A majority of Pakistani women has been forced to lead constricted lives that fit obscurantist medieval ‘norms’ for far too long now, writes Hilda Saeed

In the tumultuous frenzy of Pakistan’s politics, the recent advent of a set of laws didn’t, surprisingly, make quite the expected impact, although these laws are expected to have far-reaching impact on women’s lives. Perhaps in another country such laws would not even be required, but in the Pakistani context, they are an urgent necessity.

A significant role in making these laws operational has been played by the strong and united Parliamentary Women’s Caucus, who joined hands to improve the lot of women, regardless of party affiliations; they were strongly supported by women and human rights activists.

Women all over the country are rightly enthused about this development; in fact, they’re jubilant. Civil society optimistically stresses the need for widespread, firm and consistent legal implementation, and advocates the need to achieve gradual change in the current, largely obscurantist, mindset. Such a forward-looking stance is considered essential if Pakistan is to move on to progress.

Niilofur Farrukh opines, “The passing of these Bills points to a widening political space for women; the unity of women parliamentarians shows political maturity and concern, which makes us hope for more pro-women legislation. Our energies should now be invested in pressurising provincial governments to implement pro-women laws; political parties should be brought into the discussion and made to declare their support of these laws in their party manifestoes.”

Nazish Brohi, a freelance development consultant, adds, “The laws give women a reference point through which they can lodge their complaints and seek justice. These laws have strengthened us.”

The National Commission on the Status of Women (NCSW) has expressed appreciation for the recent bills passed by both parliament and the Senate; they highlight the support provided by senior political leaders and government officials (including the president and prime minister), and most of all, by women parliamentarians, who rose above party affiliations to provide strong support to Pakistani women.

In doing so, women parliamentarians have displayed their maturity, and helped raise Pakistan’s image: currently Pakistan now averages 22.5 per cent representation of women in the parliament. Their further growth can only augur well for this country’s future.

It has taken 32 long years of unremitting struggle to bring about this change since 1979 when controversial Sharia laws were introduced by the Ziaul Haq regime.. The trauma for women has been horrific; thousands of women have been imprisoned under false charges of Zina; many minority citizens have had to leave the country, or live under threat, or have been killed under accusations of the Blasphemy Law. A pervasive culture of intolerance has even led to the murder of Salmaan Taseer, for his support of a Christian woman, Aasiya Bibi.

The spin-off of such deleterious laws was inevitable: greater injustice, greater restrictions on women’s mobility, education and freedom to make life choices, careers, and dress codes. Their behaviour was constricted, and proved to be a severe setback for women.

As shown in several studies and through statistical data, because of regressive laws, women lag behind in education, in overall development and in inputs to the skilled, educated workforce. Their contribution to the economy thus remains minimal. Yet development studies have repeatedly shown that investing in women leads to dramatic all-round changes: in personal and family health, in education and in the economy.

Conversely, Pakistan has gained notoriety for its treatment of women and for the low gender status accorded to them. It is a matter of shame that fully 50 per cent to 70 per cent of our women are subject to daily or periodic bouts of violence; not a day goes by without reports of abuse of women: worse, the undue publicity in the media, with names and photographs of victims, invades their privacy, and shames them even further. Sensitive reporting of such crimes is essential, but frequently remains the missing factor.

The promulgation of laws favourable to women is part of the answer. Earlier laws that have been passed are against human trafficking and honour killing; the first of the recently promulgated laws is the Women’s Protection Act, 2006: (WPA). It has helped eliminate false accusations against women; reports of such crimes are now referred to the Pakistan Penal Code, and greater strictures are placed on law enforcement personnel in reporting such crimes.

Other laws that have just been enacted include Protection Against Harassment of Women at the Workplace, 2010, which places the onus of responsibility on the organisation to ensure that no such harassment occurs; another is the Prevention of Anti-Women Practices Bill/Act 2011, introduced to prevent forced marriages as an outcome of illegal jirga decisions, vani, or watta satta, and also to prevent the marriages of girls/women to the Holy Quran, thus depriving them of inheritance rights.

The easy availability of acid in the open market has led to an increase in its illicit use, and destroyed many women’s lives. The Acid Control and Acid Crime Prevention Bill, 2011 aims to curb the open sale of acid, and the increasing crime of acid throwing on women; it prescribes stringent punishment for the perpetrators of the crime.

The National Commission of Women Bill just passed by Parliament provides autonomy to the NCSW. The aim is to ensure that the NCSW remains an independent body, empowered to investigate any case pertaining to women. Thus, it will be empowered, for example, to investigate crimes against women, inspect women’s prisons, and ensure policies that dispense gender justice.

An important law in the pipeline is the Bill on Offences against Domestic Violence (Criminal Law Amendment Act, 2011), against widespread and uncontrolled domestic violence. Rights activists have been in the forefront of a campaign to further strictly incriminate these ghastly practices. The Bill on Domestic Violence had been tabled earlier, but was rejected by the Islamic Ideology Council and by the political parties, JUI and JI. Activists now wait optimistically for the passing of both the Bill for autonomy of the NCSW, and the Bill to control Domestic Violence.

A majority of Pakistani women have been forced to lead constricted lives that fit obscurantist medieval ‘norms’, for far too long now. A democratic dispensation, and parliamentarians, especially the women’s caucus, have played a significant role in the enactment of pro-women laws. With joint effort, commitment and political will, and the support of civil society and politicians, success can become a possibility.