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THE passage of long-pending legislation on so-called ‘honour’ killings and rape last week has been widely welcomed and made international headlines. The laws are no doubt a step in the right direction, but as has already been stated by expert commentators, they remain flawed. In some ways, the legislation’s passage is more a political victory for the PML-N than a huge stride forward for women’s rights in Pakistan.
The ‘honour’ killing legislation has come under greater scrutiny than the anti-rape law, which offers significant improvements — including admitting DNA evidence — in the way cases are investigated and prosecuted. The issue with the Anti-Honour Killing Laws (Criminal Amendment Bill) 2015 is that it continues to distinguish between ‘honour’ killings and murder, though such distinctions must be removed to fully criminalise the former act.
Moreover, under the law ‘honour’ killings remain compoundable — open to compromise — with opportunities remaining for the victim’s family to forgive the perpetrator, and significant discretion afforded to judges with regard to sentencing.
The new pro-women laws have changed the narrative.
As lawyer Salman Akram Raja pointed out in a televised interview last week, the law makes it harder for perpetrators to boast about saving their ‘honour’ through the heinous act of murder. But now, in order to secure a life sentence, the burden falls on the prosecution to prove that a murder was an ‘honour’ killing.
This means that the intimate details of slain women’s lives will be up for excavation and scrutiny in the courts. This will enable further misogyny and moral righteousness, and can potentially lead judges to rule on the morality of the victims rather than the crimes of the perpetrators, particularly given that the legal fraternity hails from the same patriarchal society that until now largely condoned killing in the name of ‘honour’.
While the law leaves much to be desired, it is a political coup for Nawaz Sharif. Firstly, it has changed an international narrative about Pakistan. After the murders of Qandeel Baloch and Samia Shahid, Pakistan was depicted as a place where women are murdered by brothers or husbands for following their dreams and hearts, and the murderers not only boast about their actions but also enjoy impunity.
Post-legislation, Pakistan has been framed as a democratic society where a prime minister moved by a powerful documentary by an Oscar-winning filmmaker stirs parliament to pass progressive legislation. This narrative shift is well timed, particularly as the government faces opposition pressure for failing to convey a positive image of the country, particularly in the face of New Delhi’s efforts to isolate the country.
On the domestic front, the PML-N can claim credit for what has always been a strong PPP suit — championing women’s rights. The bills were tabled by Sughra Imam and Farhatullah Babar of the PPP, but the media buzz is crediting the prime minister for fulfilling a promise made earlier this year. The legislation is a nice follow-up to Punjab’s passage earlier this year of the anti-domestic violence bill, and helps set the stage for Maryam Nawaz.
Not only does the legislation indicate that new agendas being trialled by the PML-N’s aspiring successors can lead to effective political point-scoring, but also allows the PML-N to creep onto new electoral territory — the non-Punjabi urban, liberal, elite, young, female and educated, who until recently didn’t vote, and if they did, opted for the PPP or PTI.
Of course, it won’t be all smooth sailing. Jamshed Dasti reacted to the bills’ passage saying they were a “distraction” from the Kashmir issue (clearly, he doesn’t see the irony in saying that parliament should continue neglecting the rights of more than half the population because it needs to defend the rights of Kashmiris instead — if there is one issue that demands consistency, it is the defence of human rights in whatever form). Dasti also framed the legislation as influenced by “Americans and their Jewish agenda, which is against Pakistan”.
Fearing further criticism for its dalliance with liberalism, the PML-N likely hopes to celebrate this victory now, but resume its traditional kowtowing to conservative constituencies and old allies in religious political parties and extremist groups.
That’s why civil society needs to keep up the pressure on this government to turn its sop to women’s rights into a genuine agenda. Our lawmakers know that legislation can help set precedent, but it cannot change minds. Bills must be accompanied by educational and media campaigns aimed at changing the patriarchal mindset, and improved enforcement of the law.
The government’s next step should be to make gender sensitivity and gender crime-specific investigative training mandatory for law enforcers and the judiciary. Without further efforts, any gains to be made from the passage of improved legislation will be eroded when the next high-profile ‘honour’ killing takes place.
The writer is a freelance journalist.
Published in Dawn October 10th, 2016
