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Changing Rape Laws in Pakistan

Posted on September 10, 2006
Filed Under >Ali Eateraz, Law & Justice, Religion, Women
63 Comments
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Guest Post by Ali Eteraz

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).

The laws require that for a woman to make an allegation of rape she must produce four male witnesses. If she is unable to put forth the witnesses she herself is liable for adultery (and can be imprisoned or put to death for adultery). Absurd. In one case, a blind girl, Safia Bibi, who had been raped was convicted on charges of adultery because she could not identify her attacker.

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.

63 comments posted

Comment Pages: « 8 [7] 6 5 4 3 2 1 »

  1. Adnan Siddiqi says:
    November 19th, 2006 8:42 am

    [quote post="297"]dollars for jihad[/quote]

    The fact of the matter is that dollar jihad is being run by moronic memmbers “Pak”istan army and they had done in past as well. See how they are selling people to US who were saviors in past as well. Thankless souls at one side feed their families by selling talibans to usa and on other hand abuse them.

    [quote post="297"]women’s bill has placed a foot on someone’s tail.[/quote]

    The bill has no value. I already quoted what musharraf thinks about women. As many said that WPB is nothing but a political twist and has NO sincerity with women but since you are a blind follower so it’s hard for you to grasp it. All is need for you to carry on trolling and it’s fun to hear your *reactions*

  2. Yahya says:
    November 19th, 2006 8:06 am

    [quote comment="10752"]Nobody is coming to rescue someone else. At one side you make a statment and on other hand you ask other to shutup. Quit your trolling and whinning attitude and growup[ If you can in the presence of your enlightened scholars][/quote]

    Perhaps passing of women’s bill has placed a foot on someone’s tail. And perhaps it’s better not to appear Mullah officially - no longer viable as no dollars for jihad but kick in the backside. Oh…the joys of enlightened moderation…

  3. Adnan Siddiqi says:
    November 19th, 2006 1:39 am

    Nobody is coming to rescue someone else. At one side you make a statment and on other hand you ask other to shutup. Quit your trolling and whinning attitude and growup[ If you can in the presence of your enlightened scholars]

  4. Yahya says:
    November 18th, 2006 2:03 pm

    [quote comment="10650"]
    then why do you keep poking your nose again and again? Stay away and smoke weeds.[/quote]

    Dumb coming to the rescue of the dumber.

    Weed? Now this I forgot to enroll in a madrassa for.

  5. Adnan Siddiqi says:
    November 18th, 2006 1:38 pm


    Please do not reply with further clichés. I am sick of them already.

    then why do you keep poking your nose again and again? Stay away and smoke weeds.

  6. Yahya says:
    November 18th, 2006 1:18 pm

    Muhammad Khurram, are you capable of writing a single sentence of your own? Every thing you said is the over used mullah rhetoric that we have been listening from the day we were born. Three problems with all this;

    1. No proof provided that Hudood laws are actually OK only their use is not. There are plenty of arguments form the legal community as to why hudood law itself is defective. Please search and read the relevant articles. A lot has been said on the TV media as well.

    2. No proof provided that Islam is the only/first religion that provided rights to the women. Have you studied *all* other religions to claim what you claimed above? Are you saying other prophets jesus/moses/ibraheem and the rest of the 124,000 prophets that came did not care about women or did not treat women well or with respect? I highly doubt it and consider it almost blasphemy to imply this. Of course not with death penalty in mind, just academically speaking. ;)

    3. The current behaviour of many Muslims does not give the goody goody impression of Islam that you have depicted above.

    Please do not reply with further clichés. I am sick of them already.

    Thanks

  7. Muhammad Khurram says:
    November 18th, 2006 12:51 pm

    Islam means peace and peace means Islam. Every effort for the protection of woman is good effort. The main thing is that the Act / Bill not use in negative espect. Specially the Hudood Laws are used for the girls who marriage with their own free will and intention.

    Hudoos Laws are not wrong but their use is not right. I think that Government of Pakistan will make the rules for use of the protection of woman bill.

    Islam is the first religion who provide the protection to woman and share of woman as inherited in Property. No other religion give the respect to woman which is available in Islam. Islam is the complete code of life and provide a very important role to womans. Womens in Islam are high respectables.

    Islam is against the life of jungle where no relation is existed. In civil society, the Islam is the only religion which is moderate, best and advance in all ways of life. Other religions are just the words and not the ways of life.

    Thanks.

    Muhammad Khurram
    G.M.
    Muneeb Book House
    1-Turner Road, Lahore Pakistan

  8. Umera says:
    November 17th, 2006 1:22 pm

    Warren,

    The question you are asking is a very valid one and the answer is: because as long as we are able to shift the blame on anyone else, we feel comfortable with the whole issue.

Comment Pages: « 8 [7] 6 5 4 3 2 1 »


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