
Disfiguring and severely injuring women by hurling acid on them was
increasingly used as a means to settle disputes over matrimonial matters or other issues.
In some cases, entire families were targeted.
Some of the women received assistance as a result of the growing international
attention the brutal attacks had received. A number of women were treated by local
philanthropic organization working foreign experts.
HRCP recorded 13 cases of acid throwing from January to December 15, 2006,
claiming 22 victims. 20 of the victims were women and three among them were minor
girls. Ten women, including four minor girls, became victims of such attacks in 2006.
At least four of the persons accused of the crime in 2006 had been arrested, a F.I.R
registered in most cases.
Some of the cases were as follows:
Poor implementation of regulations and lack of accountability gave rise to this crime.

January: In Karachi, a young man threw acid on an 18 year-old girl's face
on refusal of a marriage proposal. Hina, employee at an industrial unit, was waiting for a
bus when Waqas showed up and threw acid on her face. She suffered 15-20% burns. (D,
Jan 13).

In January 2006, it was reported that Saira Bibi, a young woman from
Okara, h been hospitalized at the Mayo Hospital in Lahore for seven months, after suffe'
severe acid bums to her face, chest and arm. Her husband, a narcotics addict, h thrown a
bottle, of acid on her following a dispute over his wish to sell their sm: house.

February: In Nawabshah, a man threw acid on 21-year- old Sakina, who sustained
50% bums, because her parents had turned down his marriage proposal. (D, Feb 11)

February: In Vehari, Multan, unidentified people sprinkled acid and petrol
on Bano and her daughter Ruqqaiya, and set them on fire from which they were severely
burnt. (Din Feb 13)

April: In Faisalabad, a man threw acid on the face of his cousin, Munira, on
rejection of his marriage proposal. She suffered 30%-40% bums (D, Apr 18)
 In April 2006, Rabia, a student at a university in Lahore, was attacked by two men
who hurled acid on her face as she stood outside her college. The girl, who was rushed to
hospital, had received burns across her face and neck. The attackers fled away on a
motorbike. The motive for their heinous act was unknown. Two young men were arrested
by police a few days later.
95

In April, 17 members of a family were burned when acid was thrown on
them T victims were all members 'of the family of Shamim Mai, 20, who had eloped wi
Muhammad Rafiq afew days befire the incident. Her relatives attacked Rafiq's how Those
present at the house, including Rafiq, allegedly hurled acid at the aggressors retaliation,
and injured 17 people.

August: In Rawalpindi, a woman, Shaheen, threw acid on another woman,
Naureen, after a scuffle between them. Naureen was in a bad condition but survived.
(RNE, Aug 19)1

September: In Lahore, 25-year-old Nabeela was brought to a hospital
when her cousin, Hafeez, threw acid on her face over a property dispute and then fled
from the scene. She died at the hospital the next morning. (DT, Sep 28) 2
Mutilation.
Several incidents of grotesque mutilation` and torture of women, most often close
family members, were reported during the period under review.
It was believed many other cases went unreported.
HRCP recorded 14 cases of amputation and 31 of serious injuries inflicted on
women in 2006. The person accused of the crime had not been arrested in most of the
cases.
This number compared to seven cases of the amputation that had been reported 2005, and
as such represented an increase in incidents of such brutality.
There were also two incidents in 2006 in which the heads of women had be shaved.
Some of thee cases reported during the period under review are as follows:
In May 2006, in the Dera Ghazi Khan district, Ayesha; 18, was brutally mutilated by
her husband, of two months, Eisa Khan Khosa: He had accused Ayesha of having an
affair with her cousin, after which she had gone to live with her brother. However her
husband and his brother visited her there, took her to a field, tied-her to a post and slit her
nose and lips. They also inflicted other cuts with a knife across her body. The girl was
taken to the Dera Ghazi Khan district hospital.
________________________________________________________________________
1. RNE Newspaper 19th August 2007.
2. The Daily Times Newspaper 28th Sepetmber 2007.
96

In November 2005, Shamim Mai, from Bahawalpur, was admitted to the
Bahawal Victoria Hospital, in a critical conditions Her brother, Bashir, with four
accomplices, had chopped off her legs, after she contracted a marriage of her own free
will. One of the assailants, Faiz Rasool, was reported to be a union councillor.

Ahmed Nawaz Shah Khagga, son of district PML chief, was in February
2006 accused of slashing the tongue of his wife, Shazia,'in a bid to grab her property. He
had locked her in a room in his house in Sahiwal and allegedly subjected her to severe
torture. He was able to escape during an appearance at a local court.

The hands of two sisters were reported to have been amputated in Bahawalpur in
November by the husband of one of the young women Zahida Aslam was stated to have
become angered over his wife's decision to visit her sister. He went to their house with his
brother, and amputated the hands of both women. The two men fled after the crime.

In Layyah, two brothers chopped off an ear and nose of their sister-in-law for her
refusal to marry her daughter to the son of one of them in watta satta. (D, May 15)

In Muzaffargarh, Zaffar Iqbal cut the nose of his wife, Rani, allegedly to implicate
his opponents in Pati Ghulam Ali area of Kot Addu tehsil. With the help of friends, he
drugged her and then cut her nose with a razor and then later asked her to give false
testimony to the police accusing his opponents, but she refused. They had been married
for 11 years. (Dawn, Sep 8)
Sexual Harassment
Sexual harassment at all levels has spiraled out of control in a society that appears
to be more and more restricted and frustrated. Shocking cases of rape, gang-rape, incest,
and abuse were reported on a daily basis. HRCP noted 731 cases of rape and gang-rape
in 2007, with the actual numbers thought to be much higher. In at least 258 cases it was
reported that the victim was a minor. The perpetrators of rape and gang-rape were at a
very high 1,596. In most reports, enough information was not available to list details.
According to a Daily Times report, citing a study conducted by a PhD student on
detecting assaulters in rape cases through the DNA test, only 10% of the rape victims
approach chemical examiner for conducting DNA tests. The study also said that during
the last five years most of sexually assaulted women in the city were of 13 to 20 years of
age. Only 38% of the rape cases were reported to police stations and .10%-18% of them
were withdrawn by the families of the victims because of the `unfriendly' attitude of the
policemen. More than 60% of rapes and sexual assaults had been committed by relatives
or acquaintances of the victims, the study added. (DT, Oct 8)
97
1. In Karachi, a 36-year-old man was charged with continual sexual abuse and rape
of his 16-year-old daughter, for six years. According to the offender's statement,
he committed the crime in an intoxicated state and could not control himself. He
beat up his daughter after raping her and threatened to kill her if she informed
anybody. The girl eventually told her mother and brother about what had been
happening for so long. The matter was reported to the police who immediately
lodged an FIR under sections 376 and 506 - rape and physical threat - on behalf of
the girl's mother and took the father in to custody. The police also sent the girl for
a medical examination to clear doubts of her possible involvement with a third
person and her father's innocence. However, an ultrasound and other tests showed
that the girl had sexual encounters with only one person and that she was not
pregnant. The father was then taken to Central Karachi Jail. (DT, Dec 12)
2. In April, a six-year-old girl was gang-raped and then strangled to death. The body
was found later outside a local teacher’s house. (D, Apr 15, 2006)
3. Ten armed men broke into a house in Multan and gang raped two sisters, one aged
16 and the other younger, after beating up their father and brother with batons.
They proceeded to rob the house and then fled the scene. Police was reluctant to
register a case, which was finally done 24 hours after the incident. None of the
accused could be traced. (NE, Apr 20, 2006)
4. A young teacher in the rural area of District Rahimyar Khan was abducted and
gang raped by the employee of the Education Department and his accomplices, in
May, 2006. She was also physically tortured on putting up resistance. She
immediately reported the case to the police and a medico-legal examination
confirmed her allegation. However the accused remained protected by the police
and was not arrested even till the file was last updated in August. (News, Aug 5,
2006).
Molestation and Stripping
1.
In July 06 a female student present at the campus of the Karachi University was
lured away by a male staff member of the university and his accomplices. She was
molested and an attempt made to assault her. HRCP conducted a fact-finding into the case
and called for a full investigation.
Other cases of molestation or harassment of women were reported from across the
country. It was believed most however went unreported.
98
2.
In September 2006, five men in the Khanewal district attacked a widow, stripped
her naked and then paraded her around in the village bazaar, apparently' because her son
had teased a relative of one of the assailants. Two of the three men were later arrested.
3.
In Faisalabad, a girls' high school teacher became the victim of a brutal attack of
torture and stripping. The perpetrator, who had been refused by the teacher's sister for
marriage, and his brother, carried out the attack in front of other teachers and students, on
the school premises. Yet police refused to register a complaint, and rejected the 13
eyewitness accounts saying that the victim needed to produce male witnesses. She was
also forced to change her account to include male witnesses instead of female ones. (D,
May 5, 2006)
4.
In another case, a widow and her three daughters were tortured and publicly
humiliated by influentials in a village in Sialkot, over a land dispute. Reports said that
nine men stormed the house of the widow, Nasreen Akhtar, who lived there along with
her three daughters Safia Bibi, Noureen Akhtar and Saima. The armed men reportedly
dragged the women out of their house into a busy village chowk and subjected them to
severe torture, hitting them with hockey sticks and iron rods. They also tore off the
women's clothes in the presence of many onlookers. It was also reported that some of the
onlookers immediately informed Uggoki police, but no action was taken. When the
victims fell unconscious, the accused left after dancing around their semi-naked bodies.
The police registered a case only when the incident became widely known. But the
accused were still at large and were roaming freely in the village. The victims said that
they were being threatened with dire consequences for reporting the matter to the police
and the police were reluctant to arrest the influential accused, who wanted to occupy their
agricultural land. (Dawn, May 3, 2006)
Rape
Cases of rape and gang-rape continued to be reported in the press.
There was an increase in incidents of the rape of minor girls, with several horrifying
A student of Bahauddin Zakariya University, in Khanewal, was gang raped by a
fellow student and his accomplices in January 2006. An attempt was made to hush-up the
matter until the. Punjab Chief Minister ordered an inquiry and the arrest of the rapists.
Some of the worst cases of rape involved small girls.
In March, the body of six-year-old Asia was found in Lahore. She had been
kidnapped by unknown assailants, gang-raped and then murdered, at least 24 hours after
99
she had been abducted.
Another small girl, Mahwish, eight years, was found dead in Faisalabad after violent
rape in April; 2006, while a four-year-old was killed after rape in Sialkot in February
2006.
In May, 2006 another six-year-old, Shamim, was found dead in Rawalpindi after rape.
The child had been abducted from her tent outside the gypsy colony where they lived, and
strangulated after rape.
The l6-year-old daughter of a South African national was raped in Islamabad in
August, 2006 at a guest house where the family was staying.
In August 2006, HRCP investigated a case of kidnapping and alleged rape.
Ghazala Shaheen, a young woman from a village near Kabirwala in the southern Punjab,
was picked up along with her mother Mumtaz Mai. Some reports said influential persons
in the area belonging to `upper' castes, had become infuriated after Ghazala Shaheen,
from a `low' caste, announced she had passed her MA in the first class. Others attributed
the incident to enmity between rival clans.
The women were forcibly taken away from their home, held in captivity for several
days and subjected to rape. It was alleged police and the local administration had
attempted to cover up the incident, to shield a federal minister whose henchmen were
alleged to be involved in the crime.
Cases reported during' the period under review. This suggested a growth in violence
against the most vulnerable of citizens.
HRCP recorded cases of the rape of 420 women and the gang-rape of 424 from
January to December 15, 2006. It was thought many other crimes went unreported.
115 victims of gang-rape and 185 who suffered rape were minor girls. .In October
2006, the NGO Sahil, monitoring child abuse in the country, reported at least 213.' minor
girls had been gang-raped in the first half of 2006. [See also Chapter on Children].
According to HRCP data, there had been 206 cases of gang rape and 172 of rape
in 2005.
Some of the cases reported during the period under review were as follows.
In January, a young woman who had been abducted by ten people form village in
Jhang in May 2005 and gang -raped threatened to commit suicide along with her three
children if the perpetrators of the crime were not apprehended.
Another family of a rape victim, a young school teacher who had allegedly been
assaulted by a relative of a prayer leader in Lahore a few weeks earlier, also threatened
100
self-immolation in front of the Lahore Press Club, to draw attention to their plight. They
stated they were being threatened by local influentials and pressurized not to pursue the
matter.
In November, Noor Jehan, at a press conference in Lahore, appealed to police to help
apprehend the persons who had raped her-two young daughters in Pakpattan and also
kidnapped her son to deter the family from pursuing the matter. She alleged the crime had
been committed with the connivance of a police officer.
Kidnappings
It was difficult to ascertain the true number of women who had been kidnapped,
since cases of abduction were often registered by the families of girls who had eloped.
Official figures showed there had been 9,209 kidnappings in 2005. No breakup
was given for women or children.
According to figures collected by HRCP, there was however distinct increase in'
the trend. More women and young girls were also kidnapped for ransom.
According to this data, 891 women were reported to have been kidnapped in 2006. 12,
including seven minor girls, had been kidnapped for ransom.
There had been 630 cases of kidnapping in 2005.
In other cases, girls belonging to .minority groups were kidnapped and forcibly
converted. There were 20 reported incidents of the kidnapping of Christian women and
two of the abduction of Hindu women.
In June 2006, two college girls kidnapped for ransom in Sangla Hill were freed by
police a few days later from a house in Lahore. The members of the gang responsible for
abducting them were also held.
Women in Police Custody
At the beginning of the year it was reported that the number of women prisoners
across the country was: 356 in Sindh, 1,608 in Punjab and 64 in Balochistan. (DT, Jan 26)
NWFP had a total of 198 prisoners till the end of 2007. In many of the jails in Balochistan
and the coastal areas of Sindh, women prisoners were kept alongside male prisoners due
to lack of separate facilities and there were hardly any women in the jail staff. (RNE, Jan
17) the victims of violence and abuse in custody or at police stations sometimes included
women who had gone to register complaints.
In January, three female labourers, who had been sent to the police station on
charges of stealing were beaten up and sexually assaulted by the interrogating officer. The
101
police officer denied the incident as did the Deputy Superintendent. (DT, Jan 30)

The case of Sonia Naz, the young woman who had alleged rape by
Policemen in a bid to prevent her continuing her search for her husband who had been
arrested in Faisalabad in 2004, continued to make its way through the courts.
The story of Sonia Naz, who had first been arrested when she entered parliament early in
2005 to draw attention to the case of her husband, re-emerged after the young woman was
subjected to rape on the orders of a senior policeman in Faisalabad a short time later.
Sonia sought shelter at 'Dastak' in Lahore and moved the courts with the support of NGOs
and activists.

In October 2006, taking suo motu cognizance of news reports about the victim’s.
sufferings at the hands of the accused police officials, a three-member bench of Supreme
Court ordered a two-member panel of senior police officers to probe Sonia's allegations
that SP Khalid Abdullah, Inspector Jamil Chisti and eight other policemen had raped and
tortured her. The two accused men had been released on bail in November 2005, and
Sonia had alleged that since then she had been threatened and an attempt made to kidnap
her two small children.
On the basis of the report submitted by the two-member panel set up .to inquire into the
matter, the SC ordered an F.I.R to be lodged and then intervened for the arrest of the two
main accused. Sonia Naz was not granted police protection, despite her repeated requests.
This was not the only case in which policemen were accused of inflicting violence on
women or subjecting them to sexual assault.

In September 2005, a police officer was arrested in Rawalpindi after a
woman stated four policemen had entered her home, beaten and then gang-raped her. She
stated they were attempting to extract a bribe for the release of her husband, who had
been arrested previously.

Police violence against women extended to those attempting to make their
grievances known. In May, while attempting to prevent a demonstration by brick kiln
labourers, police dragged Ghulam Fatima, general secretary of the All Pakistan Kiln
Workers Association, on to the road, tore her clothes and severely manhandled her, in the
presence of many journalists.
Women in jails also faced brutality, while suffering greatly due to the lack of
healthcare facilities, clean water or' other basic amenities.
102
Trafficking of Women
"Pakistan is a source for the Middle East trade, in which women and children are
trafficked for sexual exploitation, bonded labour, domestic work and as camel jockeys;
a transit point for the trade with East Asian countries and Bangladesh; and a
destination for women from Bangladesh, Myanmar, Afghanistan and Central Asia. "1
Pakistan continued to be a major country in international trafficking for women. It
remained the starting, transit and stopping point for some of the main trafficking deals,
forming a mid-way channel between the Middle East and the Far East. Nationally too,
trafficking of women was relentless, despite many efforts of the government to
crackdown on groups involved. Girls and women were trafficked to urban centers for
labour, involuntary domestic servitude, prostitution and for sale to men. A lack of proper
legislation is one of the main reasons.
The government has taken some measures like strengthening the implementation of
its 2002 Prevention and Control of Human Trafficking Ordinance, establishing an AntiTrafficking Unit (ATU) within the Federal Investigation Agency (FIA) and co-sponsoring
several public awareness campaigns. Also, the government is cooperating with other
bodies and has established a new model shelter for trafficking victims in Islamabad,
further committing itself to setting up similar facilities in other parts of the country.
(UNDP, trafficking and HIV 2007 report) But unless strict and continuous action is taken,
especially against those in the law enforcement agencies who themselves are involved in
the crime, the message will not get across and there will continue to be a rapid increase in
human trafficking in the country.
According to a report by Dawn, the majority of the women trafficked internally or
abroad is from the Punjab, followed by those from Sindh and the NWFP. Over 70% are
caught up in the cycle trying to ease severe socioeconomic conditions. The report also
stated that people from many levels in the government, police, security and others were
either involved or complicit to what was happening. (D, Jun 12)
In a mockery of the system, a former constable of the Crime Investigation Agency
(CIA) and his wife were involved in kidnapping beggar girls and sending them to the
Gulf for prostitution. It was only after the Supreme Court took suo motu notice that the
police took action and arrested the accused. (D, Mar 12)
________________________________________________________________________
1. UNDP - trafficking and HIV 2007 report
103
Similarly, gangs have been reported in the Federal Investigation Agency (FIA) as
well. (RNE, Jun 15) The FIA's involvement is quite apparent, as the Dawn report
asserted, "from the fact that some time ago, Interior Minister Aftab Ahmed Khan
Sherpao told the National Assembly that during the last three years, 27 high- and lowranking FIA officials have been dismissed or sent on forced retirement on charges of
human trafficking. In a written reply to a question posed by an MNA, the minister said
that criminal cases had been filed against these officials and heavy penalties had also
been imposed." (D, Jun 12)
The displacement of people and separation of families raised new risks of the
trafficking of vulnerable women and children, following the earthquake of October 2005.
The Geneva-based International Organization for. Migration (IOM) and other
international agencies conducted several programmes to raise awareness about trafficking
in the chaotic months following the quake.
The US State Department, in its Trafficking in Persons report for 2006, noted
Pakistan was a source, destination, and transit country for men, women, and children for
the purposes of sexual exploitation, involuntary servitude, and servitude as child camel
jockeys. It stated that Pakistani women and men migrate voluntarily to Gulf states, Iran,
Turkey, and Greece for work as domestic help or construction workers; but some of these
persons could find themselves in situations of involuntary servitude when faced with
overwhelming recruitment and transportation fees, restrictions on their movement, nonpayment of wages and physical or sexual abuse.
The report stated Pakistani girls were reportedly trafficked to the Gulf for sexual
exploitation. The increased trafficking of such women led to some Gulf states imposing
new restrictions on Pakistani women travelling to their countries.
According to the US State Department, women and children from Bangladesh,
India,
Burma,
Afghanistan,
Azerbaijan,
Iran,
Kazakhstan,
Kyrgyz
Republic,
Turkmenistan, Uzbekistan, and Tajikistan were also trafficked to Pakistan for sexual
exploitation' and involuntary servitude. In addition, Bangladeshi, Sri Lankan, Nepalese,
and Burmese women were trafficked through Pakistan en route to the Gulf or Greece.
Pakistan faced a significant internal trafficking problem reportedly involving
thousands of women and children trafficked from rural areas and sold to settle debts and
disputes or forced_ into sexual exploitation, forced labour or marriage. The sale of
women in open markets, mainly in the NWFP, continued.
104
Suicide by Women
Disturbingly, many women chose to end their own lives because of unbearable
conditions, domestic and matrimonial issues, financial hardships, illness, marriage choice
and others. At least 608 women attempted to commit suicide while 692 were successful
in taking their own lives. The main reason for committing suicide observed was domestic
issues.
According to figures compiled by HRCP, at least 2,058 persons, including 728,
women, committed suicide from January to December 15, 2006.
There were also 1,701 cases of attempted suicide, including 753 by women
Domestic problems were cited as the reasons for suicide in the largest number of cases.
HRCP had recorded 988 cases of suicide, including 341 by women, in 2005.
Whereas stepped up efforts by HRCP to compile data from more districts was one
of the factors for the upsurge in the number of deaths reported, it was also apparent a
larger number of women were claiming their own lives, as compared to previous -years-.
Findings that the rate of mental illness including depression was on the rise among
women were relevant to these findings.
It is disturbing to note an emerging pattern where more and more people,
including minors, are choosing to end their lives as a solution to their problems. Many
women are choosing this alternative because they cannot find a way out of the situations
they are caught in. In case of an abusive marriage they believe that seeking divorce will
only bring more misery and shame and that they would not be able to support themselves
once they were on their own.
On the other hand, a few cases can also be attributed to suicides being glorified by
exposure to dramatized media and publications and many young adults commit suicide
after their love is spurned or their marriage proposal is rejected. But whether the reason
is less serious or not, the situation is grave and reflects an unstable mindset. There is no
facility to provide mental guidance and psychological treatment to people who are
disturbed and are looking towards violent solutions. Awareness and counseling should be
made more accessible so that the incidence of suicide can be brought down.
It is imperative to observe that there have been many cases where murders, such
as those committed by the husband or the in-laws or by other family members, have been
reported as suicides to cover up the crime. This leads to more ambiguity in estimating the
exact numbers of murders and suicides.
105
Several cases of suicide are listed below: Other similar cases were reported from
around the country throughout the period under review; with financial and domestic
distress often a key factor in the decisions made by women. .

A woman in Gujrat, Zahida, committed suicide in April by jumping into a canal,
along with her three children. She had faced domestic discord for many months.

A young girl in Lahore, Sumera, committed suicide by swallowing pills in May,
after her parents turned down a proposal from a man the victim wished to marry.

In Sargodha, in June, three young sisters, Rukshana, 23, Humera, 20 and Sana 16,
committed suicide collectively by swallowing poison after a row with their mother
over a domestic issue.

A 45-year-old woman in Mardan, Shakila, committed suicide. by hanging in
August, apparently due to the family's growing financial problems.
Many other such accounts of suicide came in through the year.
Women's Police Station in Dire Straits
KARACHI: Deprived of all basic amenities and severely lacking in facilities, the
city's only women's police station belies all government claims of women's development
and empowerment. Years of infrastructural neglect and departmental shortcomings have
reduced the facility, located in the heart of the city at Civil Lines, to a lock-up equally
dismal for the staff and the women under custody. Established in 1994 by the then prime
minister, Benazir Bhutto, the facility was conceptualised as a place that could freely and
confidently be approached by women wishing to lodge complaints, and serve as a safe
shelter for women accused of an offence. Given that it has jurisdiction over the entire
city, the women's police station was envisaged as employing a full-fledged force and
performing all the other functions of a police station, including investigation. At the
moment, however, the only purpose being served is that of prisoners' custody.
________________________________________________________________________
1. The Dawn, Newspaper 15th September, 2006
106
Shortage of Staff Facilities
“The facility is supposed to have a sanctioned strength of over 70 policewomen, including
five sub-inspectors, 12 assistant sub-inspectors, 12 head constables and 50 constables. In
reality, however, there are only two sub-inspectors, two constables, an SHO and an
additional SHO who perform multiple functions when someone is absent. In addition,
three women perform miscellaneous tasks under the posts of Police Qaumi Razarkar.
Their salaries are voluntarily paid by their superiors. One of the two lockups is being
used as a storeroom by the neighbourhood police. On the average, eight to ten women
are daily under custody of the women's police station. In order to ensure the provision of
food, the police stations concerned are asked to deposit payment in advance. "There is no
water here at all and we have to fetch it every day from roadside cabins," staff members
told Dawn. "The telephone lines have been inoperative for some weeks because the
Karachi Water and Sewage Board (KWSB) has dug up some roads in the area and we are
provided no stationery or mobile van". They added that all the roofs of the five-room
station leak and they have to drain the water out themselves when the place floods during
the rains. According to SHO Ghazala Parveen, the station is used primarily as a lockup
for women arrested from all over the city on different charges. "They are kept here until
their cases are decided in court or they are sent into judicial custody," she said, adding
that merely eight to ten cases, mostly of a civil nature, are filed here monthly. These are
then transferred to other police stations since the women's station does not have an
investigation section. Some cases are referred to the women's police station but staff
members claim that these are the ones in which policemen see little prospects of making
money. Given the host of problems faced by the women's police station, one is bound to
question its utility. For that, the SHO has an unequivocal answer. "Although this station
is deprived of every basic facility, I nevertheless defend its existence since it is vital to
have a police set-up that caters exclusively to women. Given the conditions prevalent in
the country, it is predictably unsafe for any woman to spend a night at any other police
station," she asserted. "This station ought to be made fully functional and equipped to
investigate women's cases, particularly those concerning hudood matters. It should be
allowed to fulfill its objective."
107
Shelter for Women
The Darul Amans, based in cities around the country, offered the main place of
shelter for women caught up in legal cases.
The shelters were run by the social welfare departments and were often no better
than prisons. Women were denied the right to free movement and there were widespread
reports of abuse and rights violations at the hands of the administrations of these shelters.
In July, three women, Kulsoom, Raheela and Ramzana, who escaped from the
Darul Aman at Faisalabad, alleged they had been subjected to abuse and torture by the
administration. After the escape, seven other women approached the courts asking to be
permitted to return to their parents because of the attitude of staff at the shelter.
There were also disturbing reports that the Sindh government was planning to shut
down the Darul Aman in Karachi.
Shelter remained an urgent need of women unable to live at home. Shelters did
not offer a solution, but did provide immediate protection and short-term relief to women
facing violent situations. HRCP held that in the longer-term, only empowerment and
recognition of their rights and dignities could protect women from violence. It also
emphasized that the guidelines for shelters must build in the protection element for
women, while ensuring their basic rights, including those to movement and association,
were not infringed.
Apart from the social-welfare run institutions, some shelters were run by private
organizations or charitable concerns. Many of these shelters faced difficulties in terms of
premises, where they could be securely based.
The expanded official focus on the issue did however produce some results. The
ministry of women development stated in the middle of 2006 that it was managing and
operating crisis centres in different cities of Pakistan to provide support to women in
distress and rehabilitate the survivors of violence. Ten crises centers were said to be
operational in Islamabad, Lahore, Sahiwal, Vehari, Rawalpindi, Mianwali, Peshawar,
Kohat, Quetta and Karachi. More were planned. These crises centers were i+un in
collaboration with some NGOs, particularly those engaged in philanthropic work.
A shelter house attached to the crisis centre in Islamabad provided residence to
women facing situations of violence.
Information about the crisis centres was not widely disseminated and they did note
address the need for a safe place to stay for women facing violence.
108
It was stated in September 2006 that at least 293 suppressed women from all
across Sindh had registered their complaints during the previous eight months at the
Women Crisis Centre, Karachi. Domestic violence was the commonest complaint.
At meetings, workshops and other forums experts continued to call for an increase
in the shelters available to women in distress.
Shelters for women are grossly inadequate taking into account the number of
cases against women reported every year. Police station personnel are not trained
properly to deal with cases reported by women and do not take their complaints
seriously. Women's stations are few and far between and many people do not know their
locations. The government has set up a few women's shelters in the main cities, all the
while promising more shelters every year to reach the target that they propose.
Unfortunately, the existing centres are under-staffed and ill-equipped to handle
most cases, and are often unable to house women in the buildings due to lack of space or
facilities. Some centres lie out of use. Promises of free medical and legal aid as well as
psychological counseling are hardly ever followed through due to lack of funds and
trained personnel. It is reported that only 17 out 25 government women crisis centres are
operational. Women have to either depend on the Darul Aman, which has a reputation
for treating its occupants as inmates and with reports often surfacing about abuse and
prostitution and drug rackets. The other options are private and NGO' shelters which are
extremely few and unable to cater on a large scale.
There is also very little awareness about the government created facilities for
distressed women. The Gender crime Cell at the National Police Bureau in Islamabad is
little known to public and is extremely constrained by lack of human resources. Details of
complaints and reports it had received and disposed are not made public either. (NGO
Statement: Pakistan, presented at the 38" Session of CEDAW Committee, United
Nations, May 21, 2007.
109
Chapter No.6
PROTECTION OF WOMEN
(CRIMINAL LAWS AMENDMENT) ACT, 2006
Government of Pakistan introduces a new Law called as Women’s Protection Law. Let
us discuss it in detail:
Protection of Women (Criminal Laws Amendment) Act, 2006
December 1, 2006
A BILL further to amend the Pakistan Penal Code, the Code of Criminal Procedure
and other laws
WHEREAS it is necessary to provide relief and protection to women against misuse and
abuse of law and to prevent their exploitation;
AND WHEREAS Article 14 of the Constitution ensures that dignity of man and, subject
to law, the privacy of home, shall be inviolable;
AND WHEREAS Article 25 of the Constitution guarantees that there shall be no
discrimination on the basis of sex alone and that the State shall make provisions for the
protection of women;
AND WHEREAS Article 37 of the Constitution encourages promotion of social justice
and eradication of social evils;
AND WHEREAS the objective of this Bill is to bring in particular the laws relating to
zina and qazf in conformity with the stated objectives of the Constitution and the
injunctions of Islam,
AND WHEREAS it is expedient for the aforesaid objectives further to amend the
Pakistan Penal Code (Act XLV of 1860), the Code of Criminal Procedure, 1898 (Act V of
1898, the Dissolution of Muslim Marriages Act, 1939 (VIII of 1939), the Offence of Zina
(Enforcement of Hudood) Ordinance, 1979 (VII of 1979), and the Offence of Qazf
(Enforcement of Hadd) Ordinance, 1979 (VIII of 1979) and for the purposes hereinafter
appearing,
110
It is hereby enacted as follows:
1.
Short title and commencement
(1) This Act may be called the Protection of Women (Criminal Laws Amendment) Act,
2006.
(2) It shall come into force at once.
2.
Insertion of new section, Act XLV of 1860
In the Pakistan Penal Code (Act XLV or 1860), hereinafter referred to as the said "Code",
after section 365A, the following new section shall be inserted, namely:365B. Kidnapping, abducting or inducing woman to compel for marriage etc.Whoever kidnaps or abducts any woman with intent that she may be compelled, or
knowing it to be likely that she will be compelled, to marry any person against her
will, or in order that she may be forced, or seduced to illicit intercourse, or knowing
it to be likely that she will be forced or seduced to illicit intercourse, shall be
punished with imprisonment for life, and shall also he liable to fine; and whoever by
means of criminal intimidation as defined in this Code, or of abuse of authority or
any other method of compulsion, induces any woman to go from any place with
intent that she may be, or knowing that it is likely that she will be, forced or seduced
to illicit intercourse with another person shall also be punishable as aforesaid.".
3.
Insertion of new section, Act XLV of 1860:
In the said Code, after section 367, the following new section shall be inserted, namely:
"367A. Kidnapping or abducting in order to subject person to unnatural lust:
Whoever kidnaps, or abducts any person in order that such person may be
subjected, or may be so disposed of as to be put in danger of being subjected, to the
unnatural lust of any person, or knowing it to be likely that such person will be so
subjected or disposed of, shall be punished with death or rigorous imprisonment for
a term which may extend to twenty-five years, and shall also be liable to fine."
4.
Insertion of new sections, Act XLV of 1860
In the said Code, after section 371, the following new sections shall be inserted, namely:
"371A. Selling person for purposes of prostitution, etc.
111
Whoever sells, lets to hire, or otherwise disposes of any person with intent that
such a person shall at any time be employed or used for the purpose of prostitution
or illicit intercourse with any person or for any unlawful and immoral purpose, or
knowing it to be likely that such person shall at any time be employed or used for
any such, purpose, shall be punished with imprisonment which may extend to
twenty-five years, and shall also be liable to fine.
Explanations:- (a) When a female is sold, let for hire, or otherwise disposed of to a
prostitute or to any person who keeps or manages a brothel, the person so disposing
of such female shall, until the contrary is proved, be presumed to have disposed of
her with the intent that she shall be used for the purpose of prostitution.
(b) For the purposes of this section and section 371B, "illicit intercourse" means
sexual intercourse between persons not united by marriage.
371B. Buying person for purposes of prostitution, etc
Whoever buys, hires or otherwise obtains possession of any person with intent that
such person shall at any time be employed or used for the purpose of prostitution or
illicit intercourse with any person or for any unlawful and immoral purpose, or
knowing it to be likely that such person will at any time be employed or used for
any such purpose, shall be punished with imprisonment which may extend to
twenty-five years, and shall also be liable to fine.
Explanation: Any prostitute or any person keeping or managing a brothel, who
buys, hires or otherwise obtains possession of a female shall, until the contrary is
proved, be presumed to have obtained possession of such female with the intent
that she shall be used for the purpose of prostitution.".
5.
Insertion of new sections, Act XLV of 1860:
In the said Code, after section 374, the following new sections 375 and 376 under subheading "Rape", shall be inserted, namely:
"375. Rape:A man is said to commit rape who has sexual intercourse with a woman under
circumstances falling under any of the five following descriptions,
(i) against her will.
112
(ii) without her consent
(iii) with her consent, when the consent has been obtained by putting her in fear of
death or of hurt,
(iv) with her consent, when the man knows that he is not married to her and that the
consent is given because she believes that the man is another person to whom
she is or believes herself to be married; or
(v) With or without her consent when she is under sixteen years of age.
Explanation: Penetration is sufficient to constitute the sexual intercourse necessary
to the offence of rape.
376. Punishment for rape
(1) Whoever commits rape shall be punished with death or imprisonment of either
description for a term which shall not be less than ten rears or more, than
twenty-five years and shall also be liable to fine.
(2) When rape is committed by two or more persons in furtherance of common
intention of all, each of such persons shall be punished with death or
imprisonment for life.".
6.
Insertion of new section, Act XLV of 1860.
In the said Code, in Chapter XX, the following new section shall be inserted, namely:"493A. Cohabitation caused by a man deceitfully inducing a belief of lawful marriage
Every man who deceitfully causes any woman who is not lawfully married to him
to believe that she is lawfully married to him and to cohabit with him in that belief,
shall be punished with rigorous imprisonment for a term which may extend to
twenty-five years and shall also he liable to fine.".
7.
Insertion of new sections, Act XLV of 1860.
In the said Code, after section 496, the following new sections shall be inserted, namely:
113
"496A. Enticing or taking away or detaining with criminal intent a woman.
Whoever takes or entices away any woman with intent that she may have illicit
intercourse with any person, or conceals or detains with that intent any woman,
shall be punished with imprisonment of either description for a term which may
extend to seven years, and shall also be liable to fine.
496B. Fornication:
(1) A man and a woman not married to each other are said to commit fornication
if they willfully have sexual intercourse with one another.
(2) Whoever commits fornication shall be punished with imprisonment for a term
which may extend to five years and shall also be liable to fine not exceeding
ten thousand rupees.
496C. Punishment for false accusation of fornication.
Whoever brings or levels or gives evidence of false charge of fornication against
any person, shall be punished with imprisonment for a term which may extend to
five years and shall also be liable to fine not exceeding ten thousand rupees.
Provided that a Presiding Officer of a Court dismissing a complaint under section
203C of the Code of Criminal Procedure, 1898 and after providing the accused an
opportunity to show cause if satisfied that an offence under this section has been
committed shall not require any further proof and shall forthwith proceed to pass
the sentence.".
8.
Insertion of new sections, Act V of 1898.In the Code of Criminal Procedure, 1898 (Act V of 1898), after section 203, the hollowing
new sections shall be inserted, namely:
"203A. Complaint in case of Zina.(1) No court shall take cognizance of an offence under section 5 of the Offence of
Zina (Enforcement of Hudood) Ordinance, 1979 (VII of 1919), except on a
complaint lodged in a Court of competent jurisdiction.
(2) The Presiding Officer of a Court taking cognizance of an offence on a
114
complaint shall at once examine, on oath, the complainant and at least four
Muslim, adult male eye-witnesses, about whom the Court is satisfied having
regard to the requirement of tazkiyah-al-shahood, that, they are truthful
persons and abstain from major sins (kabair), of the act of penetration
necessary to the offence
Provided that, if the accused is a non-Muslim, the eye-witnesses may be nonMuslims.
Explanation: In this section "tazkiyah-al-shahood" means the mode of inquiry
adopted by a Court to satisfy itself as to the credibility of a witness.
(3) The substance of the examination of the complainant and the eye-witnesses
shall be reduced to writing and shall be signed by the complainant and the eyewitnesses, as the case may be, and also by the Presiding Officer of the Court.
(4) If in the opinion of the Presiding Officer of a Court, there is sufficient ground
for proceeding, the Court shall issue summons for the personal attendance of
the accused.
(5) The Presiding Officer of a Court before whom a complaint is made or to
whom it has been transferred may dismiss the complaint, if, after considering
the statements on oath of the complainant and the four or more eye-witnesses
there is, in his judgment, no sufficient ground for proceeding and in such case
he shall record his reasons for so doing.
203B. Complaint in case of Qazf.(1) Subject to sub-section (2) of section 6 of the Offence of Qazf (Enforcement of
Hadd) Ordinance, 1979 (VIII of 1979), no Court shall take cognizance of an
offence under section 7 of the said Ordinance, except on a complaint lodged in
a Court of competent jurisdiction.
(2) The Presiding Officer of a Court taking cognizance of an offence on a
complaint shall at once examine on oath the complainant and the witnesses as
mentioned in section 6 of the Offence of Qazf (Enforcement of Hadd)
115
Ordinance, 1979 (VIII of 1979) of the act of Qazf necessary to the offence.
(3) The substance of the examination of the complainant and the witnesses shall
be reduced to writing and shall be signed by the complainant and the
witnesses, as the case may be, and also by the Presiding Officer of the Court.
(4) If in the opinion of the Presiding Officer of a Court, there is sufficient ground
for proceeding the Court shall issue summons for the personal attendance of
the accused.
(5) The Presiding Officer of a Court before whom a complaint is made or to
whom it has been transferred may dismiss the complaint, if, after considering
the statements on oath of the complainant and the witnesses there is, in his
judgment, no sufficient ground for proceeding and in such case he shall record
his reasons for so doing.
203C. Complaint in case of fornication.
(1) No court shall take cognizance of an offence under section 496A of the
Pakistan Penal Code, except on a complaint lodged in a Court of competent
Jurisdiction.
(2) The Presiding Officer of a Court taking cognizance of an offence shall at once
examine on oath the complainant and at least two eyewitnesses to the act of
fornication.
(3) The substance of the examination of the complainant and the eye-witnesses
shall be reduced to writing and shall be signed by the complainant and the
witnesses, as the case may be, and also by the Presiding Officer of the Court.
(4) If in the opinion of the Presiding Officer of a Court, there is sufficient ground
for proceeding the Court shall issue a summons for the personal attendance of
the accused:
116
Provided that the Presiding Officer of a Court shall not require the accused to
furnish any security except a personal bond, without sureties, to ensure
attendance before the Court in further proceedings.
(5) The Presiding Officer of a Court before whom a complaint is made or to
whom it has been transferred may dismiss the complaint, if, after considering
the statements on oath of the complainant and the witnesses there is, in his
judgment, no sufficient ground for proceeding and in such case he shall record
his reasons for so doing.
(6) Notwithstanding the foregoing provisions, or anything contained in any other
law for the time being in force no complaint under this section shall be
entertained against any person who is accused of zina under section 5 of the
Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (Ordinance No.
VII of 1979) and against whom a complaint under section 203A of this Code is
pending or has been dismissed or who has been acquitted or against any person
who is a complainant or a victim in a case of rape, under any circumstances
whatsoever.".
9.
Amendment of Schedule II, Act V of 1898.In the Code of Criminal Procedure, 1898 (Act V of 1898), in Schedule II,
(i)
after section 365A in column 1 and entries relating thereto in columns 2 to 8, the
following shall be inserted, namely:
1
2
3
4
5
6
7
8
365B Kidnapping, abducting or inducing Ditto Ditto Ditto Ditto Imprisonment for life Ditto;
woman to compel for marriage etc.
(ii)
and fine.
after section 367 in column 1 and entries relating thereto in columns 2 to 8, the
following shall be inserted, namely:
1
2
3
4
5
6
7
8
367A Kidnapping or abducting in Ditto Ditto Ditto Ditto Death or rigorous imprisonment Ditto;
order to subject person to
which may extend to twenty-five
unnatural list.
years and fine.
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(iii) after section 371 In column 1 and entries relating thereto in columns 2 to 8, the
following shall be inserted, namely:1
2
371A Selling
3
person
4
5
6
7
8
for Ditto Ditto Ditto Ditto Imprisonment which may extend Ditto;
purposes of prostitution,
to twenty-five years and fine.
etc.
371B Buying
person
for Ditto Ditto Ditto Ditto Imprisonment which may extend Ditto;
purposes of prostitution,
to twenty-five years and fine.
etc.
(iv) after section 374 the sub-heading "of Rape" shall be inserted;
(v)
for the existing entries relating to section 376 in columns 1 to 8, the following shall
be substituted, namely :1
2
3
376 Rape May
arrest
4
5
Warrant Not
6
7
8
Not
Death or imprisonment Court of
bailable compoundable not less than ten years Sessions;
without
or more than twenty-
warrant
five years and fine.
Death or imprisonment
for life, if the offence
committed by two or
more
persons
furtherance
in
of
common intention.
(vi) after section 493 in column 1 and entries relating thereto in columns 2 to 8, the
following shall be inserted, namely:1
2
3
4
5
6
7
8
493A Cohabitation May
Warrant Not
Not
Rigorous
Ditto;
caused by a arrest
bailable. compoundable imprisonment
man
without
which
may
deceitfully
warrant.
extend
to
inducing
a
twenty-five
belief
of
years and fine.
lawful
marriage.
118
(vii) in section 494 in column 1, in column 3, for the word "Ditto", the words "Shall not
arrest without warrant" shall be substituted;
(viii) after section 496 in column 1 and entries relating thereto in columns 2 to 8, the
following shall be inserted, namely :1
2
496A Enticing or
3
May
4
Ditto
5
Ditto
7
8
Imprisonment
Court of
of either
Sessions or
or detaining without
description
Magistrate
with
which may
of the first
taking away arrest
Not
6
bailable
warrant
criminal
extend to seven class;
intent a
years and fine
woman
496B Fornication
Shall not Summons Bailable Not
Imprisonment
Magistrate
arrest
which may
of the first
without
extend to give
class;
warrant
years and fine
compoundable
not exceeding
ten thousand
rupees
496C False
Shall not Summons Bailable Not
Imprisonment
Magistrate
which may
of the first
without
extend to five
class;
warrant.
years and find
accusation of arrest
Fornication
compoundable
not exceeding
ten thousand
rupees.
(ix) under the heading, "OFFENCES AGAINST OTHER LAWS" after the last entry in
column 1 and entries relating thereto in columns 2 to 8, the following shall be
inserted, namely:
1
2
3
4
5
6
7
8
Section 5 of Zina. Shall not Summons Bailable Not
Stoning to death Court of
Ordinance
arrest
compoundable. in case of Muhsan Sessions;
VII of 1979
without
and if not Muhsan
warrant.
whipping not
exceeding one
hundred stripes
Section 7 of Qazf. Shall not Summons Bailable Not
Whipping
Court
of
Ordinance
arrest
compoundable. numbering eighty Sessions;
VIII or 1979
without
stripes.
warrant.
119
10.
Amendment of section 2, Ordinance VII of 1979.In the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (Ordinance No. VII of
1979), in section 2:
(i) after clause (a), the following new clause (aa) shall be inserted, namely:
"(aa) "confession" means, notwithstanding any judgement of any court to the
contrary, an oral statement, explicitly admitting the commission of the offence
of zina, voluntarily made by the accused before a court of sessions having
jurisdiction in the matter or on receipt of a summons under section 203A of the
Code of Criminal Procedure, 1898 (Act V of 1898)."; and
(ii) clauses (c) and (e) shall be omitted.
11.
Omission of section 3, Ordinance VII of 1979.In the Offence of Zina (Enforcement of Hudood) Ordinance 1979 (Ordinance No. VII of
1979), section 3 shall be omitted.
12.
Amendment of section 4, Ordinance VII of 1979.In the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (Ordinance No VII of
1979), in section 4, the word "validly" and the explanation at the end of the section shall
be omitted.
12A. Insertion of new, section, Ordinance VII of 1979:
In the Offence of Zina (Enforcement of Hudood Ordinance, 1979 (Ordinance No. VII of
1979), after section 5, the following new section shall be inserted, namely:"5A. No case to be converted, lodged or registered under certain provisions:No complaint of zina under section 5 read with section 203A of the Code of
Criminal Procedure, 1989 and no case where an allegation of rape is made shall at
any stagy be converted into a complaint of fornication under section 496A of the
Pakistan Penal Code (Act XLV of 1860) and no complaint of fornication shall at any
stage be converted into a complaint of zina under section 5 of the Offence of Zina
(Enforcement of Hudood) Ordinance 1979 (Ordinance No. VII of 1979) or an
offence of similar nature under any other law for the time being in force.".
120
13.
Omission of sections 6 and 7, Ordinance VII of 1979:
In the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (Ordinance No. VII
of 1979), sections 6 and 7 shall be omitted.
14.
Amendment of section 8, Ordinance VII of 1979:
In the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (Ordinance No. VII of
1979), in section 8,
(i) the words and comma "or zina-bil-jabr" shall be omitted; and
(ii) in the marginal note, the words "or zina-bil-jabr" shall be omitted.
15.
Amendment of section 9, Ordinance VII of 1979:In the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (Ordinance No. VII of
1979), in section 9,
(i) the words "or zina-bil-jabr" shall be omitted;
(ii) in sub-section (2) the words "or zina-bil-jabr" shall be omitted; and
(iii) sub-sections (3) and (4) shall be omitted.
16.
Omission of sections 10 to 16, 18 and 19, Ordinance VII of 1979:
In the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (Ordinance No. VII of
1979), sections 10 to 16 and 18 and 19 shall be omitted.
17.
Amendment of section 17, Ordinance VII of 1979:In the Offence of Zina (Enforcement of Hooded) Ordinance, 1979 (Ordinance No. VII of
1979), in section 17, the words and figure "or section 6" shall be omitted.
18.
Amendment of section 20, Ordinance VII of 1979.In the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (Ordinance No. VII of
1979), in section 20,(i) in sub-section (1), the first proviso shall be omitted and in the second proviso, the word
"further" shall be omitted;
121
(ii) sub-section (3) shall be omitted; and
(iii) sub-section (5) shall be omitted.
19.
Amendment of section 2, Ordinance VIII of 1979.In the Offence of Qazf (Enforcement of Hadd) Ordinance, 1979 (Ordnance No. VIII of
1979), for clause (a) the following shall be substituted, namely:"(a "adult", "hadd" and "zina" have the same meaning as in the Offence of Zina
)
20.
(Enforcement of Hudood) Ordinance, 1979; and".
Amendment of section 4, Ordinance VIII of 1979:In the Offence of Qazf (Enforcement of Hadd) Ordnance, 1979 (Ordinance No. VIII of
1979), section 4 shall be omitted.
21.
Amendment of section 6, Ordinance VIII of 1979:In the Offence of Qazf (Enforcement of Hadd) Ordinance, 1979 (VIII of 1979), section 6,
shall be renumbered as sub-section (1) thereof and after sub-section (1) renumbered as
aforesaid, the following new sub-section (2) shall be added, namely:
"(2 The Presiding Officer of a Court dismissing a complaint under section 203A of the
)
Code of Criminal Procedure, 1898 or acquitting an accused under section 5 of the
Offense of Zina (Enforcement of Hudood) Ordinance, 1979 (Ordinance VII of 1979),
If satisfied that the offence of qazf liable to hadd has been committed, shall not
require any proof of qazf and shall proceed to pass sentence under section 7.".
22.
Amendment of section 8, Ordinance VIII of 1979.In the Offence of Qazf (Enforcement of Hadd) Ordinance, 1979 (Ordinance No. VIII of
1979), in section 8, the words, "a report made to the police or" shall be omitted.
23.
Amendment of section 9, Ordinance VIII of 1979:In the Offence of Qazf (Enforcement of Hadd) Ordinance, 1979 (Ordinance No. VIII of
122
1979), in section 9, for sub-section (2), the following shall be substituted, namely:
"(2 In a case which, before the execution of hadd, the complainant withdraws his
)
allegation of qazf, or states that the accused had made a false confession or that any of
the witnesses had deposed falsely, hadd shall not be enforced.".
24.
Amendment of sections 10 to 13 and 15, Ordinance VIII of 1979:In the Offence of Qazf (Enforcement of Hadd) Ordinance, 1979 (Ordinance No. VIII of
1979), sections 10 to 13 and 15 shall be omitted.
25.
Amendment of section 14, Ordinance VIII of 1979.In the Offence of Qazf (Enforcement of Hadd) Ordinance, 1979 (Ordinance No. VIII of
1979), in section 14, subsections (3) and (4) shall be omitted.
26.
Omission of section 16, Ordinance VIII of 1979:
In the Offence of Qazf (Enforcement of Hand) Ordinance, 1979 (Ordinance No. VIII of
1979), section 16 shall be omitted.
27.
Amendment of section 17, Ordinance VIII of 1979.In the Offence of Qazf (Enforcement of Hadd) Ordinance, 1979 (Ordinance No. VIII of
1979), in section 17,
(i) the first proviso shall be omitted;
(ii) for the second proviso, the following shall be substituted, namely:
Provided that an offence punishable under section 7 shall be triable by a Court of
Sessions and not by or before a Magistrate authorized under section 30 of the said
Code and an appeal from an order of the Court of Sessions shall lie to the Federal
Shariat Court.".
28.
Omission of section 19, Ordinance VIII of 1979:In the Offence of Qazf (Enforcement of Hadd) Ordinance, 1979 (Ordinance No. VIII of
1979), section 19 shall be omitted.
29.
Insertion of new section, Dissolution of Muslim Marriages Act, 1939 (VIII of 1939):In the Dissolution of Muslim Marriages Act, 1939 (VIII of 1939), in section 2, after clause
(vii), the following new clause shall be inserted, namely:(viia) lian
Explanation: Lian means where the husband has accused his wife of zina and the
wife does not accept the accusation as true".
123
Statement of Objects and Reasons
One of the avowed constitutional objectives of the Islamic Republic of Pakistan is
to enable Muslims to order their lives in the individual and collective spheres in
accordance with the teachings and requirements of Islam as laid doom in the Holy Qur'an
and Sunnah.
The Constitution, accordingly, mandates that all existing laws shall be brought in
conformity with the injunctions of Islam as laid down in the Holy Qur'an and Sunnah.
The object of this Bill is to bring the laws relating to zina and qazf, in particular, in
conformity with the stated objectives of The Islamic Republic of Pakistan and the
constitutional mandate and in particular to provide relief and protection to women against
misuse and abuse of law.
The offences of zina and qazf are mentioned in the Qur'an. The two ordinances
relating to zina and qazf, however, make a number of other acts punishable in spite of the
fact that the Qur'an and Sunnah neither define these offences nor has any punishment for
there been prescribed. On no principle of qiyas can the punishments for zina and qazf or
the procedure identified for their proof can be extended to these offences.
Any offence not mentioned in the Qur'an and Sunnah or for which punishment is
not stated therein is Ta'zir which is a subject of State legislation. It is for the State both to
define such offences and to fix punishments for these. The exercise of such authority by
the State is in consonance with Islamic norms which the State is authorized to both define
and punish. Accordingly, all these offences have been removed from the two Hudood
Ordinances and inserted in their proper places in the Pakistan Penal Code, 1860 (Act
XLV of 1860) hereinafter "PPC".
The offences listed in sections 11 to 16 of the Offence of Zina (Enforcement of
Hudood) Ordinance, 1979 (VII of 1979) hereinafter "Zina Ordinance" are Ta'zir offences.
All these are being inserted as sections 365B, 367A, 371A, 371B, 493A and 496A of the
Pakistan Penal Code, 1860 (Act XLV of 1860). Sections 12 and 13 of the Offence of Qazf
(Enforcement of Hadd) Ordinance, 1979 hereinafter 'Qazf Ordinance' are being omitted.
This is being done as the definition of qazf in section 3 of that Ordinance is wide enough
to cover the qazf committed by printing or engraving or sale of printed and engraved
material.
124
No change is being made in the language of the statutory definition of any of these
Ta'zir offences or the punishment provided for these, save one. The punishment of
whipping is being deleted (or these Ta'zir offences. As the Qur'an and Sunnah do not
provide for any punishment with regard to these offences the State is authorized to make
this change in conformity with the Islamic concept of justice. This is in accordance with
the scheme of the PPC and the evolving standards of decency which mark the progress of
a maturing society.
The Zina and Qazf Ordinances have been a subject of trenchant criticism by
citizens in general and scholars of Islam and women in particular. The criticisms are
many. These include the lumping of the offence of zina with zina-bil-jabr (rape) and
subjecting both to the same kind of proof and punishment. This has facilitated abuse. A
woman who fails to prove rape is often prosecuted for zina. The requirement of proof for
the maximum punishment of zina-bil-jabr (rape) being the same as that for zina, it has
made absolutely impossible to prove the former.
Where a prosecution for rape against a man fails but sexual activity is confirmed
by medical examination or on account of pregnancy or otherwise the woman is punished
for zina not as Hadd - four eye witnesses not being available - but as Ta'zir. Her
complaint is, at times, deemed a confession.
A penal statute must be clear and unambiguous. It must mark the boundaries
between the permitted and the prohibited with clarity. The citizens are, thus, put to notice.
They can order their life and conduct by following these bright guidelines and steer clear
of trouble. The vague definitions in thane and related laws are, therefore, either being
clarified and wherever that is not possible, omitted. The object is to protect the unwary
and unsuspecting citizens from unwittingly falling foul of penal laws.
The Zina Ordinance also defines "marriage" as a valid marriage. In rural areas, in
particular, nikahs generally and divorces particularly are not registered. It becomes
difficult for a person charged with zina to establish "valid marriage" as a defence. Nonregistration has its civil consequences. These are sufficient. failure to register a nikah or
have a divorce confirmed should not entail penal consequences. This is in consonance
with the Islamic norm that Hadd should not be imposed whenever there is any doubt
about the commission of the offence. The misuse of the law in such cases has made it an
instrument of oppression in the hands of vengeful former husbands and other members of
society.
125
A triple talaq is pronounced. The woman returns to her parental home. She goes
through her period of iddat. After a while the family arranges another match and she gets
married. The husband then claims that sans the confirmation of divorce by the local
authorities the marriage is not over and launches a zina prosecution. It is necessary to
delete this definition to shut this door.
There is no hadd for the offence of zina-bil-jabr (rape). It is a Ta'zir offence. The
definition and punishment of rape is, therefore, being incorporated in the PPC in sections 375
and 376 respectively. The gender neutral definition is being amended to clearly provide that
rape IS an offence committed by a man against a woman. As consent of the woman is a defence
to the charge of rape it is being provided that such consent would not be a defence if the woman
is less than 16 years of age. This accords both with the need to protect the weak, which the
Qur'an repeatedly emphasizes, and the norms of international legal obligations.
The punishment for gang rape is death. No lesser punishment is provided. The
courts heating such cases have observed that in many situations they are of the opinion
that a person cannot be acquitted while at the same time imposing the death penalty is not
warranted in the fails and circumstances of the case. The result is that they feel obliged to
acquit the accused in Stan cases. To address this concern, the lesser sentence of life
imprisonment is being added as an alternative to the death penalty.
The procedure for the prosecution of Ta'zir offences of zina-bil-jabr (rape) and
gang rape, like that for all other Ta'zir offences under the PPC, is to be regulated by the
Code of Criminal Procedure, 1898 (Act V of 1898) hereinafter "Cr. P.C.".
Lian is a form of dissolution of marriage. A woman who is accused of adultery by her
husband and denies the charge can seek dissolution of her marriage. Section 14 of the Qazf
Ordinance refers to lian and also provides a procedure for it. A form of dissolution of marriage
has no place in a penal statute. Accordingly, lian has been introduced as a ground for divorce
under the Dissolution of Muslim Marriages Act, 1939 (VIII of 1939).
The definition of zina and qazf remain the same as in the Zina and Qazf Ordinances.
For both zina and qazf the same punishments have been retained, as well.
Zina is a heinous crime that corrupts public morals and destroys the sense of
modesty. The Qur'an regards zina an offence against public morality. The requirement of
four eyewitnesses is not solely an evidentiary burden of extra-ordinary weight. It is also
an assertion that if contrary to the hadith, "Allah loves those who hide their sins", one
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commits an act in so blatant a fashion that four people see it, the harm to society must be
serious indeed. At the same time, the Qur'an protects privacy, prohibits baseless
assumptions and inquisition and forbids interference in the life of others. It is for this
reason that a failure to prove zina entails punishment for qazf (false accusation of zina).
The Qur'an requires the complainant to bring four eye-witnesses to prove the accusation
of zina. The complainant and the witnesses must be conscious of the seriousness of this
offence and must know that if they make a false accusation or cannot prove the charge
beyond doubt they will be punished for qazf. The conviction will follow the failure of the
zina prosecution and will not be contingent on the initiation of fresh legal proceedings.
The Zina Ordinance has been abused to persecute women, to settle vendettas and
to deny basic human rights and fundamental freedoms. To check such abuse both in the
case of zina and qazf the Cr. P.C. is being amended to provide that only the Court of
Sessions, on a complaint, may take cognizance of such cases. The offence has been made
bailable so that the accused do not languish in jail during trial. The police will have no authority
to arrest any one in such cases unless so directed by the Court of Sessions and such directions
cannot be issued except either to compel attendance in court or in the event of a conviction.
The primary object of all these amendments is to make zina and qazf punishable
only in accordance with the Injunctions of Islam as laid down in the Holy Qur'an and
Sunnah, to prevent exploitation, curb abuse of police powers and create a just and
egalitarian society.
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AMENDMENT IN PROTECTION OF WOMEN
CRIMINAL LAWS ACT, 2006
Objects and reasons of this Amendment.
The Pakistan National Assembly introduces some amendments in the previously
discussed Act of Women’s Violation which are given below.
The issue of domestic violence has been a source of public concern for a number
of years. Being in the private domain, the gravity of violence in the domestic sphere is
compounded. In cognizance of the stress and unbearable suffering of the aggrieved
person, it is necessary to criminalize the act. Through this Bill, domestic violence is
brought into the public domain and responds to the National Policy for Development
and Empowerment of Women of adopting zero tolerance for violence against women
and “introducing positive legislation on domestic violence”.
Words and phrases not defined in this Act shall have the meaning as described
thereto in the Pakistan Penal Code, 1898 (Act XLV of 1898) and the Code of Criminal
Procedure, 1860, (Act V of 1860).”
3. Duty of Government to ensure effective implementation of the Act. - (1) the
Federal Government shall ensure that∙−
(a) This Act and the contents thereof receive wide publicity through electronic and print
media in Urdu and local languages;
(b) The government officers, the police and the members of the judicial service are given
periodic sensitization and awareness training on the issues addressed by this Act; and
(c) Effective protocols are formulated by the concerned Ministries and Departments
dealing with health, education, employment, law and social welfare to address the issue of
domestic violence and that the same are periodically revised.
(2) The Federal Government shall ensure that the National Commission on the Status of
Women (NCSW) as mandated shall∙−
(a) Review from time to time the existing provisions of the law on domestic violence and
suggest amendments therein, if any;
(b) Call for specific studies or investigation into specific incidence of domestic violence;
(c) Look into complaints and take suo moto notice of matters relating to domestic
violence and the non-implementation of the law on domestic violence; and
(d) Participate and advise on the planning process for securing a safe environment free of
domestic violence.
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4. Domestic Violence.- Domestic Violence includes but is not limited to, all intentional
acts of gender based or other physical or psychological abuse committed by an accused
against women, children or other vulnerable persons, with whom the accused is or has
been in a domestic relationship including but not limited to:
(a) "Assault" as defined in section 351 of the Pakistan Penal Code (Act XLV of 1860)
hereinafter referred to in this section “as the said Code”;
(b) "Attempt" as defined in section 511 of the said Code to commit any of the offences
enumerated in this section; 4
(c) “Criminal force” as defined in section 350 of the said Code;
(d) “Criminal intimidation” as defined in section 503 of the said Code;
(e) "Economic abuse" includes deprivation of economic or financial resources or
prohibition or restriction to continued access to such resources which the aggrieved
person is entitled to use or enjoy by virtue of the domestic relationship including but not
limited to household necessities for the aggrieved person and her children, any property
jointly or separately owned by the aggrieved person, payment of rental related to the
household, and maintenance;
(f) Entry into aggrieved person's residence without his or her consent, where the parties
do not share the same residence;
(g) “Harassment” as defined in section 2 clause (i) of this Act;
(h) “Hurt” as defined in section 332 of the said Code;
(i) "Mischief” as defined in section 425 of the said Code against the property of the
aggrieved person;
(j) "Physical abuse" means any act or conducts which is of such a nature as to cause
bodily pain, harm or danger to life, limb, or health or impair the health or development of
the aggrieved person and includes assault, criminal force and criminal intimidation;
(k) “Stalking” includes, but is not limited to(i) Following, pursing or accosting the aggrieved person against his or her wishes; and
(ii) Watching or loitering outsides or near the building or place where the aggrieved
person resides or works for gains or carries on business or visits frequently.
(1) "Sexual abuse" includes any conduct of a sexual nature that abuses, humiliates,
degrades or otherwise violates the dignity of the aggrieved person;
(m) "Verbal and emotional abuse" means any or persistent degrading or humiliating
conduct of the accused towards the aggrieved person, including but not limited to(i) Insults or ridicule;
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(ii) Threat to cause physical pain; and
(iii) Threat of malicious prosecution;
(n) Willful or negligent abandonment of the aggrieved person;
(o) “Wrongful confinement” as defined in section 340 of the said Code; and
(p) Any other repressive or abusive behavior towards the aggrieved person where such a
conduct harms or may cause imminent danger of harm to the safety, health or well-being
of the aggrieved person.
5. Application to the Court. - (1) an aggrieved person or any other person authorized by
the aggrieved person in writing in this behalf may present an application to the Court
within whose jurisdiction offence was Committed for seeking any relief under this Act.
(2) The application under sub-section (1) shall be in such form and contain particulars as
may be prescribed or as nearly as possible thereto.
(3) The court shall fix the first date of hearing, which shall not exceed three days from the
date of the receipt of the application by the court.
(4) The application made under sub-section (1) shall be disposed of within a period of
thirty days and any adjournment given during the hearing of the application shall be
granted for reasons to be recorded in writing by the Court.
(5) For purpose of trial under this Act, the Court shall follow the procedure specified in
Chapter XX of the Code.
6. Counseling. - (1) The court, at any stage of the proceedings under this Act, may direct
the accused to undergo mandatory counseling with an appropriate service provider.
(2) Where the court has issued any direction under sub-section (1), it shall fix the next
date of hearing of the case within a period not exceeding thirty days.
7. Right to reside in a household. - (1) Notwithstanding anything contained in any other
law for the time being in force, the aggrieved person shall not be evicted from the
household without consent, whether or not he or she has any right, title or beneficial
interest in the same.
(2) The aggrieved person shall not be evicted from the household or any part of it by the
accused saves in accordance with law:
Provided that where the domestic relationship is based on employment or domestic help,
the provisions of this section shall not apply.
8. Passing of protection orders and residence orders.- (1) The court on being satisfied
that domestic violence has taken place may pass a protection order in favour of the
aggrieved person and prohibit the accused from.
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(a) Committing any act of domestic violence;
(b) Aiding or abetting in the commission of acts of domestic violence;
(c) Entering the place of employment of the aggrieved person or, if the aggrieved person
is a child, his or her educational institution or any other place frequented by the aggrieved
person;
(d) Attempting to communicate in any form, whatsoever with the aggrieved person,
including personal, oral or written, electronic or telephonic or mobile phone contact;
(e) Causing violence to the dependants, other relatives or any person who gives the
aggrieved person assistance against domestic violence; and
(f) Committing any other act as specified in the protection order;
(2) In addition to the order under sub-section (1), or otherwise, the court on being
satisfied that domestic violence has taken place may pass a residence order to(a) Restrain the accused from dispossessing or in any other manner disturbing the
possession of the aggrieved person from the household;
(b) Restrain the accused or any of his relatives from entering the household; and
(c) Direct the accused to secure alternative accommodation for the aggrieved person or if
the circumstances so require to pay rent for the same.
(3) The court may impose any additional conditions or pass any other direction which it
may deem reasonably necessary to protect and provide for the safety of the aggrieved
person or any child of such aggrieved person.
(4) The court may require from the accused to execute a bond, with or without sureties,
for preventing the commission of domestic violence.
(5) While making an order under sub-sections (1), (2) or (3), the court may also pass an
order directing the officer in charge of the nearest police station to give protection to the
aggrieved person or to assist the aggrieved person or the person making an application on
his or her behalf in the implementation of the order.
(6) While making an order under sub-section (2), the court may impose on the accused
obligations relating to the discharge of rent or other payments, having regards to the
financial needs and resources of the parties.
(7) The court may direct the officer in charge of the police station in whose jurisdiction
the court has been approached to assist in the implementation of the protection order.
(8) The court may direct the accused to return to the possession of the aggrieved person
any property or valuable security to which she is entitled to.
(9) The court shall in all cases where it has passed any order under this section, order that
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a copy of such order, shall be given to the parties to the application, the officer in charge
of the police station in the jurisdiction of which the court has been approached as well as
to the service provider located within the local limits of the jurisdiction of the court:
Provided that where the domestic relationship is based on employment or domestic help
the provisions of this section shall not apply.
9. Monetary relief.- (1) The court may, at any stage of the trial on an application by the
aggrieved person, direct the accused to pay monetary relief to meet the expenses incurred and
losses suffered by the aggrieved person and such relief may include, but is not limited to:
(a) Loss of earning;
(b) Medical expense;
(c) The loss caused due to the destruction, damage or removal of any property from the
control of the aggrieved person; and
(d) The maintenance for the aggrieved person as well her children, if any, including an
order under or in addition to an order of maintenance under family laws.
(2) The accused shall pay monetary relief to the person aggrieved within the period
specified in the order made in terms of sub-section (1) and in accordance with terms
thereof.
(3) The court may, upon failure on part of the accused to make payment in terms of the
order under sub-section (2) direct an employer or debtor, of the accused , to directly pay
the aggrieved person or to deposit with the court a portion of the wages or salaries or debt
due to or accrued to the credit of the accused , which amount may be adjusted towards the
monetary relief payable by the accused .
10. Custody orders.- The court may, at any stage of the application for protection order
or for any other relief under this Act grant temporary custody of an aggrieved person who
is;
(a) A child to a person under the Guardians and Wards Acts 1890 (VIII of 1890); and
(b) An adult to a service provider in accordance with the will of the aggrievedperson to
some other person:
Provided that in any case where a complaint of sexual abuse of a child has been made and
the court is prima facie satisfied that such allegation is true, the court shall grant custody
to the aggrieved person or the person making an application on his or her behalf and no
order 8 for arrangements for visitation by the accused shall be made.
Provided further that where the domestic relationship is based on employment or
domestic help, the provisions of this section shall not apply.”
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11. Power to grant interim order.- (1) In any proceeding before him under this Act, the
court may pass such interim order as it deems just and proper.
(2) If the court is satisfied that an application prima facie discloses that the accused is
committing, or has committed an act of domestic violence or that there is a likelihood that
the accused may commit an act of domestic violence, it may issue order on the basis of
the affidavit in such form, as may be prescribed, of the aggrieved person under sections 8,
9 and 10 against the accused.
12. Duration and alteration of protection and residence orders.- (1) The protection
order made under section 8 shall remain in force until the aggrieved person applies for
discharge of such order.
(2) If the court on receipt of an application from the aggrieved person or the accused , is
satisfied that there is a change in the circumstance requiring alteration, modification or
revocation of any order made under this Act, it may, for reasons to be recorded in writing
pass such order, as it may deem appropriate.
(3) The residence order shall remain in force until such time it is altered.
(4) Nothing contained in sub-section (1) or sub-section (2) shall prevent an aggrieved
person from applying for an order under sections 8, 9 and 10 notwithstanding that an
order under these sections has been previously refused, if sufficient cause is made out for
the grant of such an order.
(5) Nothing contained in sub-sections (1) and (2) shall prevent an aggrieved person from
making a fresh application after the previous order has been discharged.
13. Penalty for Breach of protection order by the accused.- (1) A breach of protection
order, or of the interim protection order, by the accused shall be an offence and shall be
punished with imprisonment which may extend to one year but shall not be less than six
months and with fine which may not be less than one hundred thousand rupees. The court
shall order that the amount of fine shall be given to the aggrieved person.
(2) A person who is guilty of violation of protection order second or third time or more,
he shall be punished with imprisonment which may extend to two years but shall not be
less than one year and also be liable to fine which may not be less than two hundred
thousand rupees.
The court shall order that the amount of fine shall be given to the aggrieved person.
(3) Notwithstanding anything contained in the Code the offence under this section shall
be cognizable, non-bail able and compoundable.
(4) Any person convicted by a court under sub-section (1) or sub-section (2) may file an
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appeals to the Court of Session within thirty days of the passing of the order of sentence
and the court of sessions shall decide the appeal within sixty days.
14. Protection Committee.- (1) The Provincial Government shall, by notification in the
official Gazette constitute a Protection Committee in every Tehsil for the purposes of this
Act. (2) A Protection Committee shall comprise of one Police Officer male or female of
the rank of Sub-divisional Police Officer, a female SHO and two women councilors from
the Tehsil Council concerned and the Protection Officer who shall also act as the
Secretary of the Protection Committee.
15. Duties and functions of Protection Committee.- The Protection Committee may;
(a) Inform the aggrieved person of her or his rights provided under this Act or any other
law for the time being in force and the remedies and the help that may be provided;
(b) Assist the aggrieved person in obtaining any medical treatment necessitated due to the
domestic violence;
(c) If necessary, and with the consent of the aggrieved person, assist the aggrieved person
in relocating to a safer place acceptable to the aggrieved person, which may include the
house of any relative or family friend or other safe place, if any, established by a service
provider;
(d) Assist the aggrieved person in the preparation of and filing of any application or
report under this Act, the Code or any other law for the time being in force;
(e) File an application for a protection order, if so desired by the aggrieved person;
(f) Coordinate with Family Conciliatory Committee in performing its duties; and
(g) Keep official record of the incidents of domestic violence in its area of jurisdiction,
whether on the basis of information received or suo moto inquiry, irrespective of whether
or not action is taken under this Act. Such record shall include:
(i) The first information received about the incident of domestic violence;
(ii) The assistance, if any, offered or provided by the Protection Committee to the
aggrieved person;
(iii) Where applicable the reason for not taking action under this Act when an incident
was brought to the notice of the Protection Committee;
(iv) Where applicable, the reason for the aggrieved persons refusal to take assistance from
the Protection Committee;
(v) The names and contact details of the service provider, if any, from whom the
aggrieved person sought help;
(vi) Maintenance of the record of applications, protection orders and the service providers
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operating in the area of jurisdiction; and
(vii) Perform any other duties that may be assigned to the Protection Committee under
this Act or the rules made there under.
16. Powers, privileges and immunities of Protection Committee.(l) Members of the Protection Committee shall be deemed to be public servants within the
meaning of section 21 of the Pakistan Penal Code (Act XLV of 1860).
(2) The Protection Committee may file an application for obtaining a protection order
under section 8, if so desired by the aggrieved person.
(3) The Protection Committee may procure the assistance of any person or authority; and
any person or authority so requested by the Protection Committee, shall be under legal
obligation to provide the desired assistance to the Protection Committee.
(4) The Members of the Protection Committee shall attend the meetings of the
Committee. The quorum for the meeting of the Committee shall be two-third of its
members.
17. Delegation of functions and powers.- The Protection Committee may delegate any
of its functions and powers to any of its member or members.
18. Protection Officer.-(1) The Provincial Government shall, by notification in the
official Gazette, appoint a gazetted officer to act as Protection Officer, in each Tehsil, for
the purposes of this Act.
(2) The Protection Officer shall possess such qualifications and experience as may be
prescribed.
(3) The terms and conditions of service of the Protection Officer shall be such as may be
prescribed.
19. Duties of Protection Officer.- It shall be the duty of the Protection Officer;
(a) To make a domestic incident report to the Protection Committee, in such form and in
such manner as may be prescribed, upon receipt of a complaint of domestic violence and
forward copies thereof to the Protection Committee within the local limits of whose
jurisdiction domestic violence is alleged to have been committed and to the service
providers in the that area;
(b) To make an application in such form and in such manner as may be prescribed to the
court, if the aggrieved person so desires, claiming relief for issuance of a protection order;
(c) To ensure that the aggrieved person is provided legal aid;
(d) To maintain a list of all service providers providing legal aid or counseling, shelter
homes and medical facilities in a local area within the jurisdiction of the court;
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(e) To make available a safe place of residence, if the aggrieved person so requires and
forward a copy of his report of having lodged the aggrieved person a shelter home to the
Protection Committee;
(f) To get the aggrieved person medically examined, if she has sustained bodily injuries
and forward a copy of the medical report to the Protection Committee having jurisdiction
in the area where the domestic violence is alleged to have been taken place;
(g) To ensure that the order for monetary relief under section 10 is complied with and
executed in accordance with the procedure prescribed; and
(h) To perform such other duties as may be prescribed.
20. Assistance of service provider. – (1) In any proceeding under this Act, the court may
secure the services of a service provider.
(2) Service provider shall have all the privileges and immunities enjoyed by the
Protection Committee.
21. Powers of service provider.- A service provider shall have the power to∙−
(a) Record the domestic incident in a prescribed form if the aggrieved person so desires,
and forward a copy thereof to the Protection Officer having jurisdiction in the area where
the domestic violence took place;
(b) Get the aggrieved person medically examined and forward a copy of the medical
report to the Protection Officer within the local limits of which the domestic violence
took place;
(c) Ensure that the aggrieved person is provided shelter in a safe place of residence, if
she so requires and forward a report of the lodging of the aggrieved person in a safe
place of residence to the Protection Committee within the local limits of the place where
the domestic violence took place; and
(d) Provide the aggrieved person with any aid or assistance he may so require.12
22. Procedure.- Save as otherwise provided in this Act, all proceedings specially under
sections 8,9 and 10 and an offence under section 16 shall be governed by the Code.
23. Protection of actions taken in good faith.- No suit, prosecution or other legal
proceedings shall lie against any Protection Committee, Protection Officer or service
provider for anything which is in good faith done or purported to be done under this Act.
24. Act not in derogation of any other law.- The provisions of this Act shall be in
addition to, and not in derogation of, any other law for the time being in force.
25. Penalty for filing a false complaint.- Whoever gives an application to the court
containing information about the commission of domestic violence which he knows or
136
has reason to believe to be false, shall be punished with simple imprisonment for a term
which may extend to six months or with fine which may extend to fifty thousand rupees
or with both.
26. Revision.- Chapter XXXII of the Code shall apply to an order passed under sections
8, 9 and 10.
27. Power to make rules.- (1) The Federal Government may by notification in the
Official Gazette make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing provisions, such
rules may provide for all or any of the following matters, namely;
(a) The form in which an application by the aggrieved person under sub-section (1) of
section 5 seeking relief under this Act, may be made and the particulars which such
application shall contain under sub-section (2) of that section; and
(b) The form in which an affidavit may be filed by the aggrieved person under subsection (2) of section 11.
(3) Notwithstanding anything contained in sub-sections (1) and (2), the Provincial
Government may make rules for the appointment and functioning of the Protection
Committees and Protection Officers.
(4) The rules made under this Act shall be laid, as soon as may be after they are made,
before the Parliament.
28. Removal of difficulties.- If any difficulty arises in giving effect to any provision of
this Act, the Federal Government may make an order not inconsistent with the provisions
of this Act to remove the difficulty.13
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Chapter No. 7
RECOMMENDATIONS
In order to implement laws regarding Women rights and to protect them against
violation the following recommendations are given for the betterment of women’s.
1. The government of Pakistan must take a holistic approach to enhancing the status of
women and draw up comprehensive policies for combatting violence against, women.
Selective and piecemeal measures will not advance the rights of women nor, will this be
effective in ending gender-based violence.
3. Laws alone are not sufficient to undo centuries of political, social and economic
disempowerment of women. The government and policy-makers must not only pledge
themselves to support the rights of women bit t also follow this up with concrete
measures': including the following:
a) Ensure that the representation of women is enhanced at all levels-In addition a
more creative methodology of representation needs to be introduced, -so that not only the
quantity but the representative nature of women parliamentarians and local
representatives
improves.
In
this
regard
policymakers
could
consider
the
recommendations given in the Women's Commission reports.
b) Civil society should form partnerships and closely engage women councillors in
their activities. This will build their capacity and the confidence required to make a
meaningful contribution to local communities.
c) The government should ensure women councillors are allocated -resources and
given political support to carry out their functions.
fit A strict ban must be placed on employment of child workers in the domestic
workplace. A media campaign should build public opinion supporting the law
e) Legal aid services should be extended to domestic workers so that they can defend
themselves against abuse and sue for compensation as well,
f) The government must, issue a notification for regulating sale of acid. All purchasers
of such corrosive substances should be authorized and registered with retailers.
g) The Ordinance of 2001, inserting section 174-A to the Criminal Procedure Code,
1898 should be followed. Police stations, 'doctors and the general public should be made
aware of it. This says that the dying statement of a burn victim recorded by a medical
officer will be accepted in court as a dying declaration; p medical officer or a police off
138
cer on duty is to immediately "report a serious burn case to the nearest magistrate who
may record the victim's statement if there 'is enough time.
h) The government should collect gender specific data on:
i.
Death penalty for women
ii.
Murder of women
iii.
Rape and gang-rape including ages of the victims.
iv.
FIRs on acid burns or stove burning of women.
v.
Honour killings
vi.
Domestic violence
The NGOs should follow up cases as far as possible.
4. The law enforcement agencies should be trained by human rights activists and lawyers
so that they are more responsive to the special needs of women. The training must include
interaction with victims and sensitization to the various forms of violence and sexual
harassment which are punishable by law
5. Shelters are not a solution but preventive measures or short term remedies for the
protection of women. The objective of shelters should be to protect and promote the
human rights of women and not become an instrument to make them invisible and,
inaccessible. As such all shelters run by governments, religious bodies, NGOs or private
entities must make their guidelines public. Under no circumstances should shelters
impose bans on the movement for association of their female guests/visitors. The
superior, courts should be urged to respect the fundamental rights of women.
6. Security is a serious concern for women and girls. The government has to
make a comprehensive policy to ensure that female citizens are protected from militant
forces, extremism, violence in the home and brutal traditional practices. A policy in that
direction can only be effectively implemented in apolitical system that respects
democratic norms and promotes the rule of law
7. As a first step, all discriminatory laws against women' must be reformed so
that women have equal rights in all spheres -criminal law, family matters, citizenship and
laws of evidence.
8. HRCP and other human rights NGOs must carry out deeper research on
The constraints on working women owing to gender discrimination.
9. A prosecutor general should be appointed in each province to follow up cases of
victimised females.
10. A working group of criminal lawyers and forensic experts should identify
139
The gaps in criminal investigation procedures and tools that take into consideration all
gender perspectives; the Gender Crime Cell at the National Police Bureau should be made
functional and more effective.
11. Government-run shelters should be converted into a public private
Partnership and draw upon members of civil society to serve on their boards and
committees.
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Chapter No. 8
CONCLUSION
The first part of the study deals with the universal concept of human rights and
general equality of all human beings regardless of divisions of race languages religions,
color and social status. And in the second part of this study deals with the, specific
equality of genders under Shari'ah law. Above, I have demonstrated only the roots of this
claim in the secular modern and traditional Islamic legal notions. In fact, there is an
increasing volume of literature unearthing the roots of human rights within diverse
cultures of the world. They are all well justified in their efforts while there is no
justification for the ideological claims to monopolize human rights. Protecting basic,
human rights must be the objective of all legal systems. The legitimacy of the political
authority and the law should be judged by their conformation with basic human rights.
Individuals should not defer their moral capacity to their superiors and therefore always
judge laws and rulers from the perspective of human rights.
These are some of the principles one may also derive from classical Islamic law.
Tile), are ancient yet still speak to us. The concept of equality of all human beings is not
of so recent origin in jurisprudence as described by various authors and jurists of west.
From a comparative study of the legal history and jurisprudence we find that the concept
of equality of human beings was for the first time given and firmly practiced by the Holy
Prophet. Therefore, it can be traced as far back as 1400 years, i.e. much before the Magna
Carta, 14th amendment of American Constitution, Universal Declaration of Human Rights
and the theories of the scholars of seventeen to twenty centuries. The last Sermon of the
Holy Prophet is a landmark in the history of mankind, which recognizes the inalienable
rights of man human conferred by Islam, which are now known as fundamental rights. In
this comprehensive charter of human rights the Holy Prophet states,' 0 ye people, Allah
says: O’ people we created you from one male and one female and made you into tribes
and nations, so as to be know to one another. Verily in the sight of Allah, the most
honoured amongst you does the one who is most God fear. There is no superiority for an
Arab over a non Arab and for a non Arab over an Arab, or for the while over the black or.
for the black over the while except in God consciousness." Nevertheless, the universal
view, represented by a branch of the classical Islamic law, is curiously neglected in
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Modern Islamic discourse on human rights. It may be said in conclusion that the
commitment of the Shari'ah to the dignity of human is as strong and pervasive as to
warrant the identification of human dignity as one of the higher goals and objectives of
the Shari'ah. This means that the dignity of man is identified as a strategic value of overall
significance, and therefore all measures that are devised to protect and promote human
dignity are a priori upheld and sanctified by the Shari'ah. An explicit commitment of this
kind in the applied constitutions of present day Muslim countries is highly recommended,
if only to show a visible commitment to the clear mandates of the Qur'an. It is arguable,
therefore, that the constitutions of Muslim countries should take human dignity as 'a
postulate and framework that is then taken to its logical conclusion in the detailed
formulations of the basic rights and liberties that are upheld and guaranteed therein.
Islamic perception of human dignity is predicated on the unity in origin of mankind, and
its basic equality in regard to the essence of humanity, rights and obligations. Islam's
outlook on moral valuess and the basic ethical norms that constitute the foundation of
affirm, active social and human relations is also essentially monolithic. Human dignity,
human rights and human obligations gain strength and substance when they are accepted
and supported by mankind as a whole. For these are shared values and aspirations and
must therefore be founded can commitment to a shared agenda and framework.
Unfortunately, with the break in the chain of memory, the modern Islamic legal
discourse has lost the universal dimension that characterized the' discourse of some jurists
in the classical era. Even though the traditional-Islamic and modern-Western approaches
to universal human rights cannot be expected to completely meet due to historical and
religious reasons, the segments of Muslim society who have welcomed the rise of
universal human rights in the Nest, culminating in the UN declaration, have been those
who have already found in their cultural traditions some of the abstract constructions on
which the Declaration was based, the most important one being the abstract concept of a
universal human. This concept exists in one strand of Islamic law and needs to be
unearthed to provide a solid philosophical foundation for universal human rights in Islam,
which this research aimed to provide.
Deriving from this theoretical ground, we can extend this venue until a fullfledged theory of universal human rights is developed and expressed in modern language
to meet the present needs of all Muslim societies in their internal relations with other
Muslims and external relations with other humans which is the pressing need in the
present globalize world. Yet the chain of memory has been broken in the Islamic
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civilization. Presently, some Muslim states and intellectuals try to start over in producing
and justifying rights. But the need is we should to indiscriminately combine the ideas and
notions from different cultures, past and present, from East and from Nest, on the
meaning, prerequisites and implications of human existence in society. There is a room in
this perspective for the universality and relativity. Universality cannot be monopolized or
patronized by a particular ideology. Nor can it be precluded because of the social and
cultural diversity on the globe. Globalization helps us increasingly discover the
commonality of human experience from different cultures, times and places. Yet we need
to make an effort to discover the links, and to fill the gaps, among them to demonstrate
how they bear upon each other. Such an integrative view makes human rights paradigm
multi-potential. What Muslims would like most of all is to be allowed the freedom to
confront their own problems and find their own solutions. During all those centuries when
the west was experimenting with all kinds of ideas and institutions, from the French
Revolutions to Napoleon, from the Bolshevik Revolution to Fascism and Nazism, from
laissez-faire capitalism to socialism and back, the dynamic came from within western
civilization itself and the west had the freedom to develop as it did, for better or worse,
withput outward constraint. There was no external force, no powerful civilization
breathing down its neck and preventing it from acting freely from within itself to create
new institutions and nouns, as it deemed necessary. The Islamic world does not have such
a privilege.
The very western civilization that talks of freedom has placed numerous
constraints on the Islamic world in the name of protecting its own interest's constraints
that are greater obstacles to freedom of action than any that could come from within
Islamic society itself. In any case, the Islamic world certainly seeks its freedom, but
wishes to do so according to its own understanding of the nature of the human state, its
ultimate goal of freedom in God, and in light of that reality freedom in human order.
Muslims are no less intelligent than other communities, and if given the freedom, they
could discern for themselves between venom and the elixir of life offered to them in their
societies. What the Islamic world would like most from the more powerful west which
keeps preaching freedom is to be given this freedom by the west itself, so that the Islamic
world can respond to the challenges of the present day world on the basis of its own inner
dynamic. But most in the Islamic world realize that this wish is not going be realized and
that the west's geopolitical and economic interests in the Islamic world take precedence
over the question of real freedom. And so Muslims must find a way themselves to
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struggle for freedom, rule of law, and human rights all Islamic ally understood, while
under unprecedented external and internal constraint and without sacrificing the
possibility of that spiritual freedom that is the ultimate goal of human life on earth.
Beyond the din of political and military confrontations going on today, Muslim thinkers
must address themselves to the questions of human responsibilities and human rights
joined hands with both western and other thinkers engaged in such matters globally,
bringing to the table without apology the Islamic contribution to these vital subjects and
especially the emphasis upon the "Theo centric worldview and sawed conception of
creation, which are not only Islamic but are shared in one form or another by all the
historical religions.
The participation a global scale by Muslims in the creation of awareness of human
responsibilities to complement and precede human rights is itself a responsibility of
primary order placed by God upon the shoulders of those Muslims endowed with
sufficient knowledge combined with virtue to carry out such a task. Within the Islamic
world itself, Muslim thinkers must address themselves to the ever greater understanding
of human rights on the basis of the Islamic conception of the nature of the human being.
All the elements of human rights as delineated in the Islamic sources, from the Qur'an and
Hadith to poetry, aphorisms of sages and' works of moral philosophers and Sufis. But
they need to be reformulated in a contemporary context in such a way as to be able to
resppnd to modern western challenges and also the current situation within various
Islamic societies. Why must there be respect for human life and in fact all of life? If all
Muslims are equal before the law, why is this not actually the case in so many :Muslim
societies, and what about non-Muslims? What is the foundation of. the freedom of
religion and worship? To what extent is personal life sacrosanct and what is the limit of
state intrusion upon personal life? Such question -must be answered in a clear and
convincing manner for the present generation of Muslims, not by quoting Jean- Jacques
Rousseau and John Locke as an earlier generation of Muslim modernists did with blatant
lack of success, but by drawing from the most authentic sources of the Islamic tradition.
The Islamic understanding of human rights will not necessarily be identical with
the most current western interpretations of it, but that is not a negative matter at all. What
is important is that the Islamic response be authentic and deeply rooted in the Islamic
tradition. What is important for Islam is to accept the challenge of the reality of the issues
involved and then provide Islamic responses, which may in fact be also of interest to
certain western thinkers grappling with the pertinence of these issues on a global scale. A
144
particularly difficult task, which is also a new one requiring intellectual effort (ijtihad) on
the highest level by Muslims, is determining the rights of those who do not believe in
God and therefore in any responsibilities that people of faith believe they have toward
God.
The classical works on ethics and. rights whether written from a juridical,
philosophical, or theological point of view, envisaged a universe in which there was a
multiplicity of religions. Whatever understanding of human rights from the Islamic
perspective comes to dominate the center of consciousness of the Islamic community in
the future, it must take account not only of followers of other religions, a matter that is
relatively easy in light of the Qur'anic doctrine of the universality of revelation, but also
of those who do not believe in any transcendent or immanent principle beyond the
human. And that is more difficult to achieve in light of the Islamic conception of the
human state. Yet is a task to which the 'ulama' or religious scholars, who wield influence
over the people and who are the guardians of the Shari'ah, as well as other Islamic
thinkers must address themselves. Nor can human rights, which must of necessity be
based on the concept of who the human being is, be considered global and universal
because of such crass differences about what constitutes the human state. Islamic thinkers
must come forward to point out that, yes there are human values that are global, such as
respect for human life or opposition to torture, but other Human Rights are dependent
upon the worldview of various civilizations that together compose humanity. Are the
rights of human beings more important than the rights of God? Can we have human rights
without human responsibilities? Are political rights superior to economic rights? Do the
rights of the individual have priority over those of the community? If human rights are
not to be a form of cultural and political coercion in the name of the live of humanity, the
answer of various religions, cultures, and civilizations to such questions must be
respected whatever the current strength in this world of these religions or culture might
be. One of the roles of Muslims as members of a major world civilization is to answer
such questions in all honesty from the Islamic point of view. It is also to insist upon
mutual respect between civilizations and the values they bear instead of accepting one sided imposition. It is, moreover, to seek actively to cooperate with not only westerners,
but also with members of other cultures and civilizations to point to those values that we
do all hold dear and that must be respected by everyone of we are going to live and
function as human beings on a globe on which there seems now to be no other choice but
to live in mutual respect with compassion and love for others or to perish together.
145
The Islamic system must be understood in terms of the premises of the Islamic
conception of society, whose goal is to provide a just system and a beneficial
environment for the spiritual and religious growth of human beings. The Islamic world is
in the process of observing and studying the recent changes in the west in these matters
and will not follow the same course as has the west, if the results of current social and
legal experiments in Europe and America do not succeed in noticeably diminishing the
crime for which various societies, including the Islamic, had set punishments over the
ages. Anything less than mutual respect in understanding the other side makes a sham of
the question of human rights. And when the issue of human rights used as a tool for
policy by western powers, it tends to nullify the efforts of those in the west who with
sincerity and good intention, are seeking to help others all over the globe to preserve the
dignity of human life, a belief that not only Muslims, Christians, and those from other
religions, but many secularists share.
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Chapter No. 9
LEADING CASES
1. Afsar Khan v. State, 1992 Cr LJ 1676 (Kant)
2. Afzal Hussain v. State, AIR 1962 Raj 216 :1962 (2) Cr LJ 496. Ahmad Ali v.
Emperor, AIR 1915 Nag 28 :16 Cr
3. LJ 705 Ahmad Qasirn v. Khatoon, ILR 59 Cal 833 : AIR 1933 Cal 27 Ahmad
Sheikh v. State, 1975 Cr LJ 81
4. Ahmad Umar Saeed Sheikh v. State of U.P, (1996) 11 SCC 61 Ahmedabad St. v.
Xaviers College Society v. State of Guiarat. 1975 (1)
5. Akhilesh Singh v. State of U.P, 1988 Cr LJ 620 (All) Akhtar Ali v. State of U.I'.,
1996 Cri LJ 459 (All)
6. Akshaya Kumar v. State of Orissa, 1998 Cri LJ 1757 (Ori) Alarakha v. State of
Maharashtra, 1986 Cr LJ 179 (R) Alay Mohd. v. Emperor, AIR 1922 All 457 :64
IC 278
7. Aldo Maria Patroni v E.C. Kesavan, 1964 Ker LT 791 : AIR 1965 Ker 75
Alimuddin Khan v. Nasiran Bibi, 1998 Cri LJ 1811 (Ori)
8. Ayyasami v. Inspector General of Prison, 1993 Mad LW (Cri) 481 Azam Ali v.
Emperor; AIR 1929 All 710
9. Azeem Ali v. Emperor, AIR 1918 Cal 3 : 20 Cr LJ 47
10. B. Sardari Lal v. Superintendent of Jail, 1968 Cr LJ 675
11. B. Subbaiah v. State of Karnataka, 1992 Cr LJ 3740 (Ker) B. Venkataramana v.
State of Madras, AIR 1951 SC 229 B.A. Sawant v. State, 1969 Cr LJ 1344 : AIR
1969 Bom 353
12. Babu v. State of Karnataka, 1998 Cr LJ 16 (Kant)
13. Babu Lal v. Emperor, AIR 1938 PC 130 :39 Cr LJ 452
14. Babu Lal v. State of Rajasthan, 1982 Cr LJ 1001
147
15. Babu Mulla v. State of M.P., 1978 MPLJ 636
16. Babu Nandan v. State, 1972 Cr LJ 423 :1971 BLJR 1058 (FB) Babu Rao v. State,
1977 Cr LJ 1980
17. Babu Singh v. State of U.P., AIR 1978 SC 527 :1978 Cri LJ 651 959, 959,1002
18. C.P. Muti Sonoharsh Samiti v. State, AIR 1990 SC 2060
19. C.P. Nagia v. Om Prakash Agarwal, 1994 Cr LJ 2160 (Bom) C.P. Ramdayal v.
Sheodayal, 1939 Nag LJ 228 (FB)
20. C.S. Subramanian, (Dr.) v. Kumarasamv, (1994) 2 CTi 294 (Mad HO Chadayam
Makki v. State, 1980 Cr LJ 1195
21. Chaitanya Kalbagh v. State of U.P, AIR 1989 SC 1452 :1989 (2).SCJ 304
22. Chaitu Sahni B. Aur v. State of Bihar, 1995 (1) Crimes 381 (Pat). Chakkappan v.
State, AIR 1960 Ker 297
23. Chakradhar Paswan, (Dr.) v. State of Bihar, 1988 Mah LJ 565 Chalk v. USDS CD
of Cal., (9th Circuit 1988) 840 2 F 2d 701 Challappan v. State of Kerala, 1995 Cr
LJ 150 (Ker, Chaman Ali v. State, 1993 Cr LJ 1257 (Del)
24. Chaman Singh v. German Remedies Ltd., (1992) 1 CPR 603 (Raj) Chambers v.
Florida, 1940 (309) US 227
25. D.B.M. Patnaik v. State of A.P., AIR 1974 SC 2092 : 1975 Cri LJ 566 D.C.
Chhowala v. Gujarat Papers Mills, 1969 Cr LJ 322 D.C. Wadhwa's case, AIR
1987 SC 579
26. D.D. Joshi v. Union of India, AIR 1983 SC 420
27. D.D. Patel v. State of Gujarat, 1980 Cr LJ 2~
28. D.F.O. v. Biswanath Tea Company, AIR 1981 SC 337
29. Dakshayini v. Madhavan, AIR 1982 Ker 126 :1982 (1) Civil LJ 15 (Ker)
30. Daichand v. Municipal Corporation, Bhopal, AIR 1983 SC 303 Dalip Singh v.
State of Rajasthan, 1989 Cr LJ 600 (Raj) Daljit Singh v. K.P. Hati, AIR 1969 Del
263 : 1969 Cr LJ 1127 Damji Karam Chand v. State of Kutch, AIR 1953 Kutch 17
31. Damodar Rao v. S.O. Municipal Corporation, AIR. 1987 SC 171
148
32. Darshan Singh v. Union of India, (1995) 2 Rec. Cri R 305
33. Darsu v. Emperor, AIR 1934 All 845 : 36 Cr LJ 177 : 57 All 264 Das Bernard v.
State, 1974 Cri LJ 1098 (Goa, Daman & Diu'
34. Dasan v. State of Kerala, 1987 Cr LJ 180 : 1986 Ker LT 598
35. Dastane v. Dastone, AIR 1975 SC 1534
806
36. Data Xiva Naique Desai v. State, AIR 1967 Goa 4 :1967 Cri LJ 52 203
37. Daubert v. Merrel Dow Pharmaceuticals Ins., 1993 (113) S Ct., 2786
532
38. Emperor v. Bashir Bunde Khan, AIR 1947 Bom 66 :48 Cr LJ 436 Emperor v.
Hajiz, AIR 1937 Sind 25
39. Emperor v. Hasmat, AIR 1935 Bom 188
40. Emperor v. Ismail, AIR 1930 Bom 49
41. Emperor v. Jiwan Lal Gauda, AIR 1936 Lah 730 : 37 Cr LJ 937 Emperor v. John
M.C. Iver, AIR 1936 Mad 353 :1936 MWN 281 : 70
42. Emperor v. Sant Prakash, 1976 Cr LJ 274 :1975 All WR 444 (FB). Emperor v.
Sukhdeo, AIR 1929 Lah 705
43. Emperor v. Valli Mohd. Shekh, AIR 1948 Bom 72 :49 Bom LR 618;
44. F.E. Upadhyay v. State of Andhra Pradesh, 1996 (3) SCC 422 Faquira v.
Emperor, AIR 1929 All 901 : 31 Cr LJ 13
45. Fazludin v. Khader Wali, AIR 1980 SC 1730 :1980 Cri LJ 1249 Federal Trade
Commission v. American Tobacco Co., 264 US 298
46. Gian Singh v. state, 1981 Cr l.,J 100.
47. Girdhari v. Emperor, AIR 1930 Nag 255 : 31 Cr LJ 705. Girishbhai Babubhai
Raia's, case, 1986 Guj LH 778
48. Gita Kumari v. Sheo Charan, 1975 Cri LJ 137
49. Gokul Bahari Naik v. Pantish Kumar Naik, 1995 Cri LJ 861 (Ori) Gokul Das v.
State of Assam, 1981 Cr LJ 229
50. Gokul Singh v. State of M.P., (1999) 1 MPLJ 74
149
51. Gokuldas v. State of Assam, 1981 Cr LJ 229.
52. Golaknath v. State of Punjab, AIR 1967 SC 1643
53. Harnam Singh v. State of Punjab, 1977 Cr LJ 728
54. Haroon Raishad v. Raqeeba Khatoon, 1997 (1) Pat LJR 278 Harper v. G.N. Naden
& Sons Limited, 1933 (1) Ch 298
55. Harpinder Singh v. State, 1983 Cr LJ 53
56. Harprasad v. State of Punjab, 1988 Cr LJ 532 (P&H)
57. Harsh Sawhney, (Miss) v. Union of Territory (Chandigarh), 1978 Cri
58. Hate Singh v. State of M.P, AIR 1953 SC 648 :1953 Cr LJ 1933 Haveli Ram v.
Delhi Municipality, AIR 1966 Punj 82 :1966 Cr LJ 162 Hay v. Lord Provost of
Perth, (1863) 4 Macq (SC) 535 (HL).
59. Heera Bai v. Thakuri, AIR 1998 MP 273 : (1988) 2 MPLJ 225 :11998)
60. Jitendranath Gupta v. Emperor, AIR 1937 Cal 99: 38 Cri LJ 818 (SB),1279,1280
61. Jiwan Nath v. Staf of Maharashtra, AIR 1991 Bom 196
62. Joaquim Mann v. State, 1977, Cr LJ 1876
63. Jodhpur Wollen Mills Ltd. V. State of Rajasthan, 1995 Cr LJ 769 (Raj)
64. Jogendra Kumar’s case, AIR 1994 SC 1349
65. K.I. Shephard v. Union of India, AIR 1988 SC 686
66. K.K Sood v. Usha Rani Sood, 1997 (1) DMC 595 (P&H)
67. Kailash Nath v. Emperor, AIR 1947 All 436
68. Kailash Nath v. State 1985 AWC 493: AIR 1985 All 291
69. Kailash Rani v. Kanti Lal, 1997 (1) DMC 613
70. Krishna Parsad v. Parasnath, 1978 Cr LJ 1424: 1978 ACC 201
150
Chapter No.10
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152