A warning of a nationwide protest movement by religious parties has forced the Punjab government to amend a controversial women’s protection law, few weeks after its passage. Fully understanding that the law will not bring about any significant change in the lives of women, both sides are playing politics with it.
The government aimed to appease the West, women voters and rights activists by passing the law ahead of elections due in two years. It acted in haste and only copy-pasted Western laws, without realizing ground realities in Pakistan. The religious parties remained silent when the Punjab government tabled the draft in the Punjab Assembly. When the law was passed, they realized they should criticize it for political gains and protect their vote bank. First, their reaction was mild and the government’s response was harsh. It said the law would not be withdrawn or amended at any cost. However, when clerics hardened their stance and warned of a protest movement, the government buckled down quietly.
Representatives of more than 35 religious parties gathered at the Jamaat-i-Islami headquarters at Mansoora last week and warned the government of a protest movement if the women’s protection law was not withdrawn by March 27. They have convened another meeting on April 2, in Islamabad, to decide their future course of action. They called upon the government to amend the law under the recommendations of the Council of Islamic Ideology, which has already declared it un-Islamic. A joint declaration after the conference said that statements of government ministers on the law and Mumtaz Qadri’s hanging were against Sharia, the ideology of Pakistan and its Constitution. “Pakistan was founded on the principles of Islam and the Objectives Resolution and all religious parties would thwart efforts to make Pakistan a liberal or secular state,” it added.
The resolution claimed the law would increase the divorce rate in society and damage the traditional family structure. It said the law was introduced in an effort to Westernise the country and called for complete implementation of existing laws on violence against women, instead of introducing “un-Islamic” laws. Earlier, Prime Minister Nawaz Sharif promised to address the reservations of religious parties on the law in a meeting with Jamiat Ulema-e-Islam-F Chief Maulana Fazlur Rehman. “Prime Minister Nawaz Sharif heard our reservations against the law and promised to amend it, so that it doesn’t contravene the teachings of the holy Quran and Sunnah,” Fazl said after a meeting with the prime minister at his Raiwind residence.
After it, the Punjab government has sent letters to clerics to seek their opinion on it. According to a spokesperson for the Punjab government, letters have been issued to 47 prominent Ulema and members of Punjab Quran Board, Muttahida Ulema Board and Ittehad Bainul Muslimeen. Issued by Punjab Law Minister Rana Sanaullah on the directions of Chief Minister Shahbaz Sharif, the letter says the Punjab government cannot even think of passing any law against Islam or Islamic teachings and requests the Ulema to send their suggestions on the women’s protection law. He appealed to them to inform the Punjab government not only about objections, but also make alternative recommendations on the sections of the law which according to them are not in accordance with Islamic teachings.
The law provides unprecedented legal protection to women from domestic, psychological and sexual violence. According to the government, it is comprehensive and brings several previously ignored offences under its ambit and covers domestic violence, emotional, economic and psychological abuse, cyber crime, stalking and abetting of offenders. Unlike previous laws, it introduces an ingenious implementation mechanism. It proposes the setting up of 24-hour, women-run, district violence against women centres. The centres will have all required services, including first aid, police reporting, FIR lodging, prosecution, medical examination, forensics and post-trauma rehabilitation under one roof and accessible to women. A toll-free helpline will be set up where women could call for assistance, legal advice, prompt evidence collection and immediate protection.
Moreover, alleged offenders may, through a protection order, be instructed to maintain distance from the women and, to enforce it, Global Positioning System (GPS) tracking devices have been introduced. It also accounts for hindrances faced by women in their traditional settings by providing civil remedies. A victim of domestic violence can enforce the Residence Order whereby she will not need to vacate the house; otherwise, she can demand from the defendant an alternative accommodation, or monetary relief. The bill does not contradict pre-existing laws, but instead fills in gaps and facilitates implementation. The law criminalises all forms of violence against women, but it is not the first time in Pakistan that a law for women’s rights has been framed. Many laws were made in the past, but all remained futile and failed to produce results for lack of enforcement. Laws exist for far worst crimes against women, but they are still being killed in the name of honour. They still face acid attacks daily. They are burnt to death for bringing a meagre dowry. The government could have enforced old laws to protect women’s rights if it was sincere about their rights, but it chose to pass a controversial law for political gains.
On the other hand, the religious parties think they have been marginalized by the government after its landslide victory in the last general election. They have lost their nuisance value in the present setup. The hanging of Mumtaz Qadri in the assassination case of Punjab Governor Salmaan Taseer has united them despite sectarian differences. However, they are not in a position to pose a serious challenge to the government, even though Maulana Fazl threatened that religious parties may not be in a position to form the government in Pakistan, but they could dislodge the PML-N government through protests. Historically, religious parties become active and forge unity when some hidden hands guide them. Sensing the threat, the government has rightly softened its stance and agreed to amend the law to appease the clerics.
The government aimed to appease the West, women voters and rights activists by passing the law ahead of elections due in two years. It acted in haste and only copy-pasted Western laws, without realizing ground realities in Pakistan. The religious parties remained silent when the Punjab government tabled the draft in the Punjab Assembly. When the law was passed, they realized they should criticize it for political gains and protect their vote bank. First, their reaction was mild and the government’s response was harsh. It said the law would not be withdrawn or amended at any cost. However, when clerics hardened their stance and warned of a protest movement, the government buckled down quietly.
Representatives of more than 35 religious parties gathered at the Jamaat-i-Islami headquarters at Mansoora last week and warned the government of a protest movement if the women’s protection law was not withdrawn by March 27. They have convened another meeting on April 2, in Islamabad, to decide their future course of action. They called upon the government to amend the law under the recommendations of the Council of Islamic Ideology, which has already declared it un-Islamic. A joint declaration after the conference said that statements of government ministers on the law and Mumtaz Qadri’s hanging were against Sharia, the ideology of Pakistan and its Constitution. “Pakistan was founded on the principles of Islam and the Objectives Resolution and all religious parties would thwart efforts to make Pakistan a liberal or secular state,” it added.
The resolution claimed the law would increase the divorce rate in society and damage the traditional family structure. It said the law was introduced in an effort to Westernise the country and called for complete implementation of existing laws on violence against women, instead of introducing “un-Islamic” laws. Earlier, Prime Minister Nawaz Sharif promised to address the reservations of religious parties on the law in a meeting with Jamiat Ulema-e-Islam-F Chief Maulana Fazlur Rehman. “Prime Minister Nawaz Sharif heard our reservations against the law and promised to amend it, so that it doesn’t contravene the teachings of the holy Quran and Sunnah,” Fazl said after a meeting with the prime minister at his Raiwind residence.
After it, the Punjab government has sent letters to clerics to seek their opinion on it. According to a spokesperson for the Punjab government, letters have been issued to 47 prominent Ulema and members of Punjab Quran Board, Muttahida Ulema Board and Ittehad Bainul Muslimeen. Issued by Punjab Law Minister Rana Sanaullah on the directions of Chief Minister Shahbaz Sharif, the letter says the Punjab government cannot even think of passing any law against Islam or Islamic teachings and requests the Ulema to send their suggestions on the women’s protection law. He appealed to them to inform the Punjab government not only about objections, but also make alternative recommendations on the sections of the law which according to them are not in accordance with Islamic teachings.
The law provides unprecedented legal protection to women from domestic, psychological and sexual violence. According to the government, it is comprehensive and brings several previously ignored offences under its ambit and covers domestic violence, emotional, economic and psychological abuse, cyber crime, stalking and abetting of offenders. Unlike previous laws, it introduces an ingenious implementation mechanism. It proposes the setting up of 24-hour, women-run, district violence against women centres. The centres will have all required services, including first aid, police reporting, FIR lodging, prosecution, medical examination, forensics and post-trauma rehabilitation under one roof and accessible to women. A toll-free helpline will be set up where women could call for assistance, legal advice, prompt evidence collection and immediate protection.
Moreover, alleged offenders may, through a protection order, be instructed to maintain distance from the women and, to enforce it, Global Positioning System (GPS) tracking devices have been introduced. It also accounts for hindrances faced by women in their traditional settings by providing civil remedies. A victim of domestic violence can enforce the Residence Order whereby she will not need to vacate the house; otherwise, she can demand from the defendant an alternative accommodation, or monetary relief. The bill does not contradict pre-existing laws, but instead fills in gaps and facilitates implementation. The law criminalises all forms of violence against women, but it is not the first time in Pakistan that a law for women’s rights has been framed. Many laws were made in the past, but all remained futile and failed to produce results for lack of enforcement. Laws exist for far worst crimes against women, but they are still being killed in the name of honour. They still face acid attacks daily. They are burnt to death for bringing a meagre dowry. The government could have enforced old laws to protect women’s rights if it was sincere about their rights, but it chose to pass a controversial law for political gains.
On the other hand, the religious parties think they have been marginalized by the government after its landslide victory in the last general election. They have lost their nuisance value in the present setup. The hanging of Mumtaz Qadri in the assassination case of Punjab Governor Salmaan Taseer has united them despite sectarian differences. However, they are not in a position to pose a serious challenge to the government, even though Maulana Fazl threatened that religious parties may not be in a position to form the government in Pakistan, but they could dislodge the PML-N government through protests. Historically, religious parties become active and forge unity when some hidden hands guide them. Sensing the threat, the government has rightly softened its stance and agreed to amend the law to appease the clerics.
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