Why doesn’t the lived experience of Pakistan’s women reflect its shifting laws?
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There is no better way to assess the progress a nation makes than to understand the status of its women. So, where does Pakistan stand? Let us look at what structures exist specifically for women and what is still lacking.
More or less, a legal framework for women is in place. There are international obligations we have ratified, constitutional guarantees of equality, penal code provisions that recognize various crimes against women and anti-women cultural practices, as well as various federal and provincial laws, including outlawing domestic violence and sexual harassment.
Addressing the gender gap of 12 million women off the electoral roll has led to the Election Commission carrying out a robust campaign where women are assisted in acquiring national ID cards. Affirmative action exists in parliamentary seats for women at 33%, the 2017 Election Act requires political parties to have a 5% quota for women candidates to contest in direct elections; and the results of a constituency which has less than 10% women voters is declared null and void. There are job quotas in all public offices and oversight bodies have been established, mandated with an advisory role to identify gender and discriminatory gaps.
This seems to paint the picture that we have made progress towards women’s emancipation. Then why is the lived experience of women not changing to reflect the legislative and institutional shift that Pakistan’s successive governments and institutional set ups have taken?
Firstly, political will towards actual implementation of the law designed by governments is lacking. Successive lawmakers have made efforts to pass laws but little effort to play their mandatory oversight role of questioning the executive on poor implementation. Senate committees have been more proactive than the National Assembly but not consistent. Provincial Assemblies need to hone this skill, as they have with debating and passing legislation. There has been little attempt by governments to increase awareness on existing laws. Among people, awareness of new laws is very low but it is also shockingly low among law enforcement, judiciary and others along the prevention, protection and response chain – medico-legal officers, women’s shelter home staff, media, community leaders, doctors and the list goes on. We have laws in Parliament but beyond a few activists and NGOs, no one is aware of them. This is not just deeply unfortunate but woefully negligent. And the blame can only lie where power lies – the legislature and executive.
Courtrooms, where the law has a chance to come to life, is structurally entrenched with the patriarchy – women in the system, either as lawyers or litigants are very disadvantaged. When we win, it is inspite of the system, not because of it.
Benazir Jatoi
Courtrooms, where the law has a chance to come to life, is structurally entrenched with the patriarchy – women in the system, either as lawyers or litigants are very disadvantaged. When we win, it is inspite of the system, not because of it. It is literally and metaphorically, a win beyond all odds. It is celebrated and discussed among certain groups of woke youngsters and activists and changes the lives of a few that it may directly affect. As far as some – most - women citizens are concerned, these court decisions are not known of and does not impact their lives. A progressive, pro-women court decision does not even make judicial precedent, unable to be entrenched as principle in similar cases. Leaving a celebrated court decision to be a win for the few, not for the many.
Secondly, increasing women citizens’ status is negotiated every day with powers which the state has declared beyond their reach – the home, the mosque and the mullah. The writ of the state does not extend effectively, nor does the state care whether it does, to these important institutions.
At home many women are subjected to discrimination and violence. In the mosque decisions are either taken on what to expect of women or directions given to men on how to behave with and towards women. None of these decisions are based on constitutional guarantees, national law or Pakistan’s international commitments.
Not all hope should be lost. Progress has been made in family law and family courts – seeking khula has now become only procedural, courts have moved towards the global trend of custody being awarded to women in the majority of cases, with the obligation of fathers to provide maintenance in return for visitation. Of course, there are still gaps but we have progressed, and the trajectory is tangible enough to see.
Two other systems that have the potential of impacting the lives of ordinary (who are also the majority) women are: Lady Health Worker programme introduced by the PPP government in 1994 to increase primary health coverage to poor and rural women in their homes; the Benazir Income Support Programme introduced in 2008, which provides cash handouts to the poorest families. How successive governments use these important states led initiatives is important: we must not politicalize them, but only strengthen them.
This government will be judged not by how many laws it passes in the favour of women; this missing gap has been plugged by previous governments. It will be judged with how they take forward state-led initiatives that directly impact women’s lives and health, what it does to monitor the implementation of the laws that exist, what it will do to push girls in schools and how much space it will give women’s political and social movements.
So far, this government has not shown inclination towards changing the status of women, whether in changing the narrative, challenging the orthodox and harmful view of its own followers nor in policy or programme.
Perhaps they do not want to change society – after all, the system suits the ones that run it. They should just be aware; we are not sitting this one out.
– Benazir Jatoi is a barrister, working in Islamabad, whose work focuses on women and minority rights. She is a regular contributor to the op-ed pages in various Pakistani newspapers.
Twitter: @BenazirJatoi
