Violence against women in Pakistan

Violence against women, particularly intimate partner violence and sexual violence, is a major public health problem and a violation of women's human rights in Pakistan.[1] Violence against women in Pakistan is part of an issue that faces the entire region the country is situated in.[2] Pakistan is a highly patriarchal society, and took a long time to enact laws for the protection of women. In the 2019 Women, Peace and Security Index, Pakistan ranked 164 out of 167 countries.[3] Pakistan is worst among nine South Asian countries on access to mobile phones, financial inclusion, and discriminatory norms for women. Around 12.2 million girls, compared with 10.6 million boys, remain out of school in Pakistan, poverty compounding challenges to girls' educational opportunities.[4] The only positive to take from the Index was Pakistan's achievement of 20 per cent representation for women in parliament and a slightly better indicator than India on bias towards sons.[3] In 2017 there were an estimated 746 honour crimes, 24 stove burnings, 18 cases of settlement marriages.[5] Many cases go unreported, and many of these reported cases go unprosecuted. Alternative Dispute Resolution (ADR) system in 2017 has been hailed as a success in Khyber Pakhtunkhwa. Legal experts are critical of the system, noting that ADR can delay action. Many remain concerned with patriarchal influence in a decision-making process that has traditionally disadvantaged women. In 2019, the Ombudsman for Sindh province informed the Supreme Court that out of 350 cases, action was taken in just eight cases. The largest province, Punjab, has received 116 complaints since the establishment of the office in 2013, resulted in 42 convictions, 15 acquittals, 27 withdrawals, and 24 still ongoing cases. It also reviewed 13 appeals.[5] Four decisions were set aside, five decisions upheld, two cases were declared time-barred, while two remain ongoing. Women in Pakistan mainly encounter violence by being forced into marriage, through workplace sexual harassment, domestic violence and by honour killings.[2]

A survey carried out by the Thomson Reuters Foundation ranked Pakistan as the sixth most dangerous country in the world for women.[6]

History

In Pakistan, domestic violence is considered a private matter, as it occurs in the family. Spousal abuse is rarely considered a crime socially unless it takes an extreme form of murder or attempted murder. Various forms of domestic violence include physical, mental and emotional abuse. According to an estimate, approximately 70 to 90% of Pakistani women are subjected to domestic violence.[7] Almost one in three married Pakistani women report facing physical violence from their husbands. Only 22% of women are formally reported to participate in the Pakistani workforce. Intimate partner violence is expensive, in terms of medical cost, and missed days of work. In the late 70s and 80's, Pakistan witnessed a regression of women's rights and laws were amended to reflect this discrimination.[8] However, in the last 10–15 years, there has been some success in passing policies and laws to prevent practices such as early age marriages, honor killings, sexual harassment, domestic violence and rape. Many of these laws have been introduced by women parliamentarians in Pakistan.[9] In a survey, 35% of women admitted in the hospitals reported being beaten by their husbands. At least two women were burned every day in domestic violence incidents. In 1998, 282 burn cases of women were reported in only one province. Out of the reported cases, 65% died of their injuries.[10] According to Dr. Rukhsana Iftikhar and Dr. Maqbool Ahmad Awan in the Journal of Political Studies, "Pakistan is an agrarian state where the concept of personal ownership is very much common", with the two writing "Women are also considered personal properties in Pakistan".[2] The two state that such violence persists due to religious and cultural norms within the country.[2] Pakistani women are expected to maintain modesty while men are expected to project masculinity to keep honour among their families.[11] Traditional views in Pakistan believe that if dishonour is not corrected, it may spread beyond singular incident and into the community.[11]

Acts of violence

Poverty is one of the important causes for violence in Pakistan. In Pakistan, every third women is illiterate and 12 hence unaware about her rights. Increased level of education can create awareness and help them to speak up for their rights and bring change in their status. Some ancient traditions and customs which are still followed. This includes exchange marriages, marriage with Quran, Karo Kari, Honor killing, Dowry.[12]

Domestic violence

In a 2008 survey, 70% of women respondents reported that they experienced domestic violence.[2] According to a 2009 Human Rights Watch report, 70-90% of Pakistani women suffered with some kind of domestic violence.[13] About 5,000 women are killed annually from domestic violence in Pakistan, with thousands of other women maimed or disabled.[14] Law enforcement authorities do not view domestic violence as a crime and usually refuse to register any cases brought to them.[15]

In the 2012-2013 Pakistan Demographic and Health Survey, 3,867 married or previously married women were questioned.[16] Of the respondents, 47% of these women believed that physical violence was just if a wife had argued with her husband.[16] The survey found that such beliefs on domestic violence were often passed down to future generations of children.[16]

Marital rape is also a common form of spousal abuse as it is not considered to be a crime under the Zina laws.[17] A study by the United Nations found that 50% of married Pakistani women have experienced sexual violence and 90% have been psychologically abused.[18]

Forced conversion of minority girls

In Pakistan, Hindu and Christian girls are kidnapped, raped, forcibly converted to Islam and forced to marry Muslim men. About 1,000 non-Muslim girls are forcibly converted to Islam in Pakistan every year.[19][20] However, according to "[t]he All Pakistan Hindu Panchayat (APHP)...[the] majority of cases of marriages between Hindu women and Muslim men were result of love affairs. It said due to honour, the family members of women concoct stories of abduction and forced conversions".[21]

Honour killing

Historically, honour killings have occurred in Pakistan for thousands of years[11] and authorities in the country, legally obligated to treat such incidents as a crime of homicide, often ignore such killings.[22] As of 2019, thousands of honour killings occurred annually in Pakistan.[2]

Rape and sexual violence

The topic of sex is a taboo subject in Pakistan, therefore women often refrain from reporting their experiences with rape.[17] According to a study carried out by Human Rights Watch there is a rape once every two hours[13] and a gang rape every hour.[23][24]

Women's Studies professor Shahla Haeri stated that rape in Pakistan is "often institutionalized and has the tacit and at times the explicit approval of the state".[25][26] According to lawyer Asma Jahangir, who was a co-founder of the women's rights group Women's Action Forum, up to seventy-two percent of women in custody in Pakistan are physically or sexually abused.[27]

Transgender women

In 2020, a transgender woman named Gul Panra was shot dead in the Pakistani city of Peshawar. This is the latest case of attacked on the LGBT community in the county. Along with her, a friend of Gul's were also injured, but escaped death. Gul was a Pashto singer in her professional life. Since 2015, it is reported that 68 transgendered people were murdered in Pakistan. However, a total of 479 transgendered people were attacked since 2018 in the Pakistani provence of Khyber-Pakhtunkhwa alone. But, these figures may not include the actual figure, as recording of anti-trans violence is poor.[28]

Law

The majority of women who are victims of violence have no legal recourse within Pakistan.[15]

Existing laws

Article 25 of the 1973 Pakistani constitution states: "All citizens are equal before law and are entitled to equal protection of law. There shall be no discrimination on the basis of sex. Nothing in this Article shall prevent the State from making any special provision for the protection of women and children.[29]"

Article 23 of the 1973 Constitution states: "Provision as to property. Every citizen shall have the right to acquire, hold and dispose of property in any part of Pakistan, subject to the Constitution and any reasonable restrictions imposed by law in the public interest."[30]

Article 310A states: “Punishment for giving a female in marriage or otherwise in badla-e-sulh, wanni or swara.- Whoever gives a female in marriage or otherwise compels her to enter into marriage, as badal-e-sulh, wanni, or swara or any other custom or practice under any name, in consideration of settling a civil dispute or a criminal liability, shall be punished with imprisonment of either description for a term which may extend to seven years but shall not be less than three years and shall also be liable to fine of five hundred thousand rupees.”[31]

The Prevention of Anti Women Practices Act 2011 states: "Whoever by deceitful or, illegal means deprives any woman from inheriting any movable or immovable property at the time of opening of succession shall be punished with imprisonment for either description for a term which may extend to ten years but not be less than five years or with a fine of one million rupees or both."[32]

National Commission on Status of Women

National Commission on Status of Women[33] in Pakistan is federally administrated department to ensure the effective legislation for women in Pakistan. National Commission on the Status of Women (NCSW) is a statutory body, established in July 2000. It is an outcome of the national and international commitments of the Government of Pakistan. Three Commissions have completed their respective term of three years. Term of the last Commission expired on 31 December 2008. It was established with the specific purpose to examine policies, programs and other measures taken by the Government for women's development and gender equality. The strategies of NCSW are Work and lobby with lawmakers, parliamentarians and other decision makers for promotion of laws and regulations aimed at empowering women. Advocate, lobby and build coalitions and network for promoting women's rights whereas the priorities are Ensuring the development of implementation mechanisms for laws passed in last five years. Undertaking select litigations, e.g. against Jirga's, honor killing etc. Promoting enactment of pending legislations for women's protections and empowerment.

Women related laws in Pakistan

• Domestic Violence (Prevention and Protection) Bill 2009[33]
• Acid Control and Acid Crime Prevention Act 2010[33]
• The Dowry And Bridal Gifts Act [33]
• The Protection Against Harassment of Women at the workplace Act ( 2010)[33]
• The Criminal Law (Amendment) Act 2010[33]
• The Prevention of Anti-Women Practices Act ( 2011)[34]
• The Women in Distress and Detention Fund ( 2011)[33]
• [35] The Criminal Law (Amendment) Act 2011( Prevention of Acid crimes incidents)[35]
• [35] The Domestic Violence Prevention and Protection Bill 2012[35]
• National Commission on Status of Women Act 2012[35]
• National Commission for Human Rights Act 2012[33]
• Women, Violence and Jirgas Act[33]

The Muslim Family Laws Ordinance, 1961[36]

A Muslim marriage is still legal if it is contracted according to the religious requisite. A man who wants to enter a subsequent marriage must submit an application and pay a fee to the local Union Council. The application must state the reasons for the proposed marriage and indicate whether the applicant has obtained the consent of the existing wife or wives. A polygamous marriage contracted without the Union Council's approval cannot be registered. The minimum marriage age is set at 18 years for men and 16 for women. Under-age marriages are not rendered invalid.[37]

The Dissolution of Muslim Marriage Act, 1939, amended in 1961[36]

A wife is entitled to all the property that she has earned for herself and also to the benefits deriving from the property of the husband. The Act guarantees women with the right to divorce, also knows as Khula. Maintenance of the wife is responsibility of husband during the whole duration of marriage. A woman can get a decree for the dissolution of the marriage if her husband contracts a polygamous marriage in contravention of the Muslim Family Laws Ordinance.

The Married Women’s Property Act, 1874[36]

Married woman has right to separate property and to taking legal proceedings in her own name.

Inheritance legal mechanisms

Inheritance provisions may vary depending on whether the deceased was a Christian, a Hindu, or a Muslim. Inheritance for Muslims is governed by Islamic Shariah. The definitions of heirs, and their shares, are decided according to their sects and sub-sects.[36]

The Muslim Family Law Ordinance, 1961[36]

Under the Sunni law there are 12 shares in a deceased person's property, four for males and eight for females. The Shia law recognizes nine shares and does not include grandfathers, grandmothers or sons and daughter/s. Female children are entitled to half the inheritance of male children; wives inherit one-eighth of their husband's estate. The 1962 West Pakistan Muslim Personal Law Shariat Application Act entitled Muslim women to inherit all property, including agricultural property. It also extended the Shariat to all of West Pakistan, except tribal areas in the North West Frontier Province. The law of inheritance is based on the following principles: All shares are distributed to legal heirs by intestate succession. Heirs acquire an absolute interest in specific shares of the estate of their ancestor, even before distribution. Vested inheritance may occur. For example, if an heir dies before distribution, but was alive at the ancestor's death, the share of his/her vested inheritance passes on to his/ her heirs.[38]

Domestic Violence during Covid19

Domestic Violence cases surged during the lock-down period that was imposed because of COVID-19.[39]  Many media outlets reported cases of domestic violence nationwide. Statistics show a 25% rise in domestic violence for one province only. Government agencies and NGOs working for the victims have suffered from the Pandemic as well and are lacking in infrastructure. Many of the shelters have been turned into quarantine stations due to which domestic violence cases cannot be entertained. The government has issued a COVID-19 alert that provides a helpline, 1099, and a Whatsapp number 0333 908 5709, to report cases of domestic violence during lock down.

List of government departments and NGOs working for women

Legal hotlines provide emergency support and referral services over the phone those in volatile relationships. Hotlines are generally dedicated to women escaping abusive relationships and provide referral to women's shelters. There are various helplines providing services to women in sufferings in Pakistan.

Ministry of Human Rights Women Centre and helplines[40]

The Ministry of Human Rights[40] is managing and operating Shaheed Benazir Bhutto Human Rights Centre for Women in Islamabad. Victims of violence can share their sufferings in strict confidentiality with volunteers and social of pain and humiliation. The Centers is equipped with facilities including free medical, legal, and Shelter Home.

Address: Shaheed Benazir Bhutto Human Rights Centre for Women, Sector H-8/1, St # 04, Pitrass Bukhari Road, Near City School, Ministry of Human Rights, Islamabad. Contact: Manager Numbers:- 051-9101256, 9101257, 9101258[41]

Moreover, a helpline — 1099 — has been launched by the ministry to provide free legal advice on the matter.[30]

PCSW helpline[42]

The Punjab Women's Toll-Free Helpline 1043 and online complaint form is available 24/7. Managed and supervised by PCSW,[42] this helpline team comprises all-women call agents, three legal advisors, phycho social counselor, supervisors and management staff to address inquiries and complaints, and to provide psycho social counseling, on workplace harassment, gender discrimination, property disputes and inheritance rights, domestic violence and other women's issues.[43]

AGHS Legal Aid Cell[44]

AGHS provides legal aid in the violation of human rights by the state or non- state actors, women in obtaining their rights under family law and to women and children, and other victims of the abuse of due process and in prisons to women and juveniles. Email us: [email protected] | Call: 042-35842256-7[45]

SLACC Helpline

Any person across the Pakistan can call the Sindh Legal Advisory Call Centre (SLACC) free of cost on toll free no. 0800-70806 for seeking legal advice on civil, criminal, public service related matters.[46]

DRF Helpline

Digital Rights Foundation's Cyber Harassment Helpline is toll-free Helpline for victims of online harassment and violence. The Helpline will provide a free service. You can call on toll-free number: 0800-39393 everyday from 9:00 a.m. to 5:00 p.m. Email at [email protected] [46]

Rozan Helpline

Rozan is working on issues related to emotional and psychological health, gender, violence against women and children, and the psychological and reproductive health of adolescents. FREE Telephonic Counseling 0800-22444, 0303-4442288 (*Regular charges) Mon-Sat, 10:00 am – 6:00 pm[47]

See also

• Women in Pakistan
• Women related laws in Pakistan

References

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External links

• Domestic Violence (Prevention and Protection) Act, 2012 (PDF)