Law on anti-women customs termed ineffective

PESHAWAR: A law introduced in 2011 to check anti-women customary practices, including denial of inheritance and forced marriages, has failed to deliver the goods as the police, prosecution and society in general are mostly not aware of it, says a study done to assess the law’s implementation.

The study on ‘forced marriages and inheritance deprivation’ was launched during a special ceremony organised by Aurat Foundation here on Wednesday.

Sarah Zaman did the study in six districts, including Peshawar, Mardan and Swat in Khyber Pakhtunkhwa; Karachi and Hyderabad in Sindh, and Islamabad Capital Territory.

On the occasion, Sarah said except one in Hyderabad and three in Mardan, the police officers interviewed didn’t even know that there existed the Prevention of Anti-Women Practices (Criminal law Amendment) Act, 2011.

Study says society in general unaware of Prevention of Anti-Women Practices Act
“No trainings, orientations or briefing sessions have been held for law-enforcement agencies by any government institution regarding the law, which severely limits their ability to apply it in the relevant situations,” she said.

The researcher said no FIR was registered under the provisions of the Prevention of Anti-Women Practices (Criminal law Amendment) Act in the districts.

She said the law enacted in Dec 2011 criminalised forced marriages of girls in the name of customs like vani and swara, depriving women of their inheritance rights by marrying them forcibly or keeping them from marrying willfully in order to maintain control on family assets, and prescribed punishments for the acts.

Sarah said the law declared the marriage of girls with the holy Quran illegal.

She said the law didn’t automatically declare a nikkah (marriage) held under duress or coercion as null and void and instead, a woman would be required to file a case for divorce if she wanted to end the marriage.

The researcher said most lawyers, some of whom occupied senior positions within district prosecution services, were also unaware of the law.

She said police officers had no means, resources or inclination to investigate matters involving domestic disturbance, which might be caused by forced marriage or inheritance-related violence.

While conducting the study, Sarah said it was evident that police officers had no training on gender-based violence or basic counseling skills needed to cater to cases of gender-based violence.

She said medico-legal sections neither existed in designated public hospitals as full-fledged departments nor did they operate separately from the casualty or emergency ward.

The researcher said medico-legal sections didn’t have independent budget as part of a larger healthcare setup.

She said the women’s police stations set up in different districts had failed to serve the purpose of their establishment.

“In Peshawar, the women’s police station was situated in the Police Lines, where ordinary people could hardly go due to tight security,” she said.

Sarah made recommendations for improvement in existing laws, performance of police, prosecution and other legal services and medico-legal examination.

Special assistant to the chief minister on parliamentary affairs Arif Yousaf, who was the chief guest on the occasion, said the provincial government was working to legislate against domestic violence and child marriages.

He said there were deficiencies in certain laws and that the government would remove them.

Yousaf said the current provincial assembly was very vibrant and had passed scores of bills during the parliamentary year.

He said the provincial government had introduced several laws for good governance, including those on access to information, access to public services etc.

The special assistant to the chief minister said the police had introduced online registration of FIRs for the benefit of the people.

Aurat Foundation director (advocacy) Rabeea Hadi said her organisation had received feedback from stakeholders on the study.

“We intend to do studies on women of non-Muslim communities and children living with disabilities,” she said.

Rabeea said customary practices, including forced marriages, denial of inheritance and honour killings, were deep rooted in the society and were considered sacrosanct.

Woman MPA Nargis said it was unfortunate that the oppressive customary practices continued to be there.

She said customs like swara and vani were unjust as they allowed the marriage of minor girls to members of rival families to settle disputes.

DAWN

The creation of gender

By: Kamila Hyat

We sometimes like to think that in the upper echelons of our deeply stratified society we have managed to cross the barriers of gender. After all, the girls go to school just as prestigious as those of their brothers, many pursue careers of their choice and of course a growing number are extremely competent at what they do.

But even so the stereotyping remains in place – firmly so. Perhaps it is not as destructive as the horrific discrimination most girls and women in the country face, but it is certainly damaging, forcing persons into specific moulds on the basis of gender.

There are the obvious examples: the insistence that little girls are ‘princesses’, rather than strong individuals who will carve out their own identities in life. When they are decked out as fairies, princesses or other little pretty – and essentially helpless – beings, a stereotype is created. We see it at every dress-up party. A few of the little girls dressed up in pink will break away and escape this frame created for them. Most will not.

We see this even in grown women who obsess about their looks, and almost ceaselessly praise other women on this basis. They have been conditioned to believe looks matter beyond all else. Intellect comes later, and in fact is not always an attribute appreciated in women. While the ‘doctor’ wife has become a status symbol in certain circles, this is not linked to her capabilities but to a great many other complex social factors. Much about the ‘empowerment’ of women is a façade; in essence we would prefer them not to be empowered, which is why when women do choose to strongly voice their opinions they are condemned, or labelled in ways we are all familiar with.

The question of whether certain differences exist between the genders is one that has been debated for a very long time. The most significant of these arguments has centred on the intellectual capacity of women, and whether it was in any way inferior, or perhaps ‘different’ to that of men.

A key area of study has focused around the game of chess, and the lack of representation of women at its highest echelons. Only one woman, the remarkable Judit Polgar from Hungary, has ranked among the top 100 players in the world or held grand master status, beating players of the status of Gary Kasparov and the current world champion, Magnus Carlsen the charismatic, 23-year-old Norwegian, who holds a pop star like status.

The hypothesis goes that, had intellectual skills or brain-wiring not been dissimilar, a far larger number of women would have replicated Polgar’s achievements, given that chess does not require strength or any other physical attribute that would give them an advantage at the chess table. Currently, many opt to play in ‘women only’ tournaments, intended to promote the game among them.

Is there then a difference? Some intrinsic quality that leads men to excel at certain activities and women at others? The debate has continued for decades. In 2005 the then president of Harvard University, Lawrence Summers, was forced to resign after making comments that suggested women may be less competent chess players than women. Other researchers had come up with similar proposals. Spatial ability was cited as a possible factor.

But more recent research, including detailed studies emerging from top universities, suggests the reasons may be far simpler: far fewer girls play chess compared to boys. There are fewer role models for them, and the number who play, in terms of ratio, corresponds with those who rise to high levels of achievement. Social conditioning has a great deal to do with the choice of pursuits taken up when children are young.

The debate and the research continue. But certainly we see evidence of ‘conditioning’ everywhere. The phenomenon is global – we have picked up from it, and possibly added dimensions from our own traditions to it.

At a recent chess tournament for school age children in Lahore open surprise was expressed by some present over the number of girls present on the team of a co-ed school. The girls, who had no doubt they were as skilled as their male counterparts, outplayed many of them. They had never been conditioned to believe they were any less competent.

The issue goes further than that. An informal study on girls and mathematics in Lahore found that much depended on levels of confidence and expectations. The issue has again been researched in depth internationally, with some fascinating findings emerging. Girls in Singapore and China for example equal boys of the same age in mathematical ability. In the US that is less frequently the case, and the very deliberate, commercialised, commodified creation of ‘girlhood’ with its specific mode of clothing, its focus on certain activities and its pre-set expectations is evidently a reason for this.

To some degree we may be better off than the US. But the influence from that country is there, coming through with its TV shows, movies, video games and other forms of media. The result is a specific kind of discrimination which exists at the top of society. We need to see how we can steer clear of this. The astonishing lack of awareness among parents is disturbing. Perhaps it is deliberate, perhaps it is simply a matter of ignorance.

This of course also applies to the upbringing of boys, who are also socialised into specific roles and denied an opportunity to develop skills in others. Shopkeepers are frequently asked which toy to buy for which gender. This applies even to books – with suggestions that classic books like Roald Dahl’s wonderful ‘Boy’ may not be suitable reading material for girls – perhaps simply because of its title.

On the same basis, the moving, ‘Diary of Anne Frank’ is regarded as a ‘girls’ book, again simply because of its title. Quite obviously, boys and girls should have no problems reading novels or pieces of non-fiction which have the opposite gender as a central character. If this were the case, only women would read novels like Tolstoy’s ‘Anna Karenina’ and men those such as Wilde’s ‘The Picture of Dorian Gray’.

This makes no sense at all. Even the tiny percentage of people at the top layer of our society suffer from delusions which lead them to think of girls and boys in separate ways. There may be some validity in this. But social conditioning should not come into play for shaping the reality for either gender. Right now it does, and this is in many ways disturbing since it serves to dis-empower women even when they belong to a segment that wheels enormous clout on the whole.

This question is something we need to think about. Empowering women is important at all levels. It is not a problem restricted only to the poor and illiterate. In fact, it may be a bigger problem higher up the social ladder, where the luxury exists to choose how to frame the future of children and cast them in roles that fit certain models. We need to break away from this to create a more even society and give every individual a chance to excel within it.

The writer is a freelance columnist and former newspaper editor. Email: kamilahyat@hotmail.com

The News

Rights activists urge society to raise voice collectively

gang-rape case

LAHORE: Human rights activists have demanded the government to increase 5 percent intra-provincial education budgets have urged the male dominated society to raise their voices collectively against any kind of violence against women.

In connection with the 16 days long international campaign against the violence on women across the world, a special seminar was held here at the Lahore College for Women University that was organized by the Mumkin Alliance (MA)—an alliance of 25 civil society organizations including Aurat Foundation, MDM, Shirkat Gah, SPO, Action Aid, Simorgh, Home Net, Sarsabz Foundation, NCJP, ASR and CHRE—on Wednesday.

The 16 Days of Activism against Gender Violence is an international campaign originating from the first Women’s Global Leadership Institute sponsored by the Center for Women’s Global Leadership in 1991.

Different speakers belonging to the MA addressed the seminar. Fauzia Viqar, Chairperson of the Provincial Commission on the Status of Women while adderessing the seminar said that Punjab Government has enforced various laws during 2012 and 2014 to eliminate every type of violence against women (VAW) like domestic violence, sexual harassment at work place and acid throwing incidents from the province effectively. She said that commission was working on cyber-crime against women act to pass from the assembly.

Justice Retired Nasira Javed Iqbal while speaking on the occasion highlighted the various clauses of the constitution of Pakistan 1973 regarding the stoppage of violence against women. She said that the society should raise the voice collectively against the violence.

Strengthen Participatory Organization (SPO) Regional Head Salman Abid called upon the society to joined hands and come forward to refine the society by eliminating the violence against women. He said that attitude of the male dominant society has to play a positive role and in this direction.

The seminar was also addressed by the Head of department of gender studies of the university Dr Sarah Shahed as well as MPA Farzana Butt, Shahzia Shaheen, Somia Yousaf and Nabeela Shaheen.

Separately, Aurat Foundation (AF) has also put a demand to the government to increase 5 percent inter-provincial education budgets overall of the GDP as well as to adopt non-discriminatory education policies which provide qualitative and gender-responsive learning environments, extend outreach and access to children.

According to a press release issued by the AF in connection with the international campaign, over 5.1 million primary school-aged children are out of school in Pakistan–the third highest number of out-of-school children in the world—and 63 percent of them are girls. The foundation said that recently, the Punjab government had passed legislation regarding education for all, and according to it, every child shall have a right to free and compulsory education from class one to ten, non-formal education, vocational education or a combination of all or any of the two as notified by the Government considering the needs, capability and age of the child so as to ensure completion of education or specified education in a school in the neighborhood or the school allocated for the child.

Aurat Foundation also demanded that government should develop a comprehensive education policy for Girls, encompassing primary, secondary and tertiary levels, to enhance their access to quality and continuing education.

Daily Times

26 madressah girls kept at house to settle loan dispute recovered

By: Shazia Hasan

KARACHI: Twenty-six girls aged between five and 11 years in pink shalwar kameez and pink and burgundy hijabs, some crying and rubbing their eyes, some confused and wide-eyed trying to decipher, with lips trembling, the questions being put to them, some coug­hing or throwing up, were

all rounded up at the SSP-Central office at Gulberg after being recovered from a house in Liaquatabad’s C-1 Area on Wednesday.

“They have been through severe trauma. They are understandably upset,” Muttahida Qaumi Movement lawmaker Irum Azeem Farooque told Dawn as she tried to divert the children’s attention from the people watching them to the cartoon film being played on TV.

“They don’t speak much Urdu and I’ve been trying to calm them down and tell them that everything will be fine, in my broken Pushto,” she said.

The girls were said to have been staying in a small two-room house for the past two days with a woman, who identified herself as Gul Khanum. She was also brought to the police station along with them. They had no food and the neighbours after taking pity on them started sending them whatever little food they could spare for them, which was still not enough to feed 26 little mouths. The story as the police understand is that the girls are originally from Bajaur and had been sent to a madressah in Karachi by their parents some four months ago.

The owner of the house they were found at allegedly owed the madressah around Rs350,000. When he could not pay the money, the girls were moved to his house by the madressah management in order to also take custody of the house until he paid up. That’s when complaints from the neighbourhood brought MQM lawmaker Rauf Siddiqui at the house where he met the girls and distributed toys and chocolates among them. The police were also called in who took the children into protective custody where they were fed and given necessary medical attention, too.

“The police at first thought of handing over the children to a welfare organisation but we have requested them not to do that and look into finding their parents themselves. We will also be taking a keen interest in getting them back safely to their homes but first it is important to find out why and how they got here,” said another MQM lawmaker Shazia Javed.

As many unanswered questions lingered over why and how the girls were in Karachi far from their home in Bajaur and whether they were kidnapped or sold, the Liaquatabad police also recovered six more girls from Jamshed Quarters in Fatima Jinnah Colony.

Guardians, prospective relatives

Meanwhile, hearing about the children many people claiming to be looking for the lost girls thronged the SSP office.

“She is Parveen. See, she recognises me,” said Shoaib Khan, who claimed to be an older cousin of the eldest, 11-year-old, girl in the group. “Yes, her parents are in Bajaur. But we are her relatives here in Karachi and would visit her at the madressah every week. Seeing what has happened on TV earlier, I immediately rushed here but the police are not handing over the child to me,” he fumed. “What do they intend to achieve by keeping the children here?”

Another man, identifying himself as Abdul Majeed and standing in the queue to identify his niece, said that his brother never sent the child to any madressah. “I don’t even know if I would find her here. My niece had been kidnapped in 2010 from outside our home where she had been playing. She was only two years old at the time and would be six today. I have here with me her picture shortly before she vanished and a copy of the police FIR that we filed back then,” he said showing the picture to the media.

In one corner, a senior citizen stared at a photo of two very cute little girls in his smart phone. “Beta, these here are my granddaughters, nine-year-old Zainab and five-year-old Amna. They were vacationing with my son, daughter-in-law and grandson somewhere in Gilgit-Baltistan over four months ago when they had an accident in their rented jeep on Aug 11. “My son, daughter-in-law and grandson died in that accident and their bodies, too, were recovered after several days of search but the two little girls were never found. Search for them was called off due to snowfall in that area, but I’m still looking for them. We live in Faisalabad. I flew to Karachi after learning about the recovery of these madressah girls from Bajaur this morning in the hope that I may find my granddaughters among them,” he said brushing away the tears rolling down his face.

Though the people claiming to be guardians or relatives were allowed to go one by one in the room the girls were kept in order to identify them, the police were not handing them over to them immediately. The police said the children would remain in their custody until the completion of proper investigation.

DAWN

Govt to help promote Thar women artisans

MITHI: Speaking as chief guest at a seminar on ‘Current food insecurity situation and lives of women artisans’ organised by some non-governmental organisations here on Wednesday, Sindh Minister for Women Welfare Rubina Qaimkhani said that display centres at proper places were being set up by the government to encourage and promote women artisans from Thar.

She said women formed more than half the population of Thar and many of them possessed skills in embroidery and handicrafts. She said they must be encouraged to market their handicrafts and earn substantially to improve their standard of life.

She admitted that no proper marketing facilities had been made available to these women in the past. However, she added, the government was not taking steps to promote their craftsmanship.

She also urged the relevant NGOs to play their due role in this regard.

Ms Qaimkhani said that the government was also taking measures to provide better health facilities to the people of Thar, especially women and children. She advised Thari mothers to ensure proper education of their children.

Nuzhat Sheerin, Apa Kamla Poonam, Dr Ashok Bakhtani, Narumal and others also spoke at the seminar, which was attended by a large number of Thari women artisans and social workers.

Protest held

Residents of Sadharo Sameja village of Chhachhro tehsil on Wednesday staged a sit-in outside the local press club against alleged misappropriation and unfair distribution of relief wheat in their area.

The protesters told journalists that local officials had misappropriated wheat meant for more than 100 families and made fake entries in the record.

They claimed that they repeatedly complained to the deputy commissioner and other officials concerned about the matter but to no avail.

DAWN