Source:- Google.com.pk
The status of girls in Pakistan varies considerably across classes, regions, and the rural/urban divide due to uneven socioeconomic development and the impact of tribal, feudal, and capitalist social formations on women's lives. The Pakistani women of today enjoy a better status than most Muslim women. However, on an average, the women's situation vis-à-vis men is one of systemic gender subordination although there have been attempts by the government and enlightened groups to elevate the status of women in Pakistani society. Now due to a heightened awareness among people the educational opportunities for the Pakistani women increased in the previous years. However according to the United nations development index Pakistani women have better gender equality than Indian and Bangladeshi women. The World Economic Forum ranked Chad, Pakistan and Yemen as the worst in their Global Gender Gap Report.
Religious groups have often worked with other members of civil society in denouncing violence against women, they have issued fatwas denouncing "honour killings", issued by the All Pakistan Ulema Council the largest group of religious clergy However, improvements are gradually being made, slowed down by political incompetence in Pakistan; Lahore has inaugurated its first service of lady traffic wardens to manage the traffic and even the country's most conservative province is planning to increase the percentage of women in the police force Pakistan's judiciary is also much more strignent against those who attack women, even in conservative regions such as Faisalabad where a man was jailed for 42 years for throwing acid on a women's face
Historically, in the 19th century, feminist-sympathetic movements within the South Asian Muslim community tried to counter social evils against Muslim women through the custom of purdah (where women were forcibly isolated from social contact, primarily with men). Other Muslim reformers such as Syed Ahmad Khan tried to bring education to women, limit polygamy, and empower women in other ways through education.The founder of Pakistan, Muhammad Ali Jinnah, was known to have a positive attitude towards women. After the independence of Pakistan, women's groups and feminist organisations started by prominent leaders like Mohtarma Fatima Jinnah started to form that worked to eliminate socio-economic injustices against women in the country.
Jinnah points out that Muslim women leaders from all classes actively supported the Pakistan movement in the mid-1940s. Their movement was led by wives and other relatives of leading politicians. Women were sometimes organised into large-scale public demonstrations. Before 1947 there was a tendency for the Muslim women in Punjab to vote for the Muslim League while their menfolk supported the Unionist Party.
Pakistani women were granted the suffrage in 1947 under the Pakistan (Creation of Pakistan) Ordinance, and they were reaffirmed the right to vote in national elections in 1956 under the interim Constitution.The provision of reservation of seats for women in the Parliament existed throughout the constitutional history of Pakistan from 1956 to 1973.
The democratic regime of Zulfikar Ali Bhutto (1970–1977) was a period of liberal attitudes towards women. All government services were opened to women including the district management group and the foreign service (in the civil service), which had been denied to them earlier. About 10% of the seats in the National Assembly and 5% in the provincial assemblies were reserved for women, with no restriction on contesting general seats as well. However, the implementation of these policies was poor as the Government faced a financial crisis due to the war with India and consequent split of the country.
Gender equality was specifically guaranteed in the Constitution of Pakistan adopted in 1973. The constitution stipulates that "there shall be no discrimination on the basis of sex alone." The Constitution additionally affords the protection of marriage, family, the mother and the child as well as ensuring "full participation of women in all spheres of national life.". However, many judges upheld the "laws of Islam", often misinterpreted, over the Constitution's guarantee of non-discrimination and equality under the law.
In 1975, an official delegation from Pakistan participated in the First World Conference on Women in Mexico, which led to the constitution of the first Pakistan Women's Rights Committee.
General Zia ul-Haq, then Army Chief of Staff, overthrew the democratically elected Zulfikar Ali Bhutto government in a military coup on 5 July 1977. The Sixth Plan during the martial law régime of General Zia-ul-Haq (1977–1986) was full of policy contradictions. The régime took many steps toward institutional building for women's development, such as the establishment of the Women's Division in the Cabinet Secretariat, and the appointment of another commission on the Status of Women. A chapter on women in development was included for the first time in the Sixth Plan. The chapter was prepared by a working group of 28 professional women headed by Syeda Abida Hussain, chairperson of the Jhang District council at that time. The main objective as stated in the Sixth Plan was "to adopt an integrated approach to improve women's status".In 1981, General Zia-ul-Haq nominated the Majlis-e-Shoora (Federal Advisory Council) and inducted 20 women as members, however Majlis-e-Shoora had no power over the executive branch.In 1985, the National Assembly elected through nonparty elections doubled women's reserved quota (20 percent).
However, Zia-ul-Haq initiated a process of Islamization by introducing discriminatory legislation against women such as the set of Hudood Ordinances and the Qanun-e-Shahadat Order (Law of Evidence Order). He banned women from participating and from being spectators of sports and promoted purdah. He suspended all fundamental rights guaranteed in the Constitution that had been adopted in 1973, including the right to be free of discrimination on the basis of sex. He also proposed laws regarding Qisas and Diyat, Islamic penal laws governing retribution (qisas) and compensation (diyat) in crimes involving bodily injury. When the victim was a woman, the amount of diyat was halved
The Offence of Zina (Enforcement of Hudood) Ordinance, 1979 was a subcategory of the Hudood Ordinance. Zina is the crime of non-marital sexual relations and adultery. The Zina Ordinance included zina-bil-jabr, the category of forced intercourse. If the woman who accuses a man of zina-bil-jabr (rape) cannot prove to the judicial system that she was raped, she faces adultery charges. In order for a rapist to receive "hadd," the maximum punishment provided for under the Quran, either the rapist must confess to the rape, or four pious adult Muslim men must witness the "act of penetration" itself and testify against the rapist. Under Qanun-e-Shahadat, a woman's testimony was not weighed equally to that of a man.if a woman does not have male witnesses but does have female witnesses, their testimony would not satisfy the evidence requirement. The perpetrator may be acquitted and the victim may face adultery charges. The threat of being prosecuted discourages victims from filing complaints.
In addition, the legal possibility of marital rape was eliminated; by definition, rape became an extramarital offence according to the Zina ordinance. The ordinance prompted international criticism. Women's rights groups helped in the production of a film titled "Who will cast the first stone?" filmmaker by Sabiha Sumar to highlight the oppression and sufferings of women under the Hudood Ordinances.
September 1981, the first conviction and sentence under the Zina Ordinance, of stoning to death for Fehmida and Allah Bakhsh were set aside under national and international pressure. In September 1981, women came together in Karachi in an emergency meeting to oppose the adverse effects on women of martial law and the Islamization campaign. They launched what later became the first full-fledged national women's movement in Pakistan, the Women's Action Forum (WAF). WAF staged public protests and campaigns against the Hudood Ordinances, the Law of Evidence, and the Qisas and Diyat laws (temporarily shelved as a result).
In 1983, an orphaned, thirteen-year old girl Jehan Mina was allegedly raped by her uncle and his sons, and became pregnant. She was unable to provide enough evidence that she was raped. She was charged with adultery and the court considered her pregnancy as the proof of adultery. She was awarded the Tazir punishment of one hundred lashes and three years of rigorous imprisonment.
In 1983, Safia Bibi, a nearly blind teenaged domestic servant was allegedly raped by her employer and his son. Due to lack of evidence, she was convicted for adultery under the Zina ordinance, while the rapists were acquitted. She was sentenced to fifteen lashes, five years imprisonment, and a fine of 1000 rupees. The decision attracted so much publicity and condemnation from the public and the press that the Federal Shariah Court of its own motion, called for the records of the case and ordered that she should be released from prison on her own bond. Subsequently, on appeal, the finding of the trial court was reversed and the conviction was set aside.
International Commission of Jurists mission to Pakistan in December 1986 called for repealing of certain sections of the Hudood Ordinances relating to crimes and so-called "Islamic" punishments which discriminate against women and non-Muslims.
There is considerable evidence that legislation during this period has negatively impacted Pakistani women's lives and made them more vulnerable to extreme violence. Majority of women in prison were charged under the Hudood Ordinance. Similarly, a national level study conducted in dar-ul-amans (shelters for women) mentioned that 21% of women had Hudood cases against them.According to a 1998 report by Amnesty International, more than one-third of all Pakistani women in prison were being held due to having been accused or found guilty of zina.
Benazir Bhutto became the first woman elected to lead a Muslim state. She was assassinated while campaigning for the Pakistani general election of 2008.
After Zia-ul-Haq's regime, there was a visible change in the policy context in favour of women. The Seventh, Eighth, and Ninth plans formulated under various democratically elected governments have clearly made efforts to include women's concerns in the planning process. However, planned development failed to address gender inequalities due to the gap between policy intent and implementation.
In 1988, Benazir Bhutto (Zulfikar Ali Bhutto's daughter) became the first female Prime Minister of Pakistan, and the first woman elected to head a Muslim country. During her election campaigns, she voiced concerns over social issues of women, health and discrimination against women. She also announced plans to set up women's police stations, courts and women's development banks. She also promised to repeal controversial Hudood laws that curtailed the rights of women However, during her two incomplete terms in office (1988–90 and 1993–96), Benazir Bhutto did not propose any legislation to improve welfare services for women. She was not able to repeal a single one of Zia-ul-Haq's Islamisation laws. By virtue of the eighth constitutional amendment imposed by Zia-ul-Haq, these laws were protected both from ordinary legislative modification and from judicial review.
In early 1988, the case of Shahida Parveen and Muhammad Sarwar sparked bitter public criticism. Shahida's first husband, Khushi Muhammad, had divorced her and the papers had been signed in front of a magistrate. The husband however, had not registered the divorce documents in the local council as required by law, rendering the divorce not legally binding. Unaware of this, Shahida, after her mandatory 96 day period of waiting (iddat), remarried. Her first husband, rebounding from a failed attempt at a second marriage, decided he wanted his first wife Shahida back. Shahida's second marriage was ruled invalid. She and her second husband, Sarwar were charged with adultery. They were sentenced to death by stoning.The public criticism led to their retrial and acquittal by the Federal Shariah Court.
Ministry of Women's Development (MWD) established Women's Studies centres at five universities in Islamabad, Karachi, Quetta, Peshawar, and Lahore in 1989. However, four of these centres became almost non-functional due to lack of financial and administrative support. Only the center at University of Karachi (funded by the Canadian International Development Agency) was able to run a master of arts programme.
The First Women Bank Ltd. (FWBL) was established in 1989 to address women's financial needs. FWBL, a nationalised commercial bank, was given the rôle of a development finance institution, as well as of a social welfare organisation. It operates 38 real-time online branches across the country, managed and run by women. MWD provided a credit line of Rs 48 million to FWBL to finance small-scale credit schemes for disadvantaged women. The Social Action Programme launched in 1992/93 aimed at reducing gender disparities by improving women's access to social services.
Pakistan acceded to the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) on 29 February 1996.[31] The Ministry of Women Development (MWD) is the designated national focal machinery for its implementation. However MWD has been facing lack of adequate resources for the implementation.[4] Pakistan failed to submit its initial report that was due in 1997.Also, Pakistan neither signed nor ratified the Optional Protocol of the Women's Convention, which has led to non-availability of avenues for filing grievances by individuals or groups against Pakistan under CEDAW.
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