CRIMES AGAINST WOMEN


Commitments under CEDAW
Pakistan as a signatory to the UN Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) displayed in the compliance of the commitments in the treaty.Pakistan also failed to submit a report for eight years about the removing discriminations against women to CEDAW Committee. In 2005 a report was submitted that failed to admit government’s failures and presented excuses for lack of action on ground.

A keen attention to intricate social aspects of crimes is required to understand and recommend a course of dispensation of justice. The individual aspect of criminal responsibility underlined by induction of Qisas and Diyat Ordinance (1990) in the Pakistan Penal Code, besides other problems, undermined this fine point in the modern jurisprudence and legal system.

The crimes perpetrated specifically against minority women manifest trends e.g. revenge, hatred, injured feelings and defense of false concepts of honour. Sexual crimes against the minority women are systematic and have their roots in caste and class notions as well as religious prejudices. The suffocating cultural – religious restrictions that frustrate psychologically and breed vulgarity in the society and on the contrary absence of healthy out lets for free expression and grooming of a good citizenry, can also be cited as reason, however not excuses.

With existing mindset there certainly are young male of the middle class who would want to exercise their gender superiority. Preying upon the most vulnerable females is naturally the most probable out come. The sad part of the story is that the state machinery is promoting these crimes by commission and omission rather than addressing the situation.

Recommendations of the Commission on the Status of Women under the bold leadership of Justice (R) Mrs. Majida Rizvi regarding abolition of discriminatory laws in 2003 were not implemented in 2006. It is sad to note that the recommendations had been repeated after six years by another governmental body. The Inquiry Commission on Status of Women chaired by Justice Aslam Nasir Zahid had also recommended the repeal of Hudood Laws in 1997.

This issue of Human Rights Monitor reports cases of rape of women belonging to minorities. Abduction and rape of minority women is shown to be trend inaction on part of the government is responsible for crimes against the most vulnerable group of women. Women belonging to minorities despite their emancipative role in the society faced a double jeopardy.

The panchayat system
Panchayat is an informal body of elders in a settlement. This ancient social institution had almost lost its influence until few years ago. It made a come back, basically due to the failures of modern legal judicial system.

The measures taken by government were to reform the justice system were superficial. This ancient social institution operates like a court, whereas the process is dependent on sweat will of the local powerful. The Panchayat is dominated by male members of a settlement (especially in rural areas) and has tendency to decide matters, on whims. Moreover, the institution is not regulated by any law to a large extent.Millions of Panchayats in the country, in one form or the other, are responsible for many a human rights violations and injustices every day. These Panchayats cannot protect the rights of weaker section, women, minorities etc.

Double jeopardy
1- The women of minority communities undoubtedly face a double jeopardy, being a member of impoverished community without a social status and being a woman who are at the margin of power structures whatsoever form and nature.

2- ‘Young Hindu Women from both the upper caste and Dalit families have been abducted with increasing frequency in recent years. In some incidents, when the girl did not come back home from college, her parents reported her disappearance to the police, who informed them after a lapse of time that she had eloped with a Muslim ”friend“ converted to Islam and married him.’
Anwar Syed Professor Emeritus of Political Science in University of Massachusetts

                                                                                                       Daily Dawn June 18, 2006
Set on fire
Muhammad Yousuf a Muslim man indulged in eve teasing a female Naseem 42, sanitary worker In Talagang Rawalpindi. She discouraged his advances. One day she was on her way to home, Muhammad Yousuf doused patrol on her and set her on fire. Case was registered under section 324. The accused was at large till this report.                      Daily Jang Rawalpindi May 21, 2006

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