July 31, 2005

Does the new amendment to the Criminal Procedure Code ensure any real safety for women in Pakistan?

Amnesty International has reported a case of April 14, 1999, when a brother tied a sister to a wooden post in their home, sprinkled her with kerosene oil and set her on fire. All because she did not want to marry the man of his choice. Such incidents are common in our country and reported cases are only the tip of the iceberg.

Pakistan is not unique. All tribal societies indulge in such practices.

In Punjab, most of the burn victims die from injuries, according to data compiled by the Human Rights Commission of Pakistan. There were 1,274 burn cases in five years from 1998 to 2002 in Punjab alone. This gives an average of more than 250 per year. District-wise breakup indicates that even Islamabad was affected by this malady. In 1999, there were 21 cases in Islamabad alone compared to 22 in Attock.

One is certain that the number of unreported cases must be larger. A large number of crimes are committed in the rural areas away from the prying eyes of reporters and soon afterwards the community ignores such incidents as family affairs requiring no outside interference. Bias against women pervades all facets of life. Victims frequently come across officials and institutions, which are either hostile or indifferent.

In 2002, a new section 174A was added to the Criminal Procedure Code of Pakistan. This provides for “effective” measures in case of domestic violence against women, more particularly in burn cases. It is not unusual to read in newspapers some accidents relating to bursting of a stove resulting in the death or serious injury to women. In India, such cases are usually connected to the issue of dowry. But here such a connection does not appear to have been established. The causes may vary, but usually they relate to the freedom of choice to marry against the family’s wish. Burning a woman to death or burning a woman after killing her is simply a method of getting away with murder without leaving any trace of evidence. In this regard, society and the police are willing partners to the crime. The Human Rights Association of Pakistan and other NGOs have taken up cudgels against death by burning and succeeded in having the amendment to the Cr.P.C made. The amended provisions of section 174A are:

1. A police station is bound to register a case of hurt, murder or attempt to murder immediately on receipt of information of such an occurrence.

2. The police officer is bound to send copies of FIR to the nearest Magistrate District and Sessions Judge, and the District police officer.

3. The doctor who treats the victims is bound to record her statement, which could in case of death serve as dying declaration.

The Family Planning Association of Pakistan (FPAP) with the help of the European Union has undertaken a project called the Institutional Strengthening to Combat Domestic Violence against women, specially focusing on burn cases. The project is of one year duration and involves three types of activities, that is, preparation of manual for operationilization of section 174 A Cr.P.C, preparation of posters and calendars, and launching mass awareness campaigns.

The FPAP has already held workshops participated by about 800 stakeholders including government officials, lawyers and human rights activists. A mass awareness campaign through TV and radio has also been launched.

The question is, has it helped or would it help? The answer is, no. It is not the law, per se, that would transform cultural, tribal, feudal and archaic attitudes into a civilized conduct. Violence against women is primarily a cultural baggage, which we seem to be carrying. It was the iron will of the British that brought to an end the horrendous practice of “suttee”. Similar single-mindedness of purpose is required to eradicate this social and cultural evil. Attitudes are the most difficult thing to change. Unless they change, section 174A would not help.

The FPAP will lose steam with the cessation of financial assistance from the European Union and whatever little is being done will suddenly stop. Burning women is only a variation of other forms of violence against females. One simple reason would be that women are the most vulnerable entities primarily because of the lack of education and secondly for being financially and socially dependent for their survival on male members of the family. The evildoers are not necessarily the much-maligned in-laws, but they could be victims’ brothers, father, uncles or any other relations. Remember Saima Sarwar’s case where the mother had her daughter killed in Asma Jehangir’s office in Lahore? Saima’s mother and father are both educated. The father enjoys a very high social position and is an important member of the Sarhad Chamber of Commerce and Industry. A social reformer of high order could perhaps make a dent in their attitudes.

The NGOs, including the FPAP and the HRCP, may be rejoicing at their success in having an amendment made to the Cr.P.C. but to what effect is the question. What could possibly go wrong with the scheme of things is written in the following paragraphs:

(1) The police officer would not register an FIR not because he does not know about the amendment, but simply because he has the power to refuse and has long used this power. Even without amendment, the law made it mandatory for the police to register an FIR. He also knows that victim is powerless to reach his superiors to complain. And then which victim would trust the police and hope for help? The police are notoriously hostile to the people. People regard the police as a potential threat to their life, liberty and property. Readers would recall the case of rape by the Islamabad police and the facts were confirmed in a judicial inquiry. The police had their own inquiry conducted.

(2) Assuming that there is a decent law abiding police officer who registers the FIR, there is no guarantee that the investigation will be conducted properly and the prosecution of the case in the court of law will be of a higher order. After all, the conviction of the criminals in internationally known Mai Mukhtaran case that attracted three articles in a week in The New York Times was set aside by the High Court for want of evidence except against one of the several accused.

(3) Assuming that an FIR has been registered and proper investigation conducted and quality prosecution has been launched, what is the guarantee that the judge or the magistrate hearing the case is honest enough to handle the case?

(4) Assuming that there is an honest judge and he is about to convict the criminal, there is the law of Diyat. All crime was against the state. But this law makes the crime including murder as compoundable at the option of both parties. In the case of victim being a woman the option to compromise shifts to her “wali”. The wali may be her father, brother, uncle or husband. If any one of them is the perpetrator of the crime and he is also the wali it is not difficult to understand the outcome of the amended law.

(5) A dying declaration is no revolutionary step either. A victim could make her dying declaration to any one under the law of evidence, Sec 30, right since 1872, when the British parliament long before independence passed the act. The amendment only makes it obligatory to the doctors to record such a statement. What if the victim reaches a doctor in a condition in which she’s not able to speak or what in case the doctor has been bribed to connive with the criminal? Getting false medico-legal certificates is not uncommon. This is a corrupt society and it is impossible to expect a female victim of domestic violence to get redressal of her injury. The law requires a magistrate to record a statement of the victim. But which victim would be able to find a magistrate?

These are serious pitfalls in our system that permanently precludes any improvement in social or legal areas of activity. The root cause of the unsatisfactory state of affairs is the failure of governance. The starting point for good governance is the Constitution, which is accepted by all and sundry and reflects the democratic will of the governed. Once such a Constitution is in place, there should be the guarantee that it would be followed in letter and spirit. The greatest threat that our Constitution faces is from our own military. Every commander harbours an ambition of taking over this country to rule it in the name of efficiency. He acquires legitimacy by blaming all corruption and inefficiency on his civilian predecessors. The present NAB law is symptomatic of this state of mind. According to this law all corruption started in 1985 to coincide with partial transfer of power from General Ziaul Haq to Prime Minister Mohammad Khan Junejo. Millions of dollars involved in drug and arm smuggling to and from Afghanistan, which made ordinary generals of our army millionaires, is outside the ambit of this dreaded law.

Once the military has been cut to size and the Constitution secured from being mauled by these tin-pot dictators, it must be ensured that elections are held regularly and the government once returned should complete its tenure without any hindrance.

Please Visit our Sponsor (Ads open in separate window)