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14 May 2008

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Changing anti-woman laws

WOMEN are in the news again, thanks to the interest being taken in their rights and concerns by the Supreme Court and the new chairperson of the National Commission on the Status of Women.

The Supreme Court, which had been looking into the vani cases relating to five girls in Mianwali, has directed the police chiefs of the four provinces to protect women against the unIslamic customs of vani and swara which require a woman to be handed over to a man as compensation in a settlement of a dispute.

Dr Arifa Syeda, the chairperson of the NCSW, has demanded the repeal of the Hudood Ordinances that have inflicted injustice of the worst kind on women. She has taken up from where Justice Majida Rizvi of the Sindh High Court left off when she retired.

Seen against the backdrop of the low status of women in Pakistan, these moves are to be welcomed. They establish the growing empowerment of a section of women in Pakistan who are willing to take up the issue of women’s rights fearlessly. It is encouraging that their number is increasing.

WAF has extended support to Dr Syeda’s demand while parliamentarians have also promised to support women’s rights by introducing bills such as the Repeal of Hudood Laws Bill, Equality of Opportunities for Women Bill and the Bill on Domestic Violence. If this trend continues, the movement for winning legal sanctions for women’s rights should gain momentum.

Given the fact that it is not just the social attitudes and customs that are anti-woman in Pakistan — vani and swara are good examples — but laws like the Hudood Ordinances also work against women, the need is to change these laws.

The task may sound relatively easy, but it is not. Vested interests have resisted changes in laws even if they are dated and actually anti-social. But given the awareness being shown by many parliamentarians, judges, legal aid bodies and NGOs working in the field of law and legislation, one can hope for many laws to be repealed or amended in due course.

This is important if protection has to be provided to women who are courageous and willing to fight their cases. Mukhtaran Mai’s case clearly establishes how a legal underpinning is essential to help women resist injustice and win their rights.

It must be pointed out, however, that changes in laws are not enough by themselves. Many of the crimes committed against women are rooted in reprehensible customs and traditions that are discriminatory, sexist and patriarchal.

How else does one explain the practice of honour killings, domestic violence and gender prejudices that create so much misery for women? Laws alone cannot change these effectively as numerous cases have shown. But education and a social campaign can.

Unfortunately, the significance of this is not adequately recognized. For instance, the Human Rights Commission of Pakistan in its report for 2005 recommends many changes in the laws but does not speak about educating people and changing their social attitudes. While there is need to sensitize judges, police and lawyers about women’s rights, it is equally important that the attitudes of society are also changed.

Education can play an important role in this respect, but NGOs and other bodies should also work concertedly to persuade people to respect women and accord them greater importance. Women themselves must learn to value their self-esteem and outgrow the early conditioning they live with all their lives.

Source: DAWN.


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