Line of fire

Women rights or right wing?

Punjab Protection of Women against Violence Act is not the first bill of this sort. However, two aspects make it rather unique; the thorough implantation and procedural mechanisms, and the hue and cry that it has evoked in the opposition and the right wing.

Ironically, in a country that endorses the religion of peace, violence against women has been rampant in one way or the other. Pardon this statement, I am not accusing the entire country of violence, rather this statement acknowledges the presence of violence on our soil in various forms. The funny thing is that our religious scholars hardly ever raised a voice against violence. But as soon as a bill came to oppose and stop it, they started opposing it. In a report published in 2014 by Aurat Foundation, it was reported that six women were murdered and kidnapped each, and four raped, every day of the year. These stats are horrific, so does the Act under question improve the situation?

It needs to be clarified here that this is not the whole argument. A lot of voices have supported this bill, including religious scholars.

Allama Tahir Ashrafi of Pakistan Ulema Council also clarified this while talking to DNA.

“This is a wrong impression that entire religious faction is against this step,” he said.

It is important to analyse what various stakeholders say on the subject.

The content itself

The first and foremost feature that differentiates a legal procedure from its counterparts is the content and the focus itself. It is hardly possible to ensure the effectiveness of any act, bill or law of any sort if it is not crafted and thought through effectively.

Saad Rasool is an eminent lawyer and he thinks highly of this bill.

“I think it is a good bill. It is a very complete and thorough one, and this should definitely be implemented,” he said.

“Laws on this subject have been formed earlier in Pakistan but never really implemented. The nation wants to see a different story this time, and therefore it is important to analyse the procedural aspects that the bill specifies. Things like women not being turned out on reporting or GPS bracelets, but many of the clauses already existed in some form, there was just consolidation.”

However, that is not all. It is more than mere consolidation; rather it includes ways and measures to ensure legal implementation and effectiveness.

“I think the best part about this bill is the implementation part,” Rasool continued. “Practical ways have been suggested to ensure women’s safety, like forming of protection centres, setting up a toll free number, formation of family courts, etc.”

Bushra Gohar, stateswoman and ANP leader, likes the fact that such a measure has been taken, however she does not sound as satisfied as Saad Rasool does.

“The Punjab Women Protection Act is a step towards recognition of the scourge of domestic violence and the need for addressing the root causes. It also recognises that domestic violence is not a personal matter,” she said.

“However, unlike the domestic violence acts of Sindh and Balochistan, the Punjab Women Protection act doesn’t criminalise domestic violence. Its focus is on institutional mechanisms and procedures for provision of protective services to women affected by violence. The law also has other loop holes and definition issues that would need to be reviewed.”

One such definitional issue arises from the fact that emotional and psychological abuse is to be reported as well. However, the document does not provide any insight into what exactly constitutes emotional and psychological abuse. If a woman somehow feels she is the subject of so and so, how is she supposed to prove this in a court of law? This is one example of a definitional issue that needs to be sorted out.

The retaliation

The response to the bill has been very scary and unpromising. Around 30 religious organisations have united under one banner, with a strong resolve to get this bill nullified. The body has threatened severe agitation in the country, and therefore has given rise to a precarious situation.

Bushra Gohar strongly condemns this act.

“I strongly condemn the religious based parties for making the law controversial for political ends,” she stated. “I would also like to condemn Fazlur Rehman for trivialising the issues. Women will not tolerate threats and warped justifications in favour of domestic violence against women. Apparently these mullahs have no problem with violence against women but are raising a ruckus against protection of victims of violence.”

She further strongly recommended the Pun jab government not to dispose of this bill.

“The Punjab government must not dilute the already weak law under pressure. Instead it should consider a review to criminalise domestic violence.”

One may question that the most appropriate stakeholder to answer these reservations and clarify the perspective on this debate would be someone from the religious faction. Since, most of the reservations faced by this bill are being claimed to be religious, it is important that a clarification from one of the Ulema is taken.

Allama Ashraf sounds very positive about this bill. He does feel that amendments are needed but the bill should be kept.

“I think it is a very good bill, and it should definitely be implemented,” he clarified.

“However, we do propose some amendments. I am a part of the committee that the PM has formed on this issue, and we are going to finalise what changes we need on March 22, and present it to the PM on March 24.”

According to him, the criticism faced was not on some religious ground; rather it was all due to political ends.

“There is a lot of politics going on in this debate,” he asserted. “We do want some amendments in this bill, however the demand that this must be diluted is unreasonable, and this impression is wrong that religious right is against protection of women. Those people who are involved in this ruckus should not be doing so. I think these people should then specify what the flaws of the bill are, and what changes need to be made.”

Therefore, it is imperative that all stakeholders gather under one banner and constructively critique and suggest any improvements rather than threatening agitation.

Religion, society and women

Societal forces play a major role in any kind of action taken in that particular society. Religion also factors in and most of the decisions taken are a function of the religo-societal mindset prevalent in any given point in time. Therefore, it is important to see beforehand what direction these winds take along the harbour.

Saad Rasool thinks that this bill does not go against the entire society or the teachings of Islam.

“There are two kinds of social forces, one that is in favour of this bill and one that is against this bill,” he explained.

“Now, the one in favour has got the bill passed. The one against is now in action. This bill can be diluted only if it clashes with one of the principles of the constitution, or it clashes with some Islamic principle. It has been attested that it does not violate the constitutional principles. Now Federal Shariah Court has to decide the compatibility of this bill with Islam. The principles of Islam can be widely interpreted to support this bill, or they could be narrowly interpreted to oppose it. I would say that they should be widely interpreted.”

If we consider religion, the stance of Islam is very clear on women’s rights. Islam was the first religion that gave protection to women. Women, who could never think of inheritance, were given a share both in their father’s and their husband’s assets. Islam also ordered men to be kind to women. Then what is all this religious debate on the bill?

Allama Ashrafi holds similar opinions.

“It is sad that these people don’t raise a voice against violence but do raise hue and cry on such bills,” he said.

“The status that Islam has granted to women is unparalleled. But all the wrongs that women have to face in southern Punjab and interior Sindh are really sad. Dowry is a big problem as is wedding off girls to the Quran, which is a big brutality that they have to face. I ran a campaign on this, and worked on it on three Fridays. These things need to be stopped.”

One of the allegations against this bill is the risk of divorce and how it would ruin the family system. Any sane person here would ask one basic question. If protecting women from violence breaches the family system, then how safe is the family system for women to begin with?

“There are two kinds of marriages; happy marriages and long-lasting marriages,” said Saad Rasool. “A long-lasting marriage is not necessarily a happy marriage. All the concerned parties to a marriage should be happy. If a wife is being abused by her husband, then even Islam should grant her the right of divorce. And in my opinion such steps need to be taken now to bring about change. Women Protection Bill can be a positive ray of hope in this regard.”

And he is right. A long-lasting marriage might just be a chronic problem built on sacrifice and compromise on the part of the wife. Therefore it is time to think beyond politics and sit together to amend and reform this law rather than debating its existence.

“There is a lot more politics basically,” Allama Ashrafi commented. “I would advise all the opponents of this bill to give constructive suggestions rather than politicising the issue.”

And that is it. Let us stop quarrelling on whether an owl is allowed or forbidden. Rather let us dispense our energy for some positive purpose.