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