Human Rights Briefs: Women in Pakistan

 

GLOSSARY

Chador                    The literal meaning of chador is "veil," while chardevari means literally "the four walls of the house." Both terms are used to refer to the concept of the "seclusion" of women, that is, that women should be kept out of the sight of men (see Mumtaz and Shaheed 1987, x; Matsui 1989, 94).

Dowry     Dowry (money, livestock, agricultural equipment, luxury goods, property) given by the bride's family, theoretically to the groom himself, but in practice to the groom's family (Different Places, Different Views 1993, 87; Patel 1979, 26, 77; Jilani 1992, 68).

Hadd               The literal meaning of hadd is "the limit." In the context of Islamic law it means the maximum punishment (Mumtaz and Shaheed 1987, x; Patel 1979, 174).

Hudood          Plural form of hadd meaning "divine laws" in the Islamic legal context (Asia Watch and the WRP 1992, 47; Khuri 1990, 239).

Purdah    Purdah literally means "curtain." It is used to designate both the veil women use to cover their heads and the concept of the sexual segregation and "seclusion" of women (Mumtaz and Shaheed 1987, xi). According to another definition given in Les femmes pakistanaises, de l'indépendance à l'ère islamiste, purdah is "a practice of the Indo-Muslim subcontinent which means keeping Muslim women of the bourgeois class out of the sight of men" (McDonough 1987, 113).

Qazf Qazf, or defamation, is defined as a false accusation of zina (Asia Watch and the WRP 1992, 48).

Talaq               The declaration of divorce. The practice of dissolving a marriage by uttering the phrase talaq-el-Bida three times in succession (McDonough 1987, 123).

Tazir                Tazir translates literally as "to punish" and is used to describe less severe sentences than the hadd penalties (Asia Watch and the WRP 1992, 51; Jahangir and Jilani 1990, 24).

Zina Zina, which means adultery or fornication, is defined as "extra-marital sexual intercourse." Zina-bil-jabr, or rape, is defined as "extra-marital sexual intercourse without consent" (Asia Watch and the WRP 1992, 48).

1.   WOMEN IN PAKISTANI SOCIETY

The status of Pakistani women varies considerably with their social background, the region in which they live and the social class to which they belong (Khan 1987, 135-37; Mumtaz and Shaheed 1987, 21). For example, the conditions faced by women in the tribal regions of Baluchistan and the North-West Frontier Province (NWFP) are different from those of women in the feudal provinces of Sindh and Punjab and significantly different from those of women living in urban centres (ibid., 21-23). Women belonging to the elite classes have been able to move beyond their traditional role and attend university, take up non-traditional careers, join political movements, and even choose their husbands (ibid., 22; Burki 1991, 185; Weiss 1993, 413). These women constitute a small minority who have benefited from advances made with respect to the status of women (ibid.; Mumtaz and Shaheed 1987, 22). By contrast, women in rural areas and from the working classes of the industrial centres who make up the vast majority of the female population of Pakistan (roughly 75 per cent) are illiterate, live in poverty and are subject to onerous labour (ibid., 23; Weiss 1993, 413). Moreover, these women have experienced the consequences of the policies of various Pakistani governments (ibid.; Khan 1987, 132) including the Islamization policy of General Zia Ul-Haq (ibid.; Weiss 1993, 413; Asia Watch and the WRP 1992, 34).

1.1                Women, Islam and Politics since Independence

The status of Pakistani women has been shaped by a series of sociopolitical events which have marked Pakistan's history. According to Pakistani sociologist Farida Shaheed, political parties in Pakistan have continually used Islam to advance their own interests, usually at the expense of women (Asia Watch and the WRP 1992, 29, 32; Mumtaz and Shaheed 1987, 1).

From the early days of the independence movement in Pakistan, progressive Muslim forces encouraged and even legitimated the education of women and the advancement of women's rights within Islam (ibid.). On the eve of independence, the leader of the Muslim League and future president of Pakistan, Mohamed Ali Jinnah, appealed to women to rally all Muslims to his cause:

... we are victims of evil customs. It is a crime against humanity that our women are shut up within the four walls of the houses as prisoners. There is no sanction anywhere for the deplorable condition in which our women have to live (ibid., 183).

Women were a vital rallying force in the movement for the creation of an independent Muslim state (Asia Watch and the WRP 1992, 27). Once independence was declared, however, the greater freedom enjoyed by women during the years leading up to the founding of Pakistan came under attack by conservative religious elements who maintained that the emancipation of women conflicted with the Islamic values which were the very raison d'être for the creation of Pakistan (ibid., 28; Mumtaz and Shaheed 1987, 1). These conservative elements had in fact fiercely opposed the creation of a modernist Muslim state within which their authority might no longer be recognized (Pakistan: A Country Study 1983, 39-40; Rose 1989, 131). They declared themselves to be the guardians of Islam within the fledgling state in an attempt to regain the prestige and prosperity they had enjoyed under the British Raj (Mumtaz and Shaheed 1987, 9; Asia Watch and the WRP 1992, 28-29). Nevertheless, the women's cause did make some progress in the years following independence up until the accession to power of Zia Ul-Haq in 1977 (ibid., 29).

Laws governing family and marriage were reformed under the military regime of General Ayoub Khan (1958 to 1969) (Shaikh 1989, 205; Mumtaz and Shaheed 1987, 57-59; see also section 3.3). Moreover, women's access to the labour market and to education improved somewhat in the context of government economic reforms (ibid., 57). A product of Western liberal tradition, Khan cast doubt on the world view of the ulemas, the muslim religious leaders whom he considered retrogressive (ibid., 10-11). Still, in response to the rising tide of Bengali nationalism in eastern Pakistan at the beginning of the 1960s, Khan invoked Islam in his plea for a united Pakistan. Further, in the 1965 presidential elections he unexpectedly sought the support of the ulemas to contest the candidacy of Fatima Jinnah (Mohamed Ali Jinnah's sister) in the name of Islam (ibid., 11, 60). The about-face of Maulana Maududi is an even starker illustration of how Islam was manipulated in Pakistan for political ends. Maulana Maududi was the ulema who had most openly opposed Pakistani independence, who had denounced the participation of women in political life, and who had promoted adherence to the purdah, or "seclusion" (Gaboriau 1986, 62-63; Asia Watch and the WRP 1992, 28). He now endorsed the candidacy of Fatima Jinnah. According to Mumtaz and Shaheed, Maududi, who had been imprisoned by Khan in 1963, "revised his position on female heads of state, obviously for reasons of political exigency ..." (1987, 11, 60-61; Gaboriau 1986, 62-63).

Under the reign of Zulfikar Ali Bhutto (1971 to 1977), conditions for women improved significantly. It was during this period that the equality of men and women was recognized in law for the first time. As well, the number of women in the civil service grew considerably, and the first commission on the status of women in Pakistan was created. In July 1976, eight months after its creation, the commission produced a report on legal reform; it was never ratified by the National Assembly nor was it made public (Asia Watch and the WRP 1992, 33-34; Weiss 1993, 417; Mumtaz and Shaheed 1987, 63-64). Towards the end of the 1970s Bhutto's popularity began to wane, principally because of the failure of his economic policies, and he too sought to make use of religion--this time at the expense of religious minorities, in particular the Ahmadis (ibid., 14-15; see also: Pakistan: Treatment of Ahmadis Who Return January 1992).

With the accession to power of Zia Ul-Haq in 1977, a number of rights which had been granted to women since independence were compromised (Weiss 1993, 417; Asia Watch and the WRP 1992, 34). In the absence of mass electoral support Zia, from the outset, courted the conservative religious parties. Once again, Islam was used for political purposes (ibid.; Mumtaz and Shaheed 1987, 15-16; Weiss 1993, 417), this time at the expense of both women and minorities (Shaikh 1989, 207). Zia had promised to reinstate in Pakistan "the moral purity of early Islam" and to return to "the sanctity of the chardivari," that is the confinement of women within the four walls of the home (ibid.; Weiss 1993, 417; Asia Watch and the WRP 1992, 34). During the period of martial law (1977 to 1985), Zia suspended fundamental rights entrenched in the constitution, including rights guaranteeing the equality of men and women before the law. Moreover, the passage of legislation such as the Hudood Ordinances, the Law of Evidence (Qanun-e-Shahadat), and the bill concerning retribution (Qisas-e-Diyat) contributed to the deterioration of the status of women in Pakistan (ibid., 36; Khan 1987, 132; Weiss 1993, 417-419; Matsui 1989, 94; Shaikh 1989, 207).

The election of Benazir Bhutto in 1988 raised the hopes of Pakistani women. Deprived of a solid majority in the National Assembly, however, Bhutto's Pakistan People's Party (PPP) was forced to make compromises, most importantly with the conservative religious parties, with the result that the legislation passed under Zia remained in effect (ibid., 209; Asia Watch and the WRP 1992, 39).

A number of women's rights activists feared that the rise to power of Nawaz Sharif in 1990 would further undermine the status of Pakistani women (ibid., 40). In May 1991, the Sharif government made Islamic law, the shariah, the supreme law of the land (Weiss 1993, 419). Although a clause in the constitution guaranteeing the rights of women had been incorporated into the shariah, women feared that this measure would not guarantee the rights acquired through the family law reforms which are not part of the constitution (Asia Watch and the WRP 1992, 40).

During the 90-day rule of the interim government of Moen Qureshi in 1993, both the private and public Pakistani media condemned as never before discrimination against women in Pakistan and particularly discrimination related to the Hudood Ordinances (IPS 13 Oct. 1993).

In October 1993, Benazir Bhutto was returned to power. Her victory in the National Assembly--she won with 121 votes to 72 against her rival Nawaz Sharif--raised the morale of the PPP (India Today 15 Nov. 1993, 110). However, although the election platform of the PPP was very favourable to women, human rights activists and women's rights activists remained sceptical of Bhutto's ability to put promised reforms into effect (IPS 13 Oct. 1993; The Vancouver Sun 1 Dec. 1993, 2).

1.2               The Current Status of Women

According to estimates published in World Population Prospects: The 1992 Revision, women in Pakistan numbered 56.5 million in 1990, that is, 47.8 per cent of the population. It is estimated that by 1995 the number of women in Pakistan will rise to 64.7 million, or 48 per cent of the population (United Nations 1993, 584).

The 1981 census indicated that almost 72 per cent of Pakistani women lived in rural areas, while approximately 28 per cent lived in urban areas (Weiss 1993, 413-14). For the most part, women in rural areas work an average of 16 to 18 hours per day and will have up to eight children during their lives (Asia Watch and the WRP 1992, 26). The statistical data presented by Pakistani lawyer Rashida Patel in a recent article on women in Pakistan indicates the disparities in living conditions for women in urban and rural areas. According to this data, the literacy rate among women in the urban areas of Sindh is 42.2 per cent, in contrast to a rate of 5.2 per cent in the province's rural areas (Patel 1993, 34). In 1981, in the country as a whole, the rate in urban areas was 35.9 per cent, as against 6.6 per cent in rural areas (UNESCO 1992, 1-31). According to UNESCO estimates, the overall literacy rate among women in 1990 was 21.1 per cent (as opposed to 47.3 per cent among men) (ibid.). It should be noted that the measurement of literacy may include the ability to read the Koran (in Arabic), and therefore the literacy rates do not necessarily reflect the ability of Pakistani women to read and write the national language, Urdu (Khan 1987, 135). In its 1991 report, the Human Rights Commission of Pakistan (HRCP) explains that, according to the definition of literacy "adopted" by the Pakistani authorities at the time, any individual able to read printed words in any language could have met the literacy criteria (n.d. State of Human Rights 1991, 144).

According to demographers with Population Action International (PAI), approximately 80 per cent of Pakistani women have not received any schooling (IPS 8 May 1993). UNESCO statistics indicate that the rate of female enrollment in elementary schools in 1990 was 34 per cent, while the enrollment rate in secondary and post-secondary institutions was 29 per cent. In 1989, the university enrollment rate was 24 per cent (UNESCO 1992, 3-92, 3-178, 3-263). According to Patel, an increasing number of women enrolled in university level courses go into business, engineering, and, above all, law (1993, 34).

Statistics published by the International Labour Organization (ILO) for 1991-1992 indicate that women constitute only 3.9 per cent of the labour force in Pakistan (1992, 36). However, these official figures do not take into account the unpaid and bonded labour of peasants in rural areas or the often clandestine labour of workers in urban centres (Khan 1987, 135). Moreover, there has been a trend towards greater unemployment in recent years, which was aggravated by the return in 1991 of Pakistanis who had been employed in the Gulf region. The ILO estimates the rate of unemployment among Pakistani women at 16.8 per cent (World of Work 1993, 24).

According to Pakistani sociologist Nighet Saïd Khan, women accounted for only three per cent of civil service employees in 1987 and held fewer than one per cent of upper management positions. In spite of the constitution, women do not have access to certain positions in government, particularly, in 1987, in the Ministry of Defence (1987, 135).

Women also remain under-represented in the political arena. A 1985 clause in the constitution guaranteeing women 20 seats in the National Assembly was not renewed by the Bhutto government in 1990, and the November 1991 draft bill of the Sharif government, which would restore the seats, was subsequently shelved (Mumtaz and Shaheed 1987, 118; Country Reports 1992 1993, 1169). During her 1993 election campaign, Benazir Bhutto promised to put this clause back into effect (IPS 13 Oct. 1993). Only six women candidates ran in the 1990 elections, two of whom were elected (Country Reports 1992 1993, 1169), while only 13 women ran in the October 1993 elections (IPS 13 Oct. 1993). As for the electorate, official figures indicate that only 45 per cent of women went to the polls in November 1990 (ibid. 11 Aug. 1993). Members of the various European and American missions dispatched to Pakistan as observers for the October 1993 elections expressed concern about the low female voter turnout (AFP 8 Oct. 1993; HRCP Newsletter Oct. 1993, 7). The October 1993 elections generally had a low voter turnout, about 41 per cent (The Toronto Star 4 Apr. 1993a). This status is mirrored in the law and its application (Patel 1993, 36; Asia Watch and the WRP 1992, 25-40).

2.       THE LEGAL CONTEXT

2.1           International Conventions

Of the various international instruments pertaining to the status of women, Pakistan has ratified the Convention on the Political Rights of Women and the Conventions on the Abolition of Slavery and the Suppression of the Traffic in Persons (United Nations, Centre for Human Rights 1993, 6-7). In spite of the recommendations of various Pakistani and international human rights organizations (Petrén et al. 1987, 138; Asia Watch and the WRP 1992, 153; Weiss 1993, 435), Pakistan has not yet ratified the Convention on the Elimination of All Forms of Discrimination Against Women (United Nations, Centre for Human Rights 1993, 6), which unites in a single instrument many of the standards and principles concerning women's rights adopted by the United Nations in the first 30 years of its existence (United Nations 1986, 174).

2.2         The Constitution

Pakistan's current constitution was enacted in 1973 but was substantially modified in the context of the Islamization of Pakistani society, especially under the regime of General Zia Ul-Haq (1979 to 1988). Among other measures, the Eighth Constitutional Amendment Bill, passed in 1985, had serious repercussions for women's rights (Mumtaz and Shaheed 1987, 118). As a result of this amendment, none of the legislation passed under the military regime of General Zia, such as the Hudood Ordinances and the Law of Evidence, can be challenged before the Pakistani courts; rather, challenges to these laws must be raised in the National Assembly, which is free to decide whether or not they should be referred to an Islamic tribunal, the Federal Shariah Court (FSC) (ibid., 122 n.23; Petrén et al. 1987, 127). Nevertheless, according to Asma Jahangir, a lawyer with the Lahore High Court and chairperson of the HRCP, no government has the courage to challenge a law promulgated in the name of Islam (Asiaweek 11 Aug. 1993, 48).

With respect to women, the current constitution recognizes the equality of men and women before the law (art. 25); it prohibits all forms of discrimination, and especially sexual discrimination, within the civil service (art. 27) and it grants women the right to participate fully in all activities in the national arena (art. 34) (Devamithran 1993, 41-42).

Nevertheless, according to a number of women's rights observers and activists, these constitutional clauses do not provide Pakistani women with equality in the reality of daily life (Patel 1993, 32; Petrén et al. 1987, 137; Newsletter Dec. 1992, 9; HRCP n.d. State of Human Rights 1991, 67-68; Asia Watch and the WRP 1992, 25, 40), as evidenced by certain practices and certain pieces of legislation described in the following sections.

2.3 Other Relevant Legal Provisions

In addition to the fundamental rights entrenched in the constitution, various pieces of legislation concerning women's rights have been incorporated into Pakistani law.

Still in effect today, the Muslim Shariat Application Act (ibid., 29) adopted by Jinnah in 1937 granted Muslim women inheritance rights which they had been denied under British rule. Although the passage of this law was an improvement, it should be noted that Jinnah had first struck agricultural land from the list of properties women could inherit (ibid., 29-30). Further, in keeping with the constitution Land Revenue Rules, a woman cannot hold the post of lambardar (village administrator or tax collector). However, in April 1993 the Pakistani daily newspaper Dawn reported the case of a Pakistani woman who successfully petitioned the superior court for the right to hold the post of lambardar which she had inherited, along with land, from her father (Newsheet 1993b, 25).

In 1955, the Pakistani government set up a commission to study marital and family law. In spite of harsh criticism from traditional religious leaders, the recommendations of this commission were largely incorporated into the Muslim Family Law Ordinance in 1961 (McDonough 1987, 126-127; Asia Watch and the WRP 1992, 31; Shaikh 1989, 206). The practice of polygamy has been circumscribed since the husband must, in principle, obtain the prior consent of his first wife and of an arbitration committee before marrying a second wife (Patel 1979, 92-93; Asia Watch and the WRP 1992, 31; Matsui 1989, 96). Also, under the 1961 law, all marriages must be registered, which eliminates the much abused customary practice of divorce by declaration, that is, a divorce obtained by uttering the word "divorce" (talaq) three times (Mumtaz and Shaheed 1987, 58). Furthermore, the law grants women the right of divorce on the condition that a clause to this effect was written into the marriage contract (nikah nama) at the time of the marriage (Patel 1979, 92-93; Matsui 1989, 96; Asia Watch and the WRP 1992, 31). However, according to the HRCP, men continue to have an advantage in divorce proceedings and can dissolve a marriage more easily than can women (n.d. State of Human Rights 1991, 67) . Men's access to divorce appeared to be facilitated by the 1992 decision of a Pakistani judge who declared that the new family law was not consistent with Islam and advocated returning to the talaq. The judge's decision, however, was later overturned (ibid.). The equality of women's rights in the area of marriage, divorce and child custody, as well as the due registration of marriages, continues to be a concern, as indicated in a series of recommendations to the government made by a conference on legal reforms that was organized by the HRCP in April 1994 (Mumtaz and Shaheed 1987, 99; Khan 1987, 136). According to Khan, the most destructive of these pieces of legislation were the 1984 Law of Evidence (Qanun-e-Shahadat), which stipulates that the testimony of a woman is worth only half that of a man, and the 1979 Hudood Ordinances (ibid.). The Qisas-e-Diyat bills proposed in 1980 extended the area of legal discrimination against women to cases of murder, bodily injury and abortion. Qisas means literally "'punishment' (inflicted by family and friends of the victim on the perpetrator) and includes all punitive measures which follow the logic of the dictum, 'an eye for an eye, a tooth for a tooth'." The Qisas does not apply to cases where a woman is the sole witness to a murder. As for the Diyat, financial compensation taking the place of punishment, the bill stipulates that compensation is reduced by half in cases where the victim is a woman (Petrén et al 1987, 135; Mumtaz and Shaheed 1987, 110-111).

The women's movement and organizations promoting human rights vehemently opposed these pieces of legislation during the 1980s and continue to denounce their discriminatory character (ibid.; Jilani 1992, 71-74).

Section 3.3.2 describes the impact of the Hudood Ordinances and the Law of Evidence on women in Pakistan.

2.3.1            The Shariah

As soon as he assumed office in November 1990, Nawaz Sharif promised to make the shariah the supreme law of Pakistan. In May 1991, the Shariah Act was adopted by the National Assembly (News from Asia Watch 19 Sept. 1993, 5; Keesing's Apr. 1991, 38152; ibid. May 1991, 38193).

The adoption of the shariah contributed to the consolidation of the Islamic legal structure established by Zia. In 1980, General Zia created the Federal Shariah Court (FSC), an Islamic tribunal given the task of ensuring that the regulations, procedures and decisions stemming from any legislation would be consistent with the shariah. The FSC has the power to demand revisions to national laws at any time, and its decisions take precedence over those of the higher and lower courts. The members of the FSC are not always judges; they are named by the government and can be dismissed by it at any time (Country Reports 1992 1993, 1163; Asia Watch and the WRP 1992, 102).

The Shariah Act has been the target of much criticism from women's and human rights organizations (ibid., 111; Women Living under Muslim Laws Jan. 1992, 7). It gives Islamic law precedence over the constitution. And although a clause guaranteeing women's rights established by the constitution was incorporated into this law, women fear that this measure is insufficient to protect the rights they have acquired through reforms, such as those concerning Islamic family law, which are not entrenched in the constitution (ibid., 2, 4; Asia Watch and the WRP 1992, 40). Moreover, according to Hina Jilani, a Pakistani lawyer with the Lahore High Court and a women's rights activist, the adoption of the shariah means that legislative power is transferred from elected representatives to an unrepresentative Islamic legal body, which undermines the entire democratic system (ibid., 113). Country Reports 1992 adds that the adoption of the shariah has reinforced traditional perceptions and attitudes, thereby creating a climate in which discrimination against women is more acceptable (1993, 1170).

2.3.2                The Hudood Ordinances

The 1979 Hudood Ordinances, which came into effect in 1980, bring together five Islamic laws applying to theft (Offences Against Property Ordinance), to the prohibition of alcohol and narcotics (Prohibition Order), to zina, that is, to rape, abduction, adultery and fornication (Offence of Zina Ordinance), to qazf, that is false accusation of zina (Offence of Qazf Ordinance) and to the type of flogging inflicted for infractions of any of the aforementioned laws (Execution of the Punishment of Whipping Ordinance) (Jahangir and Jilani 1990, 23; Asia Watch and the WRP 1992, 48). It is the last three of these laws which have had the greatest impact on women, in spite of the fact that the ordinances apply to all Pakistanis regardless of faith or gender (ibid., 48, 52; Country Reports 1992 1993, 1162; Jahangir and Jilani 1990, 24).

The severity of punishment for infractions of the zina ordinance varies according to religious affiliation and the marital status of the accused party, and depends as well on the testimony and evidence supporting the charge. If the accused is a married adult Muslim who has confessed to the crime and if four men have testified to the act, the accused is sentenced to be stoned to death. In the case of a non-Muslim or an unmarried Muslim, the accused is sentenced to 100 lashes (ibid., 24, 49-50). The penalties are the same whether the crime is rape, adultery or fornication; they are the maximum (hadd) punishments and cannot be commuted (ibid., 49; Asia Watch and the WRP 1992, 50). In those cases where grounds exist but where the above conditions cannot be met, the accused will receive a less severe sentence, tazir (ibid.; Jahangir and Jilani 1990, 24). While women cannot testify in hadd cases, they may do so in tazir cases. However, their testimony will not necessarily be admitted or considered equal to that of a man. Less severe sentences include 25 years in prison and 30 lashes for rape, and ten years in prison, 30 lashes and a fine for adultery or fornication (Asia Watch and the WRP 1992, 50-51). According to Charles Kennedy, professor of political science at Wake Forest University in North Carolina, the maximum sentence or hadd has never yet been carried out (1 Mar. 1994). Less severe sentences or tazir have been carried out in the past, most often in the form of public flagellation in rape cases (Asia Watch and the WRP 1992, 51; Newsletter Dec. 1992, 19-20).

In keeping with the law, any individual who makes false zina accusations may be charged with defamation (qazf) and is subject to a maximum sentence of 80 lashes, provided the qazf charge is corroborated by the testimony of two Muslim men, unless the accused is a non-Muslim. In less serious cases, the accused may receive a less severe sentence: two years in prison, 40 lashes and a fine (Jahangir and Jilani 1990, 24; Asia Watch and the WRP 1992, 66). Jahangir and Jilani, co-authors of The Hudood Ordinances: A Divine Sanction?, point out that such defamation charges are rarely laid (1990, 80).

In 1979, Islamic law pertaining to zina replaced the sections in the Pakistani penal code regarding rape, according to which forced sexual intercourse constitutes rape. However, in keeping with the Islamic law, rape is judged to have occurred only if the sex act takes place outside the bonds of marriage, against the will of the victim, without the consent of the victim, with consent of the victim obtained under duress, or with the consent of the victim obtained by deceit about the marital status of the alleged perpetrator (Asia Watch and the WRP 1992, 48). Among other things, the new law pertaining to zina excludes any notion of marital rape, since rape is by definition an extra-marital offence (ibid., 49; The Simorgh Collective 1990, 44).

The discriminatory effects of the 1979 law are evident not only in the interpretation of the law but also in the procedures for investigating and hearing cases (Jilani 1992, 72; Asia Watch and the WRP 1992, 53). First of all, women must supply "extraordinarily conclusive proof" to support a rape charge; medical evidence of pregnancy, forced penetration or bodily harm are often considered inadequate (ibid., 51, 54-57). Further, in cases where the alleged perpetrator is acquitted, which happens frequently, the rape charge can be converted into an adultery or fornication charge applying not only to the accused but to the rape victim as well (ibid., 55-59; The Simorgh Collective 1990, 76). Moreover, medical evidence given by the victim in support of a rape charge can be used against her as proof of adultery or fornication (Amnesty International Dec. 1993, 11; Asia Watch and the WRP 1992, 55-59). This procedure favours the perpetrator who can thus escape with a less severe sentence than that expected for the crime he has committed (ibid.).

Most women prefer to remain silent about being victims of sexual assault. Rather than being the accuser, women are far more likely to be falsely accused of adultery or fornication by disgruntled husbands, bitter ex-husbands, families displeased with the choice of a spouse, or by police officers who use it as a means to extort money or as a form of harassment to exercise control over the population as a whole (ibid., 60-65; The Simorgh Collective 1990, 75). According to Asia Watch and the WRP, the courts rarely bring zina charges against rape victims. In practice, the victim is "excused" and the accused is given the benefit of the doubt. Thus, in most rape cases, the charge is converted into a charge of fornication against the aggressor alone. Even if the victim is cleared of all charges, she must nevertheless bear the shame of an act to which it is believed she consented and which is considered unacceptable in Pakistani society (Asia Watch and the WRP 1992, 59). And although most charges are dismissed on appeal, the accused parties are often imprisoned for a long period of time before they appear before a judge (ibid., 68).

3.     ISSUES

3.1       Violence Against Women in 1992

According to the HRCP, the number of reported rapes significantly increased in 1992 (n.d. State of Human Rights 1991, 67-69). In Punjab alone, about 1,300 rapes were reported to the Pakistani organization War Against Rape (WAR) between January 1992 and January 1993 (WAR Newsletter Apr. 1993, 2). The Human Rights Commission estimates that in Pakistan a woman is raped every six hours. The Pakistani organization also reports an increase in the number of abductions, murders and other cases of violence against women in 1992 (n.d. State of Human Rights 1991, 67-69).

3.1.1             Violence Against Women in the Prison System

According to Asia Watch and the Committee for the Repeal of the Hudood Ordinances, more than 2,000 women are currently held in Pakistani prisons under the Hudood Ordinances (Newsheet 1993a, 8; Country Reports 1992 1993, 1162). In addition, human rights activists in Pakistan report that 85 per cent of the women in police custody fall victim to sexual assault during their detention (Amnesty International Dec. 1993, 10).

3.1.1.1 Police Procedures

There are two levels within the Pakistani police force: one under federal jurisdiction, the Federal Investigation Agency (FIA), and the other under provincial jurisdiction. (World Police 1985, 153; World Encyclopedia of Police Forces 1989, 297; Asia Watch and the WRP 1992, 70). Each province has its own police force under the authority of an inspector general named by the provincial government. Police stations are organized by district and are placed under the supervision of a district superintendent and his assistants who are also named by the provincial government (ibid.). In large cities, the police force is part of a municipal structure, also under the authority of the provincial inspector general (World Encyclopedia of Police Forces 1989, 297).

According to the Pakistani Code of Criminal Procedure (CPC), police may arrest an individual without a warrant provided they can show "reasonable suspicion" or if they have received "credible information" or "reasonable complaints" concerning a suspect's involvement in a crime (Asia Watch and the WRP 1992, 71; Amnesty International Dec. 1993, 9). Judges of the district court must be notified of any arrest made without a warrant, although time limit period has been established for this purpose. Within 24 hours following the arrest, suspects must appear before a judge who can place the suspect in detention for 15 days, the time required for the police to conduct an investigation (World Encyclopedia of Police Forces 1989, 300; Asia Watch and the WRP 1992, 71). When a woman is arrested, the superintendent must be notified immediately, and the detainee must be assigned a female guard and must not be detained at the police station overnight unless circumstances so require (ibid., 72-75). In October 1992, the Sharif government approved an amendment to the Code of Criminal Procedure to the effect that women may not be kept in detention at police stations at night and can only be interrogated in the presence of their husbands or a close male relative (Amnesty International Dec. 1993, 13). The amendment provides for the detention of women in courthouse lock-ups and stipulates that they may be transferred to police stations for the purposes of interrogation only, pursuant to a court order. According to Amnesty International, this amendment has not yet been passed by the National Assembly (ibid.).

In accordance with the Code of Criminal Procedure, all information regarding a crime, and especially the date of the deposition, must be recorded in a preliminary report (First Information Report - FIR) by the chief of police at the station where the crime was reported (Asia Watch and the WRP 1992, 70-71). The 24-hour period between the arrest and the suspect's appearance before a judge is determined from the time of the deposition recorded in the preliminary report, and therefore in the absence of this report the accused may be detained indefinitely without the court being informed (ibid., 74).

According to human rights groups, there is considerable abuse by the police of their powers, particularly in regard to arrest without a warrant. Further, they often fail to follow procedure, refusing, for instance, to fill out preliminary reports. Hence, many Pakistanis end up in detention for long periods of time before the court is notified of their arrest. It is during these periods of "invisible" detention that most cases of sexual assault against women are reported (ibid.; Amnesty International Dec. 1993, 26).

3.1.1.2 Sexual Assault in the Prison System

Studies carried out in the last few years indicate that the situation of women in Pakistani prisons is deplorable. These studies explain, in particular, the reasons for detention, the situations in which sexual assault occurs, and why these crimes go unpunished (Jahangir and Jilani 1990, 131-140; Asia Watch and the WRP 1992, 1-9).

According to a 1987 study conducted in a prison in Multan, Punjab, conjugal homicide and breaches of the Hudood Ordinances are the main reasons for the incarceration of women (ibid., 45). It is important to note that these women are often falsely accused of violating the Hudood Ordinances (see section 3.3.2) (ibid., 60-65; HRCP n.d. State og Human Rights 1991, 69). The majority of these women are poor and illiterate. They do not know their rights or what law they are accused of having broken. In addition, since they cannot afford to hire a lawyer, they may remain in detention for years (Asia Watch and the WRP 1992, 43-44). Non-governmental legal aid services are available, but most of these services are offered only in large urban centres (WAR Newsletter Apr. 1993, 8; Newsletter Dec. 1992, 9: The Simorgh Collective 1990, 86; UPI 9 Mar. 1992; WIN News Summer 1993, 56).

The prison system comprises three types of detention cells to which prisoners are assigned according to the nature of their crime and the social class to which they belong (Country Reports 1992 1993, 1162). In theory, the rules that govern prison life in Pakistan meet the requirements set out in the Standard Minimum Rules for the Treatment of Prisoners adopted by the United Nations in 1955 (Asia Watch and the WRP 1992, 87). In practice, however, prison conditions in Pakistan leave much to be desired (HRCP n.d. State of Human Rights 1990, 44). The regulations are often not respected and medical services for women, especially post-natal care, are inadequate (Jahangir and Jilani 1990, 137; Asia Watch and the WRP 1992, 88-90). Police stations have detention cells ("police lock-ups") and so do district courthouses ("court lock-ups"). According to Asia Watch and the WRP, the detention conditions in police stations are deplorable. In Karachi, detention cells visited by this American organization were cramped and lacked basic facilities. Moreover, according to some Pakistani women lawyers, these cells are almost always overcrowded (ibid., 76-77). It is in these "lock-ups" that most cases of sexual assault reportedly take place (ibid., 89). The incidence of sexual assault in prisons is lower because of the greater number of female prison guards (ibid., 90).

Once in detention, women are at the mercy of policemen. Some women are asked to exchange sexual favours for their release; others are simply raped. Furthermore, some policemen resort to sexual assault in order to extract information or to force the victim to incriminate her spouse, other members of her family or her friends (ibid., 69; Country Reports 1992 1993, 1161).

According to Country Reports 1991, and Asia Watch and the WRP, there are three reasons why the number of reported rapes in the Pakistani prison system does not accurately reflect the reality of the situation.

First, many women choose to keep quiet about these rapes because of police intimidation and family pressure; since rape is a taboo subject, these women are also in danger of being ostracized by their family and friends, and even banished from their homes if they speak out (Country Reports 1991 1992, 1550; Country Reports 1992 1993, 1162; Amnesty International Dec. 1993, 11). Amnesty International reports the case of Malang Mohammad Siddiq, who pressed charges against the assailants of his daughter, who was raped in September 1992 by four village notables. During that month, Siddiq was shot and killed (ibid.). In some cases involving sexual assault policemen have also intimidated and threatened lawyers (HRCP n.d. State of Human Rights 1991, 19).

Second, it is difficult to lay rape charges with police authorities who sometimes refuse to record the incident in their preliminary reports (WAR Newsletter Apr. 1993, 4; The Simorgh Collective 1990, 67; Amnesty International Dec. 1993, 12-18). This happens particularly when the individuals accused of rape are members of the police force or of the army, or are associated in some way with government authorities (ibid., 12). Policemen accused of sexual assault are, in fact, rarely prosecuted and rarely punished. At best, they are charged with contempt of court, freed on bail, and then transferred to another province. Moreover, the investigations are conducted by policemen, and they tend to protect each other (Country Reports 1992 1993, 1162;The Simorgh Collective 1990, 67).

Third, as explained in section 3.3.2 on the Hudood Ordinances, the discriminatory nature and practice of the law ensures that women who lay charges have little chance of winning their case (ibid., 75-76; Jilani 1992, 72; Asia Watch and the WRP 1992, 51-65; Amnesty International Dec. 1993, 11).

3.1.2            Conjugal Violence

Conjugal violence appears to be widespread in Pakistan, but it is rarely reported to the authorities for fear of provoking the wrath of the husband or the family (UPI 9 Mar. 1992). Still, much has been written about this taboo subject in the last few years, especially in the Pakistani press (Country Reports 1992 1993, 1171).

According to the HRCP, the number of cases of conjugal violence increased in 1992. "Dowry-deaths," specifically those resulting from burns caused by explosions in defective and dangerous ovens, are still the most common type of conjugal violence (ibid.; HRCP n.d. State of Human Rights 1991, 69). The victim's husband or her in-laws commit these murders when they are dissatisfied with the dowry or with their daughter-in-law (Country Reports 1992 1993, 1171). Although the dowry custom was prohibited by law in 1974 (Dowry Prohibition Act), women continue to be victims of the violence associated with this practice (Women's Movements of the World 1988, 211; Patel 1993, 35; Jilani 1992, 68-69). In 1991, the Lahore High Court took cognizance suo moto of one of these murder cases; it ordered the police to press charges against the manufacturers and to interrogate the husband and his family about the circumstances surrounding the victim's death (ibid., 69).

Country Reports 1992 also draws attention to cases of women murdered or mutilated by their husbands who suspect them of infidelity (1993, 1171). This was the case of Parveen Martha who was severely burned by her husband who suspected her of being unfaithful. In the November 1993 issue of the Ottawa Tribune des droits humains (Human Rights Tribune), Parveen relates that at the hospital where she was taken for treatment, nobody asked her how she had acquired her injuries (25). When she left the hospital, Parveen, branded "unfaithful," wound up losing her house and her children, and enmeshed in divorce proceedings for which she could not afford to hire a lawyer (ibid.).

Human rights and women's rights activists more and more frequently decry conjugal violence in Pakistan. In March 1993, hundreds of women participated in a candlelight demonstration in the streets of Islamabad to celebrate International Women's Day and particularly to draw attention to the plague of conjugal violence (UPI 9 Mar. 1992). According to Jilani and The Simorgh Collective, the judicial system does not respond adequately to the needs of women who are victims of violence (Jilani 1992, 70-71; The Simorgh Collective 1990, 67-68). However, a few women's centres have been established in recent years in large cities, such as Islamabad, Karachi and Lahore. Furthermore, women may call upon other organizations for social and legal aid, such as the Pakistan Women Lawyers' Association (UPI 9 Mar. 1992; WAR Newsletter Apr. 1993, 1, 8; CCA News Mar.-Apr. 1993, 10; WIN News Summer 1993, 56; The Globe and Mail 14 Aug. 1993; Asiaweek 30 Oct. 1992). According to Rashida Patel, a lawyer and the organization's president, 70 per cent of the women who come to the association's legal aid centre are seeking protection from conjugal violence (UPI 9 Mar. 1992).

3.2     Discrimination Against Female Children

According to American political scientist Anita Weiss, the women-to-men ratio clearly reflects the subordinate status of women in Pakistani society (1993, 415). World Population Prospects, published by the United Nations in 1993, estimates that there are 91.89 women for every 100 men in Pakistan, for the period 1990-1995 (ibid., 415; United Nations 1993, 548; The Toronto Star 4 Apr. 1993b), or 6.3 million more men than women. According to a report produced by UNICEF and the Pakistani government, "the preference accorded men [in Pakistani society] results in the unwitting neglect of baby girls, and thereby in a higher rate of female infant mortality" (ibid.). The United Nations demographic yearbook provides data indicating that in 1991 there were 55,683 cases of female infant mortality, as against 42,427 cases of male infant mortality for children from one to four years of age (1992, 378). Likewise, the HRCP indicates that the infant mortality rate in 1992 was significantly higher for girls than for boys (n.d. State of Humans Rights 1992, 69).

According to Asia Watch and the WRP, maternity-related deaths number 26,000 per year on average (1992, 26). Moreover, a report published by the United Nations in 1991 indicates that about 80 per cent of pregnant women and breast-feeding women suffer from malnutrition (ibid, 26). In February 1993, a demonstration organized by the Safe Motherhood Association in Faisalabad drew attention to the importance of safe and healthy maternity conditions (Safe Motherhood July-Oct. 1993, 1).

3.3            Women Belonging to Minority Groups

The majority of Pakistanis are Sunni Muslims and can be distinguished by the ethnic groups to which they belong: Punjabi, Sindhi, Baluch and Pathan, among others. Religious and tribal affiliations within these main ethnic groups further subdivide the Pakistani population. For example, there are Hindu, Christian and Ahmadi minorities, especially in Punjab and Sindh, and tribal minorities mainly in the border provinces of Baluchistan and the North-West Frontier Province, as well as in Sindh (Encyclopedia of the Third World 1992, 1971; Pakistan: A Country Study 1983, 78; Atlas of Pakistan 1985, 65). According to many human rights observers in Pakistan, Pakistanis who are members of religious minorities are often the target of discrimination (Karim 11 March 1993, 6; Newsletter Dec. 1992, 8; News from Asia Watch 19 Sept. 1993). According to the HRCP, the women belonging to these communities are particularly vulnerable (n.d. State of Human Rights 1992, 47). The Human Rights Commission reports, among other things, a wave of conversion of young Christian women to Islam; these are sometimes forced conversions but are mainly attributable to the deterioration of the situation of non-Muslims in Pakistan (ibid.). Many Christians also fear forced marriages of Christian women to Muslim men (Country Reports 1992 1993, 1171). It is in this context that Eve's Protector, an organization whose goal is to assist Christian women who are victims of human rights violations, opened its doors in Karachi on 8 January 1993 (CCA News Mar.-Apr. 1993, 10).

However, the fate of Pakistani women is determined mainly by their social class and the region in which they live (Mumtaz and Shaheed 1987, 21). For example, a very strict code of conduct and system of tribal beliefs govern the life of women in the less populated regions of the North-West Frontier Province and of Baluchistan (ibid.). According to Mumtaz and Shaheed, these women are virtually invisible to the public. Generally speaking, the women in tribal societies strictly observe the purdah, which dictates that a woman must remain out of the sight of men (ibid., 22; Pakistan: A Country Stydy 1983, 86). For Baluchis, as for the Pakthuns, the purdah is a way to ensure the purity of women, on which the honour of the men depends (ibid., 90, 97). The women are completely bound by the ways and customs of their society. They have no say in the choice of their husband, and, once married, they become his property (Mumtaz and Shaheed 1987, 21). Among the Pathans, women rarely have the right to inherit or to divorce (Pakistan: A Country Stydy 1983, 87, 90). According to Jahangir and Jilani, a woman accused or even suspected of zina must redeem the honour of her family with her life (1990, 70).

The importance of purdah in tribal societies explains, in part, the low female voter turnout in the elections (IPS 13 Oct. 1993; ibid. 11 Aug. 1993). In some places, the authorities try to discourage women from voting by not providing separate voting areas for women who adhere to the purdah. Some women refuse to unveil themselves in front of male employees at the voting station; hence, they cannot reveal their identity in order to vote (Country Reports 1992 1993, 1169). And yet, according to a member of the Women's Action Forum (WAF), politicians often manipulate the women's vote. Leaders who anticipate defeat may set aside their principles and tribal beliefs and call upon women to vote (IPS 11 Aug. 1993). This is the type of problem highlighted by Professor Weiss, who was an international observer stationed in Pishin, in Baluchistan, for the October 1993 elections. According to Weiss, in the entire Pishin region there was only one polling station with a separate voting area for women, and occasionally men cast votes for women (15 Nov. 1993). In October 1993, fewer than ten per cent of the women went to the polls in the conservative regions like the North-West Frontier Province (IPS 13 Oct. 1993).

The insufficient number of classrooms for girls, the low level of industrial development and the small number of urban centres in these regions are among the obstacles to the improvement of conditions for women in tribal communities (Mumtaz and Shaheed 1987, 22).

3.4                Trafficking in Women

According to Lawyers for Human Rights and Legal Aid (LHRLA), more than 200,000 women from Bangladesh between the ages of 10 and 25 have been sent to Pakistan in the last few years to be delivered into slavery or prostitution (AFP 15 July 1993; The Washington Post 16 Feb. 1993). A report published in April 1993 by this Pakistani organization stresses that, once in Pakistan, these women can be arrested in accordance with the Immigration Act and the Hudood Ordinances. In prison, they are subject, like so many other women, to sexual assault by policemen. The pimps harass these young women, often in collusion with the police, and lead them to believe that it is only with their help that they can be released on bail. In return, the women must go back to work for them. Many organizations that actively promote human rights have brought the conditions of these women to the attention of the governments of Pakistan and Bangladesh (LHRLA 1993, 15-16; Asia Watch and WRP 1992, 7). According to Country Reports 1992, the authorities in Pakistan and Bangladesh took steps in 1990 to repatriate these women, but they continue to arrive in Pakistan. Few of them can go back to their own country or are willing to do so (1993, 1168) and, according to the LHRLA, the government has not yet taken any concrete steps to stem the flow of illegal immigrant women at the Pakistani border. The LHRLA mentions, however, that it has succeeded in persuading the Pakistani federal government to pressure the Sindh provincial government to bring legal proceedings against those responsible (1993, 23).

Pakistani women are also victims of the flesh trade. According to Keilash Satyarthi, the president of the South Asia Coalition on Child Servitude in India, young Pakistani women are sold to Iraqi and Iranian slave-traders (The Christian Science Monitor 26 Oct. 1993). Pakistan is a signatory to international instruments regarding the traffic in persons (United Nations, Centre for Human Rights 1993, 7).

4.                WOMEN'S ASSOCIATIONS AND ORGANIZATIONS IN PAKISTAN

With the exception of the women's wing of the Muslim League Party formed by Jinnah under British colonial rule, the Women's Voluntary Service (WVS) is the first women's movement to have emerged in Pakistan. Founded in 1947 by Ranaa Liaquat, the wife of the prime minister at the time, the WVS's mission was to assist the refugees stemming from the partition of the Indian sub-continent. The WVS has opened the way to the formation of many women's organizations (Mumtaz and Shaheed 1987, 50-52). One of these is the All Pakistan Women's Association (APWA), also founded by Liaquat in 1949. Today the APWA is affiliated with numerous international organizations and plays an advisory role in relation to the government (Women's Movements of the World 1988, 211).

Women's movements did not gather momentum until the late 1970s, during the reign of Zulfikar Ali Bhutto. Aurat and Shirkat Gah are among the organizations that came into being during this period. These two organizations, which heralded the emergence of feminism in Pakistan, have played an important role in the promotion of Pakistani women's rights and remain actively involved in women's issues in Pakistan (WAR Newsletter Apr. 1993, 8; Encyclopedia of Women's Associations Worldwide 1993, 80; Mumtaz and Shaheed 1987, 66-67). The Islamization campaign undertaken by General Zia during the 1980s further galvanized the mobilization of women in Pakistan (ibid., 68; Weiss 1993, 431). Indeed, the Women's Action Forum (WAF), one of the most militant Pakistani organizations within the women's movement, evolved from Shirkat Gah's response to Zia's campaign (Mumtaz and Shaheed 1987, 68). These are the principal associations that challenged the constitutional amendments and the laws passed by the Zia government (Weiss 1993, 437). Since martial law was lifted, the number of organizations working for the cause of women in Pakistan has continued to grow (Newsletter Dec. 1992, 8; LHRLA 1993; WIN News Summer 1993, 56; ibid. Fall 1993, 56; WAR Newsletter Apr. 1993, 1, 8; Encyclopedia of Women's Associations Worldwide 1993, 78-80). For example, as mentioned earlier in this document, Pakistani women can obtain legal and medical assistance as well as consultation services from centres such as Bedari and Roshni in Islamabad, Eve's Protector in Karachi, Behbood in Rawalpindi, and AGHS Legal Aid Cell in Lahore, to name but a few (WIN News Summer 1993, 56; Asiaweek 30 Oct. 1992, 33; CCA News Mar.-Apr. 1993, 10; Newsletter Dec. 1992, 9; WAR Newsletter Apr. 1993, 8; Reuters 15 Jan. 1991; The New York Times 26 Mar. 1989; Encyclopedia of Women's Associations Worldwide 1993, 78-80).

5.    FUTURE CONSIDERATIONS

According to Hina Jilani, social attitudes must change and laws must be strengthened to end violence against women. But in Pakistan today, the law itself subjects women to exploitation and violence (1992, 66-67, 73).

The election of Benazir Bhutto as head of the Pakistani government in October 1993 is an encouraging sign for women's rights activists who believe that the defeat of the religious parties in the last elections may facilitate the reforms Bhutto proposes to carry out to improve the conditions of women (IPS 13 Oct. 1993). Indeed, in the last elections the platform of the Pakistan People's Party included the repeal of discriminatory laws, the establishment of tribunals for women, an increase in the number of women in the civil service and the creation of a women's police force (ibid.). Bhutto has kept the last of these promises: on 25 January 1994, Reuters reported the establishment, in Rawalpindi, of a police station for women only and administered exclusively by women. Nevertheless, as Jahangir explains, it is very difficult to repeal or amend laws that were promulgated in the name of Islam (Asiaweek 11 Aug. 1993). Moreover, the survival of the government depends on the stance of the parties in the coalition, and this situation raises doubts as to whether the prime minister will be able to carry out some of the promised reforms (La Presse 20 Oct. 1993; India Today 15 Nov. 1993, 110).

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