Violence against women in Pakistan

On the International Day for the Elimination of Violence Against Women, AWID interviews Muhammad Usman Ghani - Lawyer and Chairman of Survive Welfare Organisation in Pakistan, where violence against women remains amajor concern. By Rochelle Jones. Resource Net Friday File Issue 252, November 2005

AWID: Tell us about the work of Survive welfare Organization - how did the organization evolve? What specific work is the organization doing?

Muhammad Usman Ghani: Survive Welfare Organization (SWO) is a non government and non profit organization working in Pakistan since May 04, 2004 with the sole object to provide the basic necessities of life and to solve grievances. Specifically, the SWO was established for the welfare and betterment of neglected women in Pakistan deprived of their basic constitutional rights, and to provide women with the basic necessities of life like education, health and protection. SWO applies all its funds for the welfare and protection of women, and works for the safety and protection of innocent women who are victims of domestic violence, sexual assault, sexual harassment and those women who have deserted from their houses.

SWO also provides free legal aid and legal advice to indigenous women who can not afford expensive legal consulting for acquiring their legitimate rights being encroached by a cruel society. The organization helps women to register their cases with police so as to put the law in motion, and similarly files civil / criminal suits in the court so as to protect and preserve their rights.

SWO educates people about gender sensitive active non-violence and strives to spread general awareness that there should be no discrimination among
global people especially due to their gender.

Finally, the SWO provides technical training to indigenous women by providing them with free sewing machines so that in cases where the women are sole bread winner of their family, they can afford the expenses of their children and run their domestic affairs.

AWID: Domestic Violence is an issue of concern in Pakistan. Could you tell us about the severity of domestic violence in Pakistan and how women are currently protected by the Law and the judicial system, and are yet unable to seek justice?

MUG: Every year hundreds of women of all ages in Pakistan are killed in the name of Honour Killing. During the last year 1,261 cases of honour killing were reported; honour killing and Karo-Kari is a custom of killing mostly women who are accused of having sexual relations with strangers. Karo is when a man is killed; Kari when a woman is killed.

In 2004, at least 43 acid attacks took place in Pakistan, with disputes over matters of matrimony or domestic arguments appearing to be the most common reason behind the acid attacks. About 14 acid attacks have occurred in 2005, with this practice destroying the lives of hundreds of women in Pakistan. Another brutal action of domestic violence in Pakistan is where a newly married girl receives mental and physical torture by her in-laws, or they kill her through the explosion of a clay stove and pretend it to be an accident. Last year in Pakistan 7000 women were burnt in domestic violence
incidents.

Pakistani women are also victims of sexual assault and sexual harassment, with thousands of women becoming victims of sexual assault. Unfortunately these women are forced to compromise with the rapist because in the Pakistan Penal Code (PPC) rape is a non compoundable offence and Judges and local police compel the victim to compromise for a small amount of money due to their poverty, without giving the rapist a sentence.

The victims of domestic violence are refused the right to register their cases against the alleged accused, because police discourage the victims
family from seeking justice on the grounds that the legal expenses are too high and often the accused are influential and have police protection.

As many as 44 countries have enacted legislation on domestic violence. While Pakistan does not have specific legislation on it, there are sections of the Pakistan Penal Code and other laws that can be used to invoke justice for the victim, Still, domestic violence is not a crime against the state, and no special laws in Pakistan has been drafted having special remedies and procedures. Violence against women is perpetrated when legislation, law
enforcement and judicial systems condone or do not recognize domestic violence as a crime

Women who attempt to report abuse encounter serious obstacles. Police tend to respond to such reports by trying to reconcile with the concerned
parties rather than filing charges and arresting the perpetrators. Further compounding the problem, the doctors who perform examinations are likely to
be skeptical to women?s claim of abuse.

AWID: Are these Laws enough for the protection of women and for seeking justice for victims? What are the major flaws? What role do cultural barriers play?

MUG: These Laws are not enough to meet the end of justice because as the two authorities having the force of Law (police & court) are not enforcing it, mere legislation on any Bill is not sufficient unless it is implemented by the law enforcing agencies. Police who are supposed to stand guard of life, honor & property of people are the first to violate the law because they think that they are not accountable to any authority thus misusing their power and duties. Police mostly support the version of the accused party - they never favor innocent women to whom wrong has been done but force the women and her family to patch up relations with the accused and to withdraw both the FIR registered with police and the case pending in court. Women are threatened with adverse consequences using threats & intimidation to the victim discouraging them to seek justice with fear of harm to their family, honor and property.

On the other side the court is sometimes reluctant to entertain the cases of victims and to penalize the accused in accordance with Law. The major reason for this is that judges are approached by the accused party, who are often influential and rich, and so on these grounds the cases of victims are dismissed. The other major flaw is that victims are poor and unable to afford the legal expenses. For these reasons many victims can not claim any
relief from the court.

Cultural barriers do play a pivotal role in discouraging the victim from recourse to Law because the families of victims think that if society comes to know that any person has done wrong with their daughter, sister, wife or mother they would be disgraced in the society & community and their relatives would abandon relations with them. If they could not find any suitable match for their women for marriages, people would taunt them and would laugh on their helplessness - this is why the families of victims prevent her from registering the case or filing any suit against the accused and also want to avoid any media publication.

AWID: How are women mobilizing for change in Pakistan?

MUG: The media has played a vital role in mobilizing women for particular causes like domestic violence & sexual harassment and assault. Those cases which were not registered with police in their daily diary and those cases which were pending in the court were all entertained in an expeditious
manner through the media as a result of women's mobilization, highlighting the government's inefficiency and lack of concern regarding women's human
rights. This has had an effective and fruitful result because the government has issued directions to police & the court to work in accordance with the Law and justice - so many changes have been seen.

Women's organizations have launched campaigns, demonstrations, protests and marches through out the country with the support of electronic and print media who transmit their voices to every nook and corner of Pakistan and as well other parts of the world. This also shows consolidation between these women's organizations. The media has encouraged the women of Pakistan to join hands with these Women's organizations and to assemble for their protection & safety. Thousands of women have joined these associations and organizations which means that women of the country promote and
encourage women's mobilization in Pakistan.

AWID: What urgent changes need to be made and how?

MUG: Government should constitute a council or a committee to monitor whether there is any violation of women's human rights in any part of the country.They should take urgent action against any such authority or official who causes a hindrance in the implementation and enforcement of law, and any officer guilty of misconduct or misuse of power should be impeached and given an exemplary punishment so that no government servant dares to
violate the Law with this perspective that he is not accountable to any authority.

The government should promote and encourage the media with exclusive liberty to work, focus and criticize any government policy which is detrimental to Human Rights, and if any Bill has been passed in the Legislature or any Enactment has been framed which is against Fundamental Rights conferred by the Constitution of Pakistan 1973, it shall be declared null and void. It should be revised and reconsidered before it is brought into force.

One example here is the Honour Killing Bill which was passed by the National Assembly of Pakistan and was completely against the fundamental
rights. Due to this legislation, thousands of women were killed for different reasons and causes and later it was given the name of Honor Killing so that the accused may not be punished in accordance with the Law. It was a heinous offence committed at the national level being incorporated by the legislation of the National Assembly. Such legislation had never been framed in Pakistan's history, although now this legislation has been overruled - but many lives were lost due to this legislation.

source: www.awid.org