The Khyber Pakhtunkhwa Assembly on Oct 21 passed in undue haste an important bill, Khyber Pakhtunkhwa Commission on the Status of Women Bill 2016, to replace a 2010 law on the same subject. In the assembly’s session, chaired by Deputy Speaker Prof Mehr Taj Roghani, only 17 of the 124 lawmakers were reportedly present when the bill was passed, thus no proper discussion took place over it. The bill was introduced on Oct 5, 2016.

Ever since the Khyber Pakhtunkhwa (then NWFP) Establishment of a Commission on the Status of Women Act (ECSWA) 2009 was enacted by the previous provincial government, which was notified on Oct 14, 2010, the civil society groups and women’s rights activists had been demanding changes to the law so as to make it more autonomous and to bring transparency to the appointments of the commission’s chairperson and members.

It was expected that vital changes would be made in the ECSWA so as to make it more effective and to increase its say in future legislation and policy making related to women in the province. However, through the passed bill only few changes are made in the law. These changes are related to composition of the commission as well as financial powers, which the provincial government claims is aimed at giving financial autonomy to the commission.

The repealed law provided for establishment of a provincial commission consisting of not less than nine and more than 15 female members, including a chairperson.

The qualification given for the chairperson and members of the proposed commission was: “The chairperson and members shall be persons of integrity, good standing and repute having knowledge of laws related to women; and fully apprehend social, economic and legal problems faced by women.”

Under the repealed law, the chairperson and members shall be appointed by the provincial government and preference shall be given to members of the provincial assembly.

Now under the passed bill after the expiry of the tenure of the chairperson and members of the commission constituted under the repealed act, the commission shall be reconstituted as that it shall consists of 15 official and non-official members including chairperson to be appointed and notified by the government. It is added that the chairperson and at least eight non-official members shall also be female and at least one member shall be from minority community of the province.

The official members shall include two female MPAs, one each nominated by the government and leader of opposition in the assembly, and secretary to social welfare department or his representative not below BS-19.

The qualification given for the chairperson and non-official members is the same as given in the repealed act except that they should not be less than 30 years of age. It is now given that the chairperson shall have a status equal to BPS-21 officer of government.

In the repealed act it was given that the department of social welfare shall be the secretariat of the commission and the government shall nominate an additional secretary or director of the department to act as secretary of the commission.

The newly passed bill provides that the commission shall have a permanent secretariat at Peshawar and the government shall post a government officer of the rank of BS-19 to act as secretary of the commission for a term not exceeding three years.

While in the repealed act the provincial government was empowered to constitute a district committee on status of women, now the commission has been empowered to establish with the approval of the government, the district committees consisting of such number of members with female majority and to be headed by female as a chairperson as may be prescribed through regulations.

In a deviation from the outgoing law, which provides that the department shall prepare budget for the next financial year of the commission, it is now provided that the secretary of the commission shall submit for approval of the commission a statement showing the estimated receipts, the current and developmental expenditure and the sum required as grant-in-aid from federal and provincial government.

The prime functions of the commission remain the same in the passed bill. These functions include: “to examine the policy, programmes and other measures taken by the government for women development and gender equality; review all provincial laws, rules and regulations affecting the status and rights of women and suggest repeal, amendment or new legislation essential to eliminate discrimination; monitor mechanism and institutional procedures for redress of violation of women’s rights, individual grievances and facilities for social care; approve annual budget of the commission and district committees, etc.

At federal level the National Commission in Status of Women (NCSW) was set up under the NCSW Ordinance 2000 in the year 2000. Subsequently, the said ordinance was replaced with the NCSW Act 2012 in which a more elaborate and much better mechanism has now been provided for appointment of the chairperson and members of the commission.

While Khyber Pakhtunkhwa took lead from other provinces by setting up the commission in 2010, in Punjab a law, the Punjab Commission on Status of Women 2012, was passed in Feb 2012, whereas in Sindh, The Sindh Commission on Status of Women Act 2015, was passed by the provincial assembly there in April 2015.

While in India it has been made binding on the central government to consult its women’s commission on all major policy matter affecting women, no such provisions are available in the federal and provincial laws in Pakistan.

The NCSW and Punjab Commission on Status of Women has been empowered to inspect any jail, sub-jail or other places of custody where women and girls are kept, but that power has to be used in accordance with relevant laws and rules and with prior permission of the provincial government concerned. No such powers are available with the KP PCSW.

Under the Punjab law the commission’s chairperson is the principal accounting officer and the administrative and financial authority of the commission shall vest in the chairperson. Furthermore, the secretary under instruction from the commission shall prepare the annual work plan and budget of the commission.

Similarly, the Sindh law provides that the secretary of the commission on the instruction of the commission shall prepare a draft three-year strategic plan, the annual work plan and budget. It adds that the commission shall prepare and approve annual budget for a financial year in the prescribed manner.

Under the federal law, the prime minister in consultation with the leader of the opposition shall forward three names to a parliamentary commission for appointment of chairperson. In the Sindh law almost same mechanism is given as a parliamentary committee has been tasked to recommend a name for appointment as chairperson after receiving two names from the chief minister and leader of the opposition. In Punjab, the chairperson is appointed on recommendation of a search committee headed by chief secretary of the province.

In Punjab and Sindh the chairperson shall be having experience of more than 15 years on issues related to women and their rights. However, in KP no such experience is required as a person not below 30 years of age could be appointed as chairperson.

Published in Dawn October 24th, 2016

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