Day: July 8, 2011

Karachi: Over 8,000 incidents of violence against women were reported last year, says a report released by a non-governmental organization working for women rights.

The Aurat Foundation released its annual report on violence against women in Pakistan 2010 on Tuesday at a local hotel.

The report reveals that around 2,236 women were abducted, 1,436 were murdered, 928 were raped or gang-raped, 633 committed suicide, 557 were killed in incidents of honor killing, 32 women became victims to acid throwing, 38 were burnt and 486 were subjected to domestic violence. Also, 1,580 miscellaneous cases of violence against women were reported in the country.

The report stated that the highest number of cases took place in Punjab with 5,492 incidents, followed by 1,652 cases in Sindh, 650 in Khyber Pakhtunkhwa, 79 in Balochistan and 127 in Islamabad.

Sindh stood ahead of other provinces with regards to the number of honor killing incidents as 266 such cases were reported in the province. Meanwhile, around 309 cases of murder, 246 cases of kidnapping and abduction, 136 cases of domestic violence, 140 cases of suicide, 157 cases of rape or gang rape, 34 cases of sexual assault, three cases of acid throwing and 361 cases of miscellaneous were reported in Sindh.

Although 2010’s figures show a six per cent decrease compared to 2009, they still display a 13 per cent increase compared to 2008. The report suggests that the decrease in cases of violence against women in 2010 compared to the previous year was due to last July’s devastating floods which not only displaced millions of people but also led to a reduction in crime.

It is important that one remains cognizant of the fact that these estimates regardless of what year do not account for the thousands of cases that are not reported.

Furthermore, from the cases that were reported for 2010 a First Information Report (FIR) was filed for 3,650 of them while 1,118 were not registered and there were 430 incidents with no information available.

During the event the presenter of the report, Shireen Aijaz of the Aurat Foundation, said that strict laws should be passed to protect women while the police and judiciary should be more sensitive towards women’s issues. She also called for an increase in political representation. Religious as well as political leaders should play an active role in protecting and empowering women, she asserted.

Resident Director Aurat Foundation Mahaz Rahman cited the horrific episode of a woman being stoned to death in Mardan and another being paraded in Haripur and lamented that Pakistani society was regressing back to the ‘stone age’. “What is happening to our society? We should treat women like human beings,” she said.

Provincial Minister for Women Development Tauqeer Fatima Bhutto regretfully admitted that the government’s plan to bring about a change in society’s mindset regarding women had yet to be achieved.

She mentioned the steps that the state had taken towards women empowerment and development, and added that five complaints centers were working with women in Sindh and issues they face on a daily basis.

Bhutto highlighted the need for dedicated police stations where women could feel safe reporting their issue and rest assured that action would be taken.

She relayed the complaints of women in Mirpurkhas who felt that they had nowhere to go to report cases of violence or wrong doings against them, adding that it was unfortunate that even female police officials felt that they were powerless.

Pakistan People’s Party’ (PPP) Secretary of Information for Sindh Sharmila farooqi shed light on the important issue that thousands of cases were not even being reported due to taboos associated with various forms of domestic violence, especially rape.

Women need to break the silence when it comes to violence and discrimination, she asserted. “Because of this silence, the cases of violence against women are increasing.” Farooqi also emphasised on the need for equal representation for women in the assemblies.

Member of the Sindh Assembly, Humaira Alwani, demanded that inhuman ‘honour’ killings be addressed and she asked that a bill protecting women and children from domestic violence she had tabled in the provincial assembly be passed.

“A recent survey showed that 80 percent of Pakistani women were victims of domestic violence. Since 2008, my bill has been pending in the Sindh assembly which should now be passed,” she said.

With respect to ‘Karo Kari’, she said that it was imperative that a bill be drafted addressing the issue, which declared the heinous act as ‘murder’. She added that the state should take responsibility and lodge an FIR in these cases, as an honour killing would most likely remain unreported since the main perpetrator usually belonged to the victim’s own family.

Member of the National Assembly, Khusbakht Shujaat, said that although laws protecting women exist the main problem lay in their implementation. “We should bring about change ourselves.”

Source: The News

Date:7/8/2011

Samina Ijaz

The Federal Shariat Court has struck down the clauses 11, 25 and 28 from the Women’s Protection Act 2006 and has ordered to restore the original wording of the Hudood Ordinances. The reversal of these provisions of the Hudood laws might open wide the doors of women’s persecution.

It is hard for any woman violence victim or Razia Bibi, a prey of incest in Golra, to find justice in the true sense. Precedents are obvious, just like Mukhtaran Mai or many other victims who have not been dealt fairly by the system. In this recent case, the police has registered the FIR only on the charges of attempted murder but not on the accusation of sexual assault committed by her father. The unfortunate victim is insisting that she has been raped, but her plea is unheard by the cruel system which is blind and deaf to the rights of victims.

It is assumed that the legal system in any country should be consistent with the constitution and must protect all citizens without discrimination of sex, race, age, class, etc. The constitution of Pakistan guarantees the same in Article 25 and vows to specially protect women. Regrettably, the judicial system of the country, a product of the colonial period, blended with dictatorial structures and entrenched in bigoted culture cannot protect women from violence. Instead, it supplements the plight of women who intend to seek justice through procedural gaps that exist in the system and non-implementation of laws in general.

The legal system of the country witnesses only 11 percent conviction rate, which warrants changes in the ancient Code of Criminal Procedure 1898, Pakistan Penal Code 1860, and Law of Evidence 1984, which largely regulate the domain of police, courts and prosecution services. The system undertakes a long period for litigation and places a major burden on victims to prove the incidence of violence committed against them. It is based on the principle that an accused is deemed to be innocent until proved guilty. In the absence of scientific evidence collection methods and low capacity building of human resources, the police and prosecution officers just rely on the confession of the accused, which is rare due to corruption, political interference and dearth of a spirit of accountability in the system. It is a matter of record that a number of cases of violence against women, which came into the limelight, suffered either before trial or during the prosecution and could not see the conviction of the guilty. Gaps in the FIR, outdated methods of investigation and evidence collection, lack of professionalism in police and prosecution services and gender bias altogether hamper the process of a fair trail and provide justifications for the acquittal of culprits.

Like the regulatory framework, some discriminatory laws have also undermined women’s position in society and their access to the justice system. Discriminatory sections 17(2) and 151(4) in the Law of Evidence victimise women before and during the trial phase and contradict their right of equality in society. Controversial sections 309 and 310 in the Pakistan Penal Code make all the crimes compoundable against human body in the form of qisas (retribution) and diyat (blood money). It has become a trend in rural areas that in order to make money and to secure the benefits of such laws, the male family members often batter and murder their women in the name of honour. These grounds are accepted in the law as valid and promote a culture of immunity for regressive forces and impunity for the criminals. This hampers access to justice and strengthens the patriarchal cultural values against women.

Recently, the Federal Shariat Court has struck down the clauses 11, 25 and 28 from the Women’s Protection Act 2006 and has ordered to restore the original wording of the Hudood Ordinances. The reversal of these provisions of the Hudood laws might open wide the doors of women’s persecution. In their original form, these laws were manipulated against rape victims or innocent women to falsely implicate them in Hudood cases. A number of women were punished unjustifiably, because, under the Hudood laws, it was impossible to prove their innocence by producing four male witnesses in the court. The government has filed an appeal in the Supreme Court to reverse the judgment. This raises questions about the parallel judicial structures, which are oppressive political tools of undemocratic forces to exercise undue influence.

Laws for protection of marriage and family life, i.e. Marriage Restraint Act 1935, Muslim Family Laws Ordinance 1961, Dowry Act 1976 and Muslim Marriage Dissolution Act 1939 are very old and need to be amended according to the challenges of today’s age. The family laws lay down difficult and lengthy procedures for women to file cases for dissolution of marriage. Further, penalties placed in laws are insufficient to forbid any person from violation of the rules. Despite all the provisions available in these laws, it is also difficult to confirm that in violation of these laws somebody is held accountable by the system. Most of the time the culpable in violent crimes are close family members, which makes it even more difficult for women to take them to court.

These defects in the system have severely affected the empowerment of women in society and restricted the process of democracy and development. Now it is the time to change the system, which does not represent the aspirations of people in the present day.

The writer is associated with Centre for Peace and Development initiatives (CPDI). She is based in Islamabad and contributing in area of gender and development.

Source: Daily Times

Date:7/8/2011