The State of Women Rights in Pakistan
The Ideology-
“No nation can rise to the height of glory unless their women are side by side with them…It is crime
against humanity that our women are shut up with in the four walls of the houses as prisoners. There is
no sanction anywhere for the deplorable condition in which our women have to live.”...
Muhammad Ali Jinnah, Father of the Nation
The society of Pakistan is no different from any other parochial and male obsessed country, where the
dominant patriarchal set-up seldom gives a chance to the other half of human population to flourish and
stand up for its own cause. Such trend therefore, leads to a society that accord derogatory position to
women in practice, Pakistan being the classical example.
Introduction:
The status of Women Empowerment in Pakistan has been a focus of intense domestic and
international attention. Unfortunately, this attention has been primarily due to the apparent violation
of the fundamental rights of women in Pakistani Society. Not only women are deprived of the rights of
equality in all walks of life, but also victim of violence in the form of social, political or economic
aspects. Moreover, their rights are been denied in both public and private sphere of life. The radical
footstep of the country provides a sense of being oblivious of the different legislation which deals with
the security and protection of women rights and to guard the female population.
In this regard, Pakistan has contributed the laws relating to the protection and security of women
rights since 1947. At the time of establishment, there was slight legal peculiarity between the
men and women rights that they enjoyed. According to the constitution of Pakistan section 8 to
28 deals with the fundamental rights of citizens which refer to the equal opportunities in all facets
Without any discrimination, ethnic diversity and sex. On the other hand to stop the continues practice
of violence against women numerous laws brought into operation such as Muslim Personal Law of
Sharia (Bill recognized a woman's right to inherit all forms of property.), Muslim Family Law
Ordinance (MFLO, It aimed to regulate the family affairs by protecting the women rights against unjust
prevailing procedures of marriage, divorce, and polygamy, etc.),Hudood Ordinance (The ordinance
was promulgated through an executive order, which was considered as against the rights of women),
Women Protection Bill (Bill Its main purpose was to amend the laws under Hudood Ordinance as this
ordinance victimized the women), Sexual Harassment Bill (Bill The bill was for those
Pakistani women, who have to interact mostly in a ―bad-mannered‖ surrounding, especially when they
come out of their homes for market places, traveling by local transport and when performing their
duties at workplace, along with the male colleagues), Prevention of Anti- Women Practices Bill (The
bill was to constitutionally protect Pakistani women against the abomination like giving a
woman in marriage or otherwise in Badla-e-Sulha, Wani, or Sawara, marriage with the Holy Quran, and
depriving women of their inheritance. The bill has proposed strong penalties for the offenders
indulging in anti-women practices), Acid Control and Acid Crime Prevention Bill (The bill aims to
control the import, production, transportation, hoarding, sale and use of acid to prevent the misuse of
acid and provide legal support to acid and burn victims. the bill recommended 14-years lifetime
imprisonment sentence and fines up of Rs 1 million as a punishment for the perpetrator of this
crime), Child Marriages Act. All these pro-women laws grant and protect the women rights theoretically
not practically. These legislations are nothing more than a piece of paper. In this paper, the first part
of the study is to evaluate the status of women empowerment and pro-women laws
implementation in Pakistan. In which this study explore the correlation between the women
empowerment variables (particularly mobility (MOB), household decision making power (HDMP),
Domestic Support to Women (DSW), Social Engagement of Women (SEW) Economic Empowerment
(EE), Women Political Participation (WPP), and Women Civic Engagement (WCE). On the other hand
the pro-women laws such as Domestic violence (DMV), Acid Throwing Laws (ATL), Property Rights
(PR), Harassment at Workplace and public (HL), Anti women practices (AWP) and Child Marriage Act
(CMA) are selected. Finally in the second part this article examines the impediments which turn the
reality of women empowerment and laws implementation into myths.
Status of Women as enshrined in Islam:
The Holy Quran has disclosed the origin of humankind and has addressed men and women as
complementary components of specie who together are capable of maintaining the survival of human
race. The book addresses both men and women in same manner i.e. An nas, Al Insan, Al Bashar and Al
momin (Khan, 2004:1). The status or position provided by Islam to women thus include public, financial,
political rights etc. (Bukhari, 2012: 12-14). Most importantly, Islam not only gives basic equality to
woman, but also equal Legal Rights. She may buy, sell, earn a living and manage her own money and
property. In Islam the woman has a legally independent personality and her obligations are independent
from her father, husband or brother. In addition, Islam gave inheritance right to women from movable
as well as immovable property (Omar, 2011). She also has share of property after death of male relatives
(father, husband and brother). Women get maintenance for child bearing also living with husband even
in case of divorce (Bukhari and Ramzan 2013: 91).
Unfortunately, over a period of time, this aspect of equality has been replaced with gender
discrimination and inequality, even degrading to severe form of violence, which is rampant in Pakistan.
The prevalence of customary laws became more visible as Islam travelled far and wide. Therefore, the
true essence of the religion has been compromised, as is evident in Pakistan. And in the place of equality
for women, violence became the 'rule of the land'.
How and why did the status of women declined in the Islamic society? May be the answer lies in the,
Arab customary laws (adaat) became part of the Sharia’h. Unfortunately, because of a lack of proper
knowledge and understanding, most Muslims think even adaat to be divine and binding and therefore,
Qura'anic injunctions on gender justice were diluted. And secondly, the fabrication of ahadith (plural of
hadith) also caused discrimination. Regrettably, at the individual level, women themselves are also not
aware of the rights enshrined to them in Islam.
Status in Pakistan:
A close examination into the practical aspects concerning the implementation of these rights in the
present day Pakistani society suggests that the rights are grossly violated on many accounts. There are
people who knowingly or unknowingly deviate in this regard from the commandments and guidance of
Islam.
Pakistan being an Islamic Republic; every rule and regulation in the country is based on Islamic law. But,
at the same time, there are some customs and traditions against Islamic laws which are commonly
practiced (UN, 2011: 20). Cultural patterns in Pakistan do not let women enjoy their legal and religious
rights protected by the law and provided by Islam. Pakistan is an Islamic state but in women's rights, it
derives its interpretation from customs and cultural norms. The existence of parallel justice system like
Jirga and panchayat are generally apathetic to women and their grievances and therefore, the existence
of both legal and religious safeguards and measures do not percolate into the social structure. The fear
factor also prevents women from asserting their rights. These bodies unlawfully impose punishments on
those who assert their individual rights against the prescribed norms of the tribe or the community.
Such tribal judicial system are recognised by Constitutional Law in specific areas (including FATA and
PATA) but illegally it is found all over Pakistan. In such areas, formal judicial tribunals have no jurisdiction
over a Jirga decision and so there are cases where fundamental rights protected under the
Constitutional law are infringed. These Jirgas work against the interest of women and their decisions are
mostly based on stark bias and prejudice against women according to their cultural and religious
stereotypes of women's status.
Legal Measures Taken in Pakistan:
It is very interesting to note that, since independence Pakistan has formulated Laws to protect women
and to give them security. At time of foundation, there was little legal distinction between the rights that
women and men enjoyed (Weiss 2012: 3). The Constitution of Pakistan thus says:
“There shall be no discrimination on the basis of sex along; Steps shall be taken to ensure full
participation of women in all spheres of national life; the state shall protect the marriage, the family, the
mother and the child.
At the provincial level also, the 18th amendment to the Constitution (2010) granted greater autonomy
to the provinces in matters related to the advancement of women along with other issues (UN, 2013).
But, like other social sectors of Pakistan, the perennial problem of policy implementation has also
plagued this sector. At official level, the following Laws have been adopted in Pakistan to safeguard
women:
• Muslim family Laws Ordinance (MFLO) of 1961.17
• The West Pakistan Family Courts Act of 1964.18
• Dowry and Bridal Gifts Restriction Act, 1976.
• Criminal Law (Amendment) Act, 2004.19
• Protection of Women Act (2006)20, revised the Hudood Ordinance.
• Criminal Law (Amendment) Act, 2010 (on sexual harassment).
• Protection against Harassment of Women at the Workplace, 2010. Status of Women in Pakistan 185
• Prevention of Anti-Women Practices (Criminal Law Amendment) Act, 2011.21
• Criminal Law Act (Second Amendment, 2011), referred as Acid Control and Acid Crime Prevention Act.
• Criminal Law Act (Third Amendment, 2011), referred to as Prevention of Anti-Women Practices.
• The Women in Distress and Detention Fund (Amendment) Act, 2011
• Domestic Violence (Prevention and Protection), Act 2012.
• National Commission on the Status of Women Act, 2012.
• Enforcement of Women Ownership Rights Act 2012.
• The Khyber Pakhtunkhwa Elimination of Custom of Ghag Act 2013.
Women against Violence Act (PPWAVA) 2016.
The Prevention of Trafficking in Persons Act.
In addition, Pakistan has been party to various international and regional conventions for protecting
women and giving them equal status. Pakistan is a signatory to the International Conference on
Population and Development (ICPD), the Beijing Plan of Action and the United Nations Convention on
the Elimination of all Forms of Discrimination against Women (CEDAW). Pakistan acceded to CEDAW in
1996, making a declaration on the Convention and entering a reservation on Article 29, Declaration:
“The accession by Government of the Islamic Republic of Pakistan to the (said Convention) is subject
to the provisions of the Constitution of the Islamic Republic of Pakistan.” Reservation: “The
Government of the Islamic Republic of Pakistan declares that it does not consider itself bound by
paragraph 1 of article 29 of the Convention.”
Unfortunately, the radicalization of the State has divested the country of an environment which is
required for the actual implementation of these various legislations and, in turn, to protect the female
population. Most of these laws remain on paper, as the country's enforcement apparatus remains, on
the one hand, stretched to its limited dealing with a deluge of terrorism and enveloping crime, and, on
the other, indifferent to the plight of women within a society that remains parochial and deeply
committed to a religious and political ideology that denies equality to women and seeks to exclude them
from the public sphere.
Social Status of Women in Pakistan: It is well known fact that, Pakistan has its own share of disparity
and heterogeneity in terms of social status, economic development, rural-urban divide, etc. Other
factors for miserable plight of women are problem with legal system, religious extremism and abuse of
religion. In such backdrop, the female plight and predicament have different interpretations for women
from different strata. However, they do suffer in different ways. Institutional and individual violence are
not unknown phenomena for practically all Pakistani women. As explained earlier, element of patriarchy
has caused a total disregard for women in the Pakistani society. The trend of male dominance becomes
a factor causing violence to the other gender. Women are viewed inferior to be "reined in" by men for
the better or, in the majority of cases, for the worse. They cannot raise their voice against violence by
men, i.e. fathers, brothers and, after marriage, husbands and their male relatives, who are in control of
their physical being (Ibrahim, 2005: 2). Moreover, the skewed perception that a daughter has no role to
play in the family (the basic unit of society) and she can neither be a ‘provider’ nor a ‘protector’ result in
discrimination and violence. Islam evidently on the other hand, states that family is the essential area for
securing women’s right.
Apart from family, the feudal system in the society has also caused severe antipathy towards women.
The famous proverb of such system “Zan, Zar, Zameen” (woman, money and land) as the source of all
evil, does reflect utter disregard for women and also her commoditization. Such terms are used as a tool
to put blame on the women and not on men in case of any undesirable behaviour on the part of men.
Violence, or the threat of violence, at home, in the fields, or in the street, is a daily reality for the vast
majority of Pakistani women (Ali, 2001: 8). A society obsessed with female ‘honour’ men are entrusted
with safeguarding the family honour through their control over female members, specifically controlling
the female body, in terms of both its sexuality and its reproductive ability. Thus, when a woman’s
behaviour is seen to threaten the patriarchal order, it is her body that is punished with beatings,
burnings, sexual abuse, and even murder in the name of honour.
Pakistani women do face seclusion and exclusion due to socio-cultural norms based on patriarchy which
ultimately denies access to benefits of development.
Women do experience dominant forms of social evils at times under the garb of religion and sometimes
as part of custom. The phenomenon can also be identified in terms of gender violence meted out to
women in form of honour killing, forced marriage, child marriage, and bride burning, acid attacks.
Fact sheet of violence against women 2004-2016:
Sexual violence: 4734
Honor crimes: 15222
Burning cases: 1535
Domestic violence against women: 1843
Suicides: 35935
Women kidnapped: 5508
Ghag or Forced Marriage: In a country where majority of the people are driven by dogmatic
interpretation of local customs, marriage by force is not uncommon. Surprisingly, there is no such scope
of forced marriage in Islam. According to Islamic Law, women cannot be forced to marry anyone without
consent. However, ghag is a heinous practice that undermines the basic tenets of Islam. Hadith also
state that the woman’s agreement is essential for the marriage and her parents or others cannot impose
on her to marry anyone whom she does not like to marry.
Honour Killing: It has become an acceptable social evil by the community and the state’s judicial system
as a legitimate defense for murder. The element of shame is so evidently attached with the existence of
woman in this type of parochial society, causing uncertainty in her behaviour to exert her own presence.
Irony in a society which guards its ‘honour’ by prohibiting women in almost every aspect of life, but at
the same time, shamelessly dishonours her by killing, raping, throwing acid, burning, abducting etc. The
regional variations of honour killing are: Karo-karo in Sindh, Siyahkari in Balochistan, kala-kali in Punjab
and tor-tora in the tribal areas of north west.
Selling of Bride: In the tribal areas of Balochistan and Khyber Pakhtunkhwa (KP), girls are sold as 'brides'
under the custom of Walwar. The custom, which is an agreed-upon mode of marriage in some areas,
materialises the treatment of women as commodities that have a price. The girl is sold to the highest
bidder regardless of his age or character, and the sale is legitimised under the pretext of a custom. The
reality of woman as a piece of property, a commodity, is reflected in the ways in which society continues
to dispose of her body. She can be offered as compensation for damage to life and property. The custom
of watta satta is yet another marriage transaction in which a man can acquire a wife by offering a
woman that belongs to him – a daughter or a sister – in exchange.
Dowry Death: One of the most heinous customs prevalent in the three countries of Indian sub-
continent, it is an act of discrimination against married girls, whose values are defined based on the
prices of their respective dowries. When hassles for dowry are not congregated, the bride is subject to
torment, and often even murdered.
Haq Bakshish: Marriage to Qura'an or Haq Bakshish literally meaning “renouncing the right to marry” is
yet another un-Islamic practice mainly in vogue in Sindh and southern Punjab of Pakistan. Under
Pakistani law this tradition is punishable by a seven-year prison sentence. The purpose behind this evil is
not to give the share of property to female members of the family. Some girls as young as infants are
married off to the Qura'an for the rest of their lives. Marriage to the Qura'an is a ceremonial practice
that forces the female involved to spend her life in celibacy. Under this evil practice, a female cannot
marry a man, is believed to be used by male relatives to keep their land and property intact. Hence, the
victims of marriage with the Qura'an are likely to be those who would otherwise inherit property and
pass it on to their husbands or children.
Acid Attack: The woman’s face is usually targeted in these attacks because a woman’s worth is linked to
her appearance and, through it, to her marriage ability and social status. A society that is obsessed with
a ‘certain kind of women’ who has to be beautiful, these brutal attacks cause permanent damage to the
psyche and confidence of women. Accordingly, their commoditisation becomes next to impossible and
they are left as redundant elements of male dominant society. Acid violence is a form of gender-based
violence prohibited by both international and local laws. Despite this, it has been continuing almost
unabated because of deep-rooted patriarchal structures, a weak law and order situation and the cheap
availability of acid in markets.
Moreover, the laws that have been totally turned against women like Qanoon-e-Shahadat Order of 1984
(Law of Evidence), the Hudood Ordinances of 1979, Qisas and Diyat Ordinances are apathetic towards
women and have become weapons for anti-social elements and criminals. The Shahadat Law, reduced
the legal status of women. It barred them from giving evidence in case of rape, or any other harm. The
infamous Zina Ordinance resulted in a rape victim being jailed for zina unless proved by four male
Muslim witnesses.
Terror Factor: A rising trend of Islamist extremism and fundamentalism, which underpins the terrorism
in Pakistan, has added more to the current deluge of violence against women. A poll conducted by the
Thomson Reuters Foundation in 2011 found that Pakistan is the third most dangerous country for
women. The War on Terror forced the State of Pakistan to restrategize its support of fundamentalist
forces and posit ‘Enlightened Moderation’ and a ‘soft’ image that protects women’s rights. Recently, the
Committee on the Elimination of Discrimination against Women has also showed its concern regarding
escalation of violence by non-state actors and military operations in FATA, KP and Balochistan. As these
attacks have a negative impact on the situation of women and girls, being the consistent prime targets.
Taking advantage of the already biased social set-up of Pakistan, the militant groups are trying to launch
a reign of terror against the female population of the country. The main objective of the Islamist
terrorists is to intimidate girls and women in order to exclude them from the public sphere and deny
them the opportunities for education.
United Nations Educational, Scientific, and Cultural Organization (UNESCO's) tenth Education for All
Global Monitoring Report (EFA GMR) thus observed that, while the school age population of Pakistan
was 197.5 million, the net enrolment ratio in primary schools was 74 per cent, leaving 5.1 million
children out of school (UNESCO, 2012: 77), 63 per cent of whom were girls. of school (UNESCO, 2012:
77), 63 per cent of whom were girls. The Report also noted that there were 7.27 million adolescents not
attending school, of which 3.8 million were female.
Why laws are not being implemented?
Challenges towards the Implementation of Pro-women Laws:
A precise and effective framework has been constituted which explains gender disparity, violence
against women and impediments in implementation of laws. This issue may be addressed by
considering two vital challenges, intrinsic and extrinsic. Challenges which are naturally inherited in a
human nature in the form of one's traits and attitude and are a part of one's personality are
known as intrinsic challenges. Challenges which surround a person and influence externally like
culture, religion, society and environment are referred as extrinsic challenges.
(III) Is there any positive side of Women rights in Pakistan?
With all such atrocities on majority of women, there is some ray of hope for having a section
of women fully utilizing constitutional and religious rights. Such women are participating in
the development and progress of Pakistan; while fully observing the Islamic behavior and
conduct, they are working along with men in almost all the spheres of life. They are in
military, economy, health, politics, police, foreign services, law, parliament and in fact every
place where it was impossible to think of their presence few decades ago.
Recently, PAF (Pakistan Air Force) inducted in its services female pilots as commissioned
officers. For the first time in the history of Pakistan, a female, Shamshad Akhtar, has been
appointed as Governor State Bank of Pakistan. In foreign services, Tasneem Akhtar is
carrying out her duties diligently as foreign office spokesperson. Besides, her Excellence, Dr.
Maliha Lodhi, is working as an ambassador of Pakistan in UK.
Asma Jahangir, the chairperson of the Human Rights Commissions of Pakistan, is famous for
her brave efforts for relieving the victims of Human Rights abuses in Pakistan At lower level,
women are running their own business as entrepreneurs; working in petrol pumps,
restaurants, and coaches; participating in politics. In fact, there is a long list of women who
are active and no less than their male contemporaries are.
There are 234 women legislators sitting in our assemblies; 18 in Senate; 73 in National
Assembly; and 143 in Provincial assemblies. This is one of the first times in Pakistan's
history that women are given greater role to play in legislation. Several women are working
in cabinet as ministers in various government divisions. In Local Government system,
thousands of women are elected as councilors, mayors, deputy mayors. Nasreen Jalil, is
Deputy mayor of CDGK (City District Government Karachi.
c. NGOs working for Women Rights
Women Action Forum was formed in Karachi in September 1981 in order to voice against
brutalities of Hudood Ordinances. Behind its formation, there was a case in which a fifteen
year old woman was sentenced to flogging because of marrying of her choice. Since then
the forum took out many demonstrations and public awareness campaigns for eliminating
the abuse of women rights in Pakistan. The forum has expanded its activities in major cities
of Pakistan.
Aurat Foundation formed in 1986 is working enthusiastically for the rights of women. The
head office is located in Islamabad. The organization has its own information and publication
department that apprise the people the true realities women facing in Pakistan.
