Are CII’s objections to domestic violence bill unfair? (Pakistan)

Former federal minister for information and broadcasting Sherry Rehman has said that domestic violence is a reality for a large majority of women in Pakistan and legislation to protect them from this form of crime is a part of the responsibility of parliament to deliver on citizens’ rights.

Commenting on the reservations expressed by the Council of Islamic Ideology on the recent legislation on the Domestic Violence (Prevention and Protection) Act 2009, Sherry Rehman, who had authored the original bill on Domestic Violence in 2004, said that unjust criticism of the law was a disservice to those who suffered abuse in their private relationships. “This bill has come about following extensive consensus-building exercises over the years, and it comprehensively lays down provisions to address all issues related to domestic violence. Targeting the bill for its context seeks to damage the cause of rights protection that we, as public representatives, are obliged to defend.”

The CII describes the law as “discriminatory,” and warns that it could provide police an opportunity to violate the “sanctity of home,” and encourage divorce rates. “The CII’s description of the law as ‘discriminatory’ is unfair. In its definition of ‘victim’, the law covers women, men, children and any vulnerable person who has been in a domestic relationship with the accused. This certainly offers protection to anybody involved in a domestic association with the accused. The Council’s objections that it offers no protection for old, weak and indisposed men are off the mark. Besides, it’s a reality that it is mainly women, who are subjected to domestic abuse in our country. According to a number of independent reports, 80 percent of women in Pakistan face some form of violence in their house.”

The PPP parliamentarian said that the CII’s objections regarding the possibility of violation of the sanctity of home ignored the fact that domestic violence took place within the confines of home. “It is the responsibility of the state to provide protection to its citizens in public and private space. There is no way the state could allow its citizens to be subjected to any kind of abuse just because it takes place in a private setting.”

Sherry Rehman also criticised the CII’s reference to increase in divorce rates as a result of this law. “Does this mean that we should let our citizens suffer in silence because taking a stand against rights abuse could lead to separation from the person who violates the sanctity of a relationship? Surely, no association could survive in any way if it is characterised by imbalances, abuse, and unfair domination of one person over the other. Most importantly, we have to arrive at a consensus on the point that it is not the party that takes a position on this crime, who brings shame to the family. It is the perpetrator of the crime who brings disgrace to the family, and causes fissures in a given relationship. Islam certainly does not condone abuse of women or any vulnerable member of society, either, and in fact valourises justice above all else.”

Sherry also dismissed the CII’s criticism on the authority of the National Commission on Status of Women to review laws contrary to women’s rights. “Review of laws related to women is a part of the mandate of the NCSW, which was constituted by Shaheed Mohtarma Benazir Bhutto for the very purpose of protection of women’s rights. There is a general agreement on the gaps present in our laws addressing crimes against women. Our social system too deprives women access to fundamental freedoms and protection. Any step to mend the situation should only be seen as a positive development for gender justice in our society.”

Sherry Rehman said that the adoption of the bill in parliament was the first step towards institutionally addressing a heinous crime that unfortunately, characterised the domestic relationships of large majority of women in Pakistan. “We, as public representatives, public institutions and parliamentarians are obliged to deliver on citizen’s rights. This law has already travelled a long journey since the first draft that I prepared was sent to the Senate Standing Committee for review in year 2004. It took the law five years to reach parliament and become a part of our legislation. We ought to move towards implementation now, and support from institutions such as the CII and law enforcement agencies is critical for the purpose. There is always space for improvement in areas where the law is inadequate in addressing domestic abuse, but dismissing it as an unnecessary piece of legislation is a let down for millions of our citizens who have no recourse to justice when their rights are compromised in their own homes.”



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The hands that rock the cradle, rule the world. The first and foremost institution for a child is their mothers' lap - for, what is bred in the bones can never come out of the flesh. The formative period is vital for character building. Islam not only emancipated women, but also enjoined them to learn the worldly knowledge simultaneously with the religious knowledge one has to learn compulsorily. Women may not opt the role of bread winners, if they could, but women have to play the role of mother, eventually. An enlightened mother with benefits of both worlds - the material and the spiritual, acts like a beacon of light to brighten the future of their progeny. In the modern times, nearly half of the population can never be held back or chained in customs to live a subdued life of ignorant womenfolk destined to do the rituals of the beast of burden. What a terrible waste of human capabilities and capacities!!! It is heartening that in Pakistan, our women are excelling in all departments of activities considered the exclusive preserve of macho men. We have women pilots flying our commercial liners as well as our fighter jets. Our women today are fighting crime shoulder to shoulder with their men colleagues in the Police and Customs. Prior to this senseless and sinister WoT, I had my tour of duty in Waziristan where I witnessed the kids - boys and girls - walking to their schools with their faces lit up with joy of purpose. There was a huge compound that housed both schools - for boys and for girls with a wall erected to separate the two. The parents - mostly half-educated - would make sure that their kids were dressed, fed and ready to walk their daily lap to the school. In the wake of that obnoxious WoT, we see or shall I say, made to believe that those tribal are desecrating the educational institutions, in particular, girls schools, razing them to the ground. There are a lot of factors that have combined with the frenzy and frustration of those tribal driven to the wall by aggression from without and miserable miltary action from within whose lives and livelihoods are mortgaged to the whims and fancies of foreign forces forcefully converting their lifestyles and their perceptions. PPP govt is renowned for its tall talks and dismal performances. Let us hope against hope that this time they mean business and honesty of purpose - quite a demand on our credibility.

source:www.thenews.com.pk