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.
OT:This voting system is funny.Completely bogus.Current score of Umera is 0 votes which doesn’t make any sense.Infact umera got one positive and one negative so both kind of users actually neutralize her thought.*grin*
either remove the voting system or just replace with some decent one.
@Asif:get ready to be voted down ;)
I completly agree with you Adnan.
now have any body any answer of my question
why goverment not change jirga system?
why oorat foundtion and other women rights organization’s not protest against crlity of chodress and order’s of punchayt and jirga system.?
Is main problem of women is Hodood ordinence ?
Why they not solve other important problems ?
I am new here so do not want to offend anyone. But in looking at recent comments, seem to me that everyone is repeating the same point again and again and again but no one is listening. Maybe it is time to end this topic and move on.
Umera
Again I would say that you really not have gone thru the entire old hudood law.hudood law is not all about rape as you and other propaganda people are making it too.
Again,I would say that the current issue is nothing but a political drama.You were provided stats that how many women and men suffered due to such law.You once opened
JewGeo TV and watched Zara sochiye then suddenly you realised its Islamic or Unislamic.For God sake please why do you educated people make us embarass all the time?I never said that laws should have never been changed.They should be but should be done by people who are expert in the field.Right now whoever proposed ammendments doesnt appear experts anyway.For Instance Kishmala Tariq.The problem is that everyone starts considering himself master in religious issue because religion is such an easy target.If I ask you to shed some light upon Quantum Theory or upon Copernicus’s theory then I will not get a single answer.Why?Becasue you guys would feel that its not your field then how come all of you become expert of a relgiion while you[doesnt mean you,a general term here] never opened Quran,read its meaning,never opened Hadiths,neither understood its science of authorizing a hadith?
Religion is nothing but a toy in our hands.Due to this habbit we see lots of differences with in a religion.
Again I would say Fix your judiciary system.Do you believe in theory that Pakistani laws are followed in our villages?Do fudals follow any such law?Comeon Mame!Most of such laws are violated in rural areas rather in cities.You better need to crack down against those fudals who dont accept any law rather they follow Jirga System.Mukhtar Mai suffered due to Jirga system not due to hudood.So better accept the realities and then work on it.Hypocrisy will neitther help you nor me.
p.s: before you go again and say I didnt asnwer you.I answered you more than one.My answer or solution is:
Fix the police,Fix the police and Fix the police
Adnan,
I asked you a question whether you understood why many Muslims (or the so called women/human rights activist)have a problem with this Ordinance but I never really got a reply. Well, one area of problem is that under section 8 of the ordinance rape can be proved either by a confession of the accused or by the testimony of four adult Muslim men who are known for telling truth and have not committed major sin. The further requirement is that such witnesses should testify to the actual act of penetration by coercion.
If the woman is unable to produce the witnesses then the complain for rape is treated as a confession to having illicit sex (zina) and because she does not have four witnesses to prove rape she is charged with zina. The law, therefore, effectively makes it impossible for the rape to be tried and the accused to be committed.
The other is that in case of an unmarried woman pregnancy is taken as a evidence for illicit sexual behaviour. Once again if she is unable to provide four witness under section 8 to show that it was actually rape – her pregnancy is treated as confession to illicit sex and she is committed for zina.
It is completely ludicrous to even suggest that one would have four adult Muslim men of such great character, who would continue to watch this horrendous crime and then would come to give testimony in favour of the woman. It is completely bigotry to suggest that Islam places such conditions. The fact of the matter is that this is complete digression from the Shariah law that has been developed by various Islamic jurist over centuries.
The issue with the law is not that the government should make it secular, the issue is that the government should amend it to make it Islamic and this is just one example of why this Ordinance is so unIslamic.