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No reason to celebrate

mehru

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BHUTTO, a documentary about Benazir Bhutto`s life, recently opened in the US to gushing reviews. The film sidesteps allegations of corruption, and instead revives the feminist mythology of the former prime minister`s first term. Interviewees describe her as the first female head of a Muslim state, the woman who succeeded despite the fact that her parents mourned her gender at her birth.

The urge to celebrate Benazir`s successes as a woman is common, and seems to be catching. Desperate to bookend critiques of Pakistan with positivity, westerners and local analysts alike point to the country`s women as a source of hope. They emphasise that female students are the top scorers in university exams; that feisty, female anchors keep Pakistanis informed through nightly newscasts; that rural women sustain families with microfinance loans; and that the Supreme Court Bar Association is headed by a phenomenal female lawyer.

Paeans to Pakistani women also highlight how they accomplish against all odds. It is the Mukhtaran Mai model of feminism: after being gang-raped and dragged naked through the streets, she started her own school. And Benazir sought revenge by championing democracy. This recurring theme pits Pakistani women as capable of saving themselves, each other, and the country as a whole.

Too bad reality does not concur with these lofty narratives. The Federal Shariat Court`s declaration about the unconstitutional nature of some clauses of the Protection of Women Act (2006) is the latest blow to the struggling cause of women`s rights in Pakistan.

Through this judgment, the FSC is advocating for the Hudood Ordinance to be reinstated in its most brutal and unjust form: it has ruled on provisions that require female rape victims to produce four witnesses to support their claims, and entitle police to arrest women who report rape on charges of adultery. In other words, it appears the court would like to sanction the false convictions and wrongful imprisonment of victimised women.

Unfortunately, this is not the only setback to women`s rights in 2010. The year began with the death by the alleged torture of Shazia Masih, a young maid in the employ of a prominent lawyer. The case inspired urgent calls for the government to reintroduce the Domestic Violence (Prevention and Protection) Bill, which lapsed last year after the Senate failed to pass it. Months have gone by, and Pakistani women still await the bill`s second coming.

Tens of thousands of girls continued to be deprived of an education as the Taliban blew up dozens more schools, while the government showed little interest in rebuilding and securing the facilities. Atrocities such as honour killingsthrived under the guise of tradition, while mounting cases of rape, domestic violence and harassment remained beyond the purview of the law. All this, despite the fact that this summer`s flooding exposed the pitiable state of Pakistani women to the world. As the Indus breached its banks, we saw waves of malnourished, illiterate, poverty-stricken women, without so much as a national identity card to call their own.

Given the ongoing plight of Pakistani women, it is strange to think that just last year the nation`s attitude towards extremists was changed by televised images of a young woman from Swat being flogged. Overnight, people rallied to defend women against such brutalities. But back then, too, it would have been fallacious to think that security policy could be dictated by a genuine interest in safeguarding women`s rights. The fact is, women`s rights in Pakistan are a political tool that is wielded by various factions to manipulate an emotive public and further agendas that rarely have anything to do with women.

The Asian Human Rights Commission has already warned that religious parties will exploit the FSC ruling for political gain — expect a pro-Hudood campaign in the same vein as the ongoing pro-blasphemy law movement. Coinciding with the religious right`s machinations to wrest power from the ruling coalition, the judgment offers the perfect impetus to launch an anti-women platform, hog news headlines, and rouse conservative sentiment to drive future electoral gains.

Of course, all blame for the political manipulation of women`s issues does not lie with the right alone — the left is equally guilty. Consider the PPP, which uses the Benazir symbol to legitimise a corrupt and crumbling government. This is the same government that allowed Senator Israrullah Zehri to become a federal minister after he defended the alleged burying alive of five women in Balochistan as `tribal tradition.` It is also the same government that imposed the Sharia law in agreement with the Tehrik-i-Nifaz-i-Shariat-i-Mohammadi in Swat last year, despite knowing the implications for women`s rights.

While warning against the `Talibanisation` of Karachi, the MQM too raised the cry of women`s rights. But as ethnic strife in the city has intensified, many have dismissed that as an attempt to stem demographic change along ethnic — and thus electoral — lines. Where were these political parties when the domestic violence bill lapsed? And what will they do now that the FSC has issued its ruling about the women`s protection act?

Nothing illustrates the fact women`s rights are a political ploy, rather than a genuine movement, more than Sharmila Farooqui`s recent response, as reported, to the alleged gang-rape of a young woman in Karachi. Rather than defend the victim`s privacy and legal right to prosecute, Farooqui revealed her identity to the media and expressed scepticism about her claims. One cannot say that a woman of Farooqui`s generation has been brainwashed by a patriarchal mindset; one can only assume, then, that she believed it was politically expedient to downplay allegations of rape, rather than use the opportunity to decry the injustices of the Hudood Ordinance.

In this environment, Pakistani women should not be fooled into thinking that their rights are secure or expanding. Isolated incidents such as Asma Jehangir`s SCBA victory are no indication of how far we`ve come. In truth, Pakistani women`s status is devolving, and that too in the name of a vibrant democracy. Rather than celebrate the exceptions, the international community should pressurise the government to prioritise women`s empowerment. The first step towards curing a problem is admitting that you have one.

The writer is the Pakistan Scholar at the Woodrow Wilson Centre in Washington, DC.

No reason to celebrate - Huma Yusuf | Opinion | DAWN.COM
 
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EDITORIAL: Do we need a moral police?

Women’s rights groups as well as the National Commission on the Status of Women have come out strongly against the verdict of the Federal Shariat Court (FSC) that seeks to restore the primacy of Hudood laws in cases relating to the offence of zina (adultery) and qazaf (false accusation of adultery), which have a long history of abuse and injustice. The Women’s Protection Act 2006 omitted two sections of the Hudood Ordinances which, to some extent, reduced the likelihood of abuse of these laws against women accused of adultery. Their cases could now be tried under the Pakistan Penal Code, instead of exclusively under the Hudood Ordinance. However, not only did the FSC declare Sections 11, 25, 28 and 29 of the Women’s Protection Act 2006 un-Islamic and unconstitutional on the premise that the overriding effect of the Hudood Ordinances over other laws could not be taken away, it also asserted that the jurisdiction to hear appeals under any law relating to ten offences covered by the term ‘hudood’ for the purpose of Article 203 DD of the constitution lies with the FSC and not the high courts. The FSC thus gave parliament time till June 22, 2011 to make amendments to the Women’s Protection Act to restore these clauses, otherwise the court’s verdict would stand and these clauses would be considered restored. The court also directed the government to amend the Control of Narcotic Substances Act of 1997 and Anti-Terrorism Act 1997 to lay down a procedure for filing of appeals to the FSC instead of a high court for such offences. Certain sections in these laws, according to the FSC, constitute a violation of Article 203 DD, which empowers the FSC to examine any case relating to the enforcement of hudood heard by a lower court. All this is nothing short of an attempt at legislation by the FSC.

The FSC was created by General Ziaul Haq in 1980 in the name of Islamising the justice system. This is yet another instance that indicates how vestiges of that era continue to undermine the spirit of justice. In asserting its exclusive jurisdiction, the FSC did not take into consideration numerous cases where innocent women were implicated on false charges or survivors of rape charged with adultery while the perpetrators were allowed to go scot-free. In its order it said, “No legislative instrument can control, regulate or amend its exclusive jurisdiction which was mandated in the constitution.” Is the court not acting as a moral police over and above parliament, the judicial system and society itself? The FSC has provided parliamentarians, media and civil society an opportunity to debate the place of a religious court in a democratic, constitutionally run state. In the process of creating a parallel judicial system, a military dictatorship handed to the FSC enormous clout in the name of religion to pronounce on anything and everything under the sun. Despite the blatantly undemocratic and theocratic nature of these measures, the issue of their repeal was not taken up in the 18th and 19th Amendments to the constitution.

All the laws created to ‘Islamise’ the system deserve to be repealed on merit; these are bad laws. The whole edifice constructed on that foundation also needs to be abolished. The retrogressive and reactionary nature of, and setting itself above parliament’s will by the FSC, is the corollary of that misplaced emphasis on religion in matters of governance. This is by no means compatible with the concept of a modern democracy, which Pakistan aspires to become. It is time that the government and other democratic forces stopped soft-pedalling around the legacy of Ziaul Haq and went ahead with its repeal in toto. *

Daily Times - Leading News Resource of Pakistan
 
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Bhutto ... Bhutto ... Bhutto i m sick of this word ... what hav Bhuttos delivered in their almost 15 years of direct rule in Pakistan is abject failure . They hav managed to hoard their foreign bank accounts ...that's what they hav done .
 
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I am Pakistani and I am proud of being Pakistani. I PPP PLM-N other socalled patriotic parties and their followers have no interest in Pakistan's Future, They are destroying our country's natural resources and economy. We must get rid of these wolves and bring someone who really can bring us on track to success.
Muhammad Sajjad Bhatti, Sialkot - Pakistan
 
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