Now that the dust has settled and the elections are over, and the incumbent governments in the centre and provinces are well settled, all eyes are on the new legislative bodies for their law-making capabilities. The last government, notwithstanding its sins of omission and commission and issues of governance, has been applauded across the board for its legislative achievements especially the pro-women bills.

The promulgation of seven gender-sensitive laws have changed the course of history, as it has been proven that the women’s movement along with civil society, the National Commission on the Status of Women (NCSW), willing and obliging parliamentarians and Women Parliamentary Caucus have come a long way.

Some people, however, still tend to perceive the entire law-making process with cynicism and condescension, and they resolutely believe that change is a rather social, sluggish and gradual process, and not influenced by merely promulgation of some laws. But Anis Haroon, the former chairperson of NCSW and the caretaker minister for women development and human rights refutes such notions and resolutely states: “laws (in general) create space and help in changing the patriarchal mindsets”.

Haroon further explains, “Whenever a law is promulgated it goes through a tedious and complex process. The final draft requires dealing with an ossified bureaucracy and many reviews by committees and relevant ministries before it is presented to the cabinet for approval and then it is tabled in the National Assembly and Senate for voting. A simple majority is required for approval after which the bill becomes a law. The civil society and women activists invested considerable research, mobilisation, advocacy and awareness-raising on both public and political levels to formulate these laws.”

In this regard, the two bills whose impact has been particularly perceptible are Women Protection Act 2006 and Sexual Harassment Act 2010. Under the Women Protection Act, rape was taken out of the Hudood Ordinances (HO) and placed within the Pakistan Penal Code. Thousands of rape victims who were languishing in jails were set free, and since then not a single woman has been jailed on zina charges.

As Rubina Brohi, a civil society activist working in the Aurat Foundation, who actively participated in lobbying says, “Though the bill was short of our expectations and we had our reservations, its impact was remarkable and it helped a lot of women to come out of prisons.”

Another bill, which had an equal impact, was the Sexual Harassment Act. In a society as severely conservative and patriarchal as that of Pakistan, working women are frowned upon, and often, victims of sexual harassment are considered to be the perpetrators, this law has certainly brought about optimism and hope to those who had none.

The smooth passage of the bill in these circumstances was nothing short of a miracle as it initiated a snowball effect. The bill has an unprecedented implementation mechanism, since it is mandatory for private and public sector organisations to form anti-harassment cells and there is also an institution of ombudsman for further perusal. Since then, complaints have started pouring from across the country and many cases have been decided. This is a development which Haroon terms “a step in the right direction”. With the passage of time and concerted efforts, other bills too will start delivering results.

As for the execution of these laws, there are a host of actions, which are needed to make laws more users friendly. Shaheen Ashraf Shah, doctoral researcher on women and gender studies, University of Warwick, UK, elaborates in detail: advocacy and awareness creating are the key to effective implementation. There is a need to strategise advocacy plan at all levels, women’s movement and media organisations can take the lead in this regard. The second step is to make justice accessible and affordable. For instance, poor women especially rural women and girls are the most vulnerable to violence and least capable of seeking justice for themselves.

Another very important step is to improve the capacity of the police as it is commonly observed that it often hinders proper investigation of cases of violence against women. Lack of empowered female police staff appointed as investigation officers in such cases hampered many women’s access to justice. Continuous sensitisation and professional development programmes for the police, the members of the subordinate judiciary, members of the bar and government planners, policymakers, implementing officers and executors are strongly needed. And last but not the least, there is a need for ongoing in-depth research on the impact and implications of the new laws or the changes made in Hudood laws from victims’ perspectives.

By following all these steps, these new pieces of legislation will make a difference in the lives of millions of women entrapped in the vicious circle of poverty, discrimination and violence and pave the way for a more egalitarian society within Pakistan.