The women’s protection bill of Pakistan — which will dramatically alter the rape laws of Pakistan — has a chance of being passed this coming Monday. The bill is an attempt to reform the draconian rape laws of Pakistan from 1979, passed by then dictator Zia ul Haq under the auspices of the religious establishment (part of the hudood ordinance).
This has been a contentious issue in Pakistan (see my commentary on it here). I have been in correspondence with individuals who are involved in the Women’s Protection Bill. While on one hand they have had to contend with the religious establishment, they have also ran into opposition by some liberal groups, and international NGO’s like Human Rights Watch, who find the proposed amendments inadequate.
What the reformists are trying to explain, however, is that while total repeal of the bill would be wonderful, politics is a process, and that means taking whatever progress that can be gotten right now. While concerns about the fact that the bill is being pushed through by a dictator (Musharraf) are valid, they are unfair in light of the tremendous abuses that will be alleviated if this bill is passed. In the short term, the reformists — and those backing the bill — need our support. Later, more progress can be made.
In an op-ed that appeared in The Daily Times today (10 September, 2006) Feisal Naqvi points out:
…the response from women’s groups to the proposed Women’s Protection Act has either been hostile or at best, tepid. Instead of supporting the bill, women’s groups have only reiterated their demand for the complete repeal of the Hudood Ordinance. What these groups forget is that politics is the art of ‘the possible’. The Women’s Protection Act may not be perfect but it will certainly bring relief to millions of oppressed women. In any event, the fight for repeal can always be carried on later.
The reformists need to be recognized for the good they have achieved despite the enormous difficulties, and not to be criticized for what they have failed to achieve. The full article by Feisal Naqvi in The Daily Times is worth a read because it clearly explains what the issues are and how they are being dealt with in the new law. It concludes:
If all goes according to the government’s plan, much of what is undesirable in the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (to give the law its full name) will be quietly gutted through the proposed Protection of Women’s Act… The proposed law marks the absolute limit of what is possible in terms of today’s political climate. More importantly, the Protection of Women’s Act is not a whitewash job: instead, it addresses and fixes the major sources of women’s oppression under the Hudood Ordinance.
The best thing to do right now is to support the efforts of the reformists and later carry their torch further. It would be a terrible tragedy if after decades of efforts the amendments were tabled due to inadequate support by progressives. Well intentioned people around the world need to express their support. (For more see: ‘The Right To Own Women’ and Women’s Protection Bill Cheat Sheet). [Also see earlier ATP Poll on related issue].
Ali Eteraz describes himself as “a continental philosopher, essayist, novelist, student of Islamic arts, philosophy, jurisprudence and a practitioner of global nomadism” and blogs under this pseudonym at Eteraz, where you will find much on this and related subjects.
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Actually, nothing has made me more sad, than following up on this.
Pardon the hurried post, it should be “defies decency”.
Actually, nothing has made me more sad, then following up on this.
This is real shame. A former husband can drag his former wife into the zina court!
I really do not know what can be worse than this. Please folks. Help change this. This cannot stand.
Women are weak in most societies. Weakest in Pakistan.
This should not stand.
Outrageous.
Incomprehensible.
Defies common sense.
Defines decency.
Upends common laws.
Mocks Qur’an.
I have long maintained that Pakistan has been ill served by the self-proclaimed religious bigots and equally by the self-proclaimed secular bigots. Neither know the ideals nor understand the principles of what they claim to be. And I have said this again and again; here, here, here, here, here, here, and here. (Well, I do not have links, but sure sounds important.)
So, here, I offer the Exhibit 1 of my claims.
The Offence of Zina (Enforcement of Hudood) Ordinance 1979 (Ordinance No. VII of 1979) was put into place by evil usurper and his co-conspirator Brohi. (Let there be a record for those who aspire to conspire, you will be rebuked and rebuked often. In the Pakistani tradition, the usurper attempts to legalize his role by a prominent legal co-conspirator. So, it is important to rebuke all those who mock the people and mock the law.)
And the Protection of Women (Criminal Laws Amendment) Act, 2006 by usurper enlightened.
And what is common between both of these laws you ask?
The fact that a former spouse (usually a man) can file a case under zina laws is outrageous, incomprehensible, defies common sense, defines decency, upends common laws and not the least, mocks Qur’an.
Both sides offer this flow of events: that a verbal “talaq” was made. The former spouse (female) moves away, and after “idat”, marries another man. Now comes the former husband, lays claim on his alleged “wife”, files case under zina laws and the rest you can summarize.
One more time, the fact that a former spouse (usually a man) can file a case under zina laws is outrageous, incomprehensible, defies common sense, defines decency, upends common laws and not the least, mocks Qur’an.
The fact that The Dissolution of Muslim Marriages Act, 1939 is still the law of the land, the fact that the West Pakistan Muslim Personal Law (Shariat) Application Act, 1962 is also the law of the land. And the fact that both are broken. The fact that family courts do not have jurisdiction over a matter brought up by a former and jilted husband who can drag his former wife in a court under zina laws nuts. Nuts. Simply nuts!
The former husband’s claims cannot be supported by any convention of common laws or Qur’anic Guidance.
And lo, both, both! The evil usurper, claiming divine knowledge of Qur’an and the enlightened usurper claiming whatever, join at hips to deny a woman equity and justice.
Neither know the ideals nor understand the principles of what they claim to espouse.
And all those folks from both camps who have supported either of the positions, should find “chooloo bhar pani” and do the needful.
And this my dear friends, is the twin tragedy Pakistanis face.
Pakistanis are stuck on a bad page in a bad story. It will require collective effort to change the page, to change the story. It will require all of us to repeat again and again the ills of the system. Because by themselves, they appear to be deaf, dumb and blind.
Pakistanis are good, decent, honorable, hard working people.
I do have the audacity of hope, with fierce urgency of now.