Rizwana Naqvi analyses the effects of pro-women legislation

Women in Pakistan have suffered for long; many are not only denied their right to education and health but also discriminated against and abused at the hands of family and society—even laws. They are considered not only subservient to men but often as their property, to be bartered or given away to settle disputes, or married to the Quran to retain their share in property.

Many are subjected to honour killing at the whims of their fathers, brothers and husbands, killed or threatened if they dare to choose their husband; the penal code has gender discrimination built into it; tribal laws and customs rule supreme when it comes to women; their fate is decided by jirgas rather than the country’s laws, even in cases where some gender equality exists.

Those who are lucky enough to acquire education and pursue a career may be spared some of these inhuman practices carried out in the name of tradition, but their lives too may not be a cake walk: many face sexual harassment in public spaces, at the work place, and domestic violence, like their uneducated counterparts.

A recently published book, Working with the sharks by Fouzia Saeed, shows the extent of harassment at the workplace and how women’s complaints are brushed aside. If women in international organisations face harassment and are denied justice, the situation at the local administration levels can be well-imagined.

The plight of our women can be judged by the fact that numerous women have been disfigured when acid is thrown on them as a punishment. A simple act of refusing a marriage proposal can trigger such an attack. The list of women’s sufferings is endless.

During the last decade or so many women-friendly laws have been adopted to safeguard women’s basic rights and provide them protection against suppression. On the face of it, it seems that women have reason to smile as these laws appear to provide protection to them from abuse and grant them their rights.

Such legislation is aimed at ensuring that young women are not be forced into marriages at the whims of the men in the family or to settle disputes or denied their inheritance; they are to be spared harassment at the work place and any woman who is subjected to violence at home is to be provided relief; the person committing such an act is to be punished, and no one is to be allowed to throw acid on them.

Yet, given the patriarchal nature of our society and the fact that the majority of our women are hardly aware of any legislation in their favour, one takes a deep sigh and thinks how many women will benefit from these laws; will those who are well-informed find the courage to speak out when they know that implementation is still in the hands of men?

For instance, how many women are aware and empowered to complain against tribal customs like Vani and Sawara (marriage of underage girls against their will to settle murder and tribal disputes) or would they ever have the courage and be able to lodge a complaint if they are subjected to marriage to the Quran, which has no basis in Islam, or child marriage? The women who face such customs are uneducated, confined to their homes and not allowed to step out without an escort. Similarly, honour killing remains under-reported and the perpetrator almost always manages to evade punishment.

Yet, the National Commission on the Status of Women (NCSW) provides a ray of hope as it is intended to promote social, economic, political and legal rights of women as provided in the Constitution and in accordance with international declarations, conventions and agreements relating to women, including the UN Convention for the Elimination of all forms of Discrimination Against Women (CEDAW) which Pakistan ratified in 1996.

The NCSW is empowered to assess the implementation of these laws and make suitable recommendations and suggest repeal, amendment or new legislation to eliminate discrimination, safeguarding and promoting the interest of women and achieving gender equality.

For such laws to yield desired results it is imperative that women are made aware of their rights and the fact that they can now speak out against unjust treatment and seek justice. They have to be given the confidence that their complaint will be attended to and action will be taken against anyone who violates their rights.

Another important element for such laws to be effective is punishment, which acts as a deterrence. If offenders know that they would be apprehended and adequately punished others would think twice before committing the same crime.

At the same time we need to take steps to change the mindset of society; we need a shift in the attitude of men who have little regard for women and their rights, and the women who suffer silently.