63. Women Status In Pakistan

264 Emporium Current Essays Emporium Current Essays 265 Wm ^mw® a* @ it* Controversy during constitutional development of Pakistan regarding the meaning of concepts to be incorporated in the draft cons itution made the task of reconciling the liberty and fundamental rights of citizens difficult. The point of the previous article was that efforts at bringing equity among individuals and groups of people with divergent interests got mired soon after independence in the mcrass of emerging ethnicity and parochial identities. Very early, it was realised that self-rule and independence are no guarantee in themselves that interest groups, will not clash with one another. It also became obvious that the rule of majority does not necessarily ensure fair play and justice, and that the legitimate freedom of individuals, particularly of those with a differing point of view, will not be encroached upon, It will be pertinent to point out that states seek to incorporate concepts of fundamental rights in their constitutions rights in their constitutions with a view to ensure that interference with those rights, and the conceptual and normative underpinning thereof, be made impossible even by the legislature. Thus, constitutions of all civilised countries bind administration to respect individual rights by imposing limitations, express or implied, on legislative, executive, and judicial authorities against meddling with individual liberties and freedoms. Authorities interference with individual liberties were legitimatise only where they endangered social fabric by turning into anti-social fabric by turning into antisocial activities or imperilled the well-being and integrity of the community as a whole. Fundamental rights granted to the citizens of Pakistan -- extending from civil, political, economic, social, and cultural rights to the right to the development of one-self, as well as the right to live in a healthy environment - are in no less degree or kind the same as the ones guaranteed to the citizens of the developed countries. Reports, however, speak of gross violations of such rights. The annual reports of the Human Rights Cell of Pakistan, for example, speaks of numerous human rights violations that took place during 1995. It mentions having received some 5,000 cases of human rights

1 abuses -- a number actually much higher considering that most such cases go unreported. It speaks of burning of women, rape, extrajudicial executions, death sentences, use of bar fetters in jails, flogging* and deaths, in police and military custody, but points out that police rarely investigated charges against law-enforcing agencies. As mentioned earlier, violation of individual rights in a particular country, whether by its government or some interest group, is no more a domestic matter. With the developing global consciousness, as well as the institutionalisation of such consciousness through the instruments of the United Nations, communities with poor human rights record are open to outside censure as well as purity measures in the form of sanctions or loss of international support on matters of vital political or administrative significance. Therefore, it is becoming more and more importantly for governments of today to set their human rights records right not only for the moral implications they bear but also for their political and global repercussion. And in this broader context, Pakistan needs to straighten its records. In this and subsequent articles, this writer intends to study human rights issues in Pakistan and discuss their implications on individuals, groups of people, and on the national life. In focusing on the groups most vulnerable to the chauvinistic attitudes of our feudal patriarchal society, this writing will first look into some of the major problems of women in Pakistan. The writing also proposes to see how far the words of our constitution and legislature receive practical application. The crux of the first part of this study is that the women of Pakistan despite having been repeatedly recognised for their significant role in almost all spheres of economy and society have not been integrated in development. While an understanding of woman as an important component of Human Capital had started sometime in 1970s with the growing realisation of her economic potential and contributions, her inclusion in national development plans is yet to take place. Meanwhile, there goes on that fierce battle between the local genre ideologies and
To understand women's situation in Pakistan, in terms of their effort to come to terms with the new realities requiring them to old economic dependence on man, what needs to be considered also is that how the economic development process in the country has benefited women and in what aspects has it generated unfavourable effects on women's position and status. Other pertinent questions may be: what are the main factors facilitating women's entry into mainstream activities in the organisational structure of the state bureaucracy and political life of the nation? What re the ideological orientation of women's movement? What are the laws affecting, women's status? Has the health and medical system undergone improvements to incorporate women's new needs and wants? How is the state machinery help in solve women's problem? And the most important question regards the state responsibility to help women realise their potential: that how many rights achieved on paper are actually enjoyed by the majority of women in the country. Paradoxically, Pakistan is one of those few countries in the world where the highest executive office, that of a prime minister, is being held by a women, but where women have a status lower than that of minority. Against all proclamation of equality of man and woman in the constitution of the country, societal patterns stress on subservience of woman to man. Not only that, the unjust system receives support through discriminatory legislation also. And while the present government's liberal intentions give much courage to the battling feminists, .its inability to call off such discriminatory legislation against women, introduced during the military regime of Zia-ul-Haq, are disappointing. Thus, the atmosphere of harassment of women, produced by the late Zia-ul-Haq, in an attempt to impose strict do's and don'ts on women, through state machinery and with the help of electronic media, continues. Low literacy rate in the country and economic privations can certainly beheld accountable for drawing people into the folds of ideology-, even if against all logical thinking. Nevertheless, the prevalent political environment of liberatism, as well as the government's tacit support and some active measures in support of women's demand for greater empowerment and emancipation, has provided protection against the erstwhile state persecution of NGOs and articulate individuals vocalising women's issues. It is noteworthy wonder that such Emporium Current Essays 267 articulation was strongest during Zia's regime when rebellion against attempts at strict regimentation of women's day to day life was strongest. What needs to be see in this study is the impact of the antiwomen legislation of Zia's time, the present government's efforts to change such legislations, and the role of the feminist movements in this direction. It is true that equal rights by law do not always mean better conditions for women, but implementation of equality in actual practice is definitely better assisted when equality is pronounced categorically, rather than denied expressly. Similarly, working of feminist movements and organisations and do not always reflect a wakening and mobilisation of women at grassroots level, but such struggles by a

numerically small number of a women does promise a trickle-down impact for the women in remote parts of the country through n process of general awakening. As mentioned in the previous article, women's position m Pakistan -- like many other Third World countries - is generally determined by a double set of determents: social norms and economic forces; or, to put it differently, relations of gender and the economic structure of the society. To be able to grasp the two interlined and inter-dependent factors affecting women's social aisd economic status, one needs first to understand the patriarchal • structure of society, a well as its implications on gender relations, which in tun have a bearing on the overall economic activity in the country. Patriarchy, meaning the rule of father or patriarch, is a social structure where a male head of the family controls all other members of the family, a well as all family property and economic resources. When man believes to be superior to women, he considers the women of his family to be his property and considers himself justified in making arbitrary decisions about their lives or keeping a vigil over their day-to-day conduct - this last task, of course, can best be performed by confining them to the seclusion of homes. Where this thinking guides social practices and legislation, women find their lives controlled by men, who, far their own convenience, condition women's thinking to their double standards of morality and norms that give more rights and freedoms to men that to women. It is pertinent, however, to note at this point, that in Pakistan, women' struggle for greater empowerment has never been, save in recent years, against patriarchal system. Their movements have, for the most part, restricted themselves to onlydemanding greater rights and concessions for women. 268 Emporium Current Essays Emporium Current Essays 269 Juxtaposed with feudal patriarchy, which prefers to confine women to homes, are the economic realities of today when the spiralling prices of commodities of evcry-day use and a backbreaking rate of inflation make it hard for a middle-class man to provide for a comfortable living for an average family. In such a situation, need to reconsider 'and redefine women's economic role are more pronounced than ever. However, as indicated previously, women of Pakistan, despite having been repeatedly recognised for their significant role in almost all spheres of economy and society, have not been integrated with national development. One reason for women's less than what is possible role in the country's economics activity has been that their effort to come to terms with the new economic realities requiring them to review their centuries-old dependence on man have not been affirmatively encouraged by the state. And examples affirm that in the process of economic development, in countries like Pakistan where the dynamics of capitalism and

imperialism shape the complexities that reinforce the subordination of women, prosperity benefits women only of policy makers specifically take note or the interests of won. In case of Pakistan, however, political expediency has often taken precedence over the need for the state's encouragement to women's struggles for greater economic independence, and thus for greater contribution s well as share in national development. In fact, national development process has not taken women along itself; rather, there have been political developments (to be discussed in greater detail in the next article of this series) that have contributed to the already existing marginalisatidh of women in the p'frocess of national development. Whereas the historical perception of women as dependants has always led to policies that tend to marginalise women and tend to confine them to subsistence, rural sector, or in urban areas to jobs generally less challenging and thus less well-paid, political developments unfavourable to women in general, and government's policies have also been unhelpful to the women's situation. This argument proves true when examined from several different angles. For example, capitalism views as the head of a household, who is therefore paid a wage that covers subsistence for himself, his wife, and his children, whereas in the same economic system, woman is seen as merely supplementing the family income, and there fore can be aid less for a productive v.ok of equal value. This view countries, in several countries besides Pakistan, although statistics speak of as many as 2 to 40 per cent of all families in many countries living primarily on the earnings of women or as single-parent families headed by women. Thus, it is clear that the assumptions of the capitalist patriarchy, and the resulting gender-discrimination, adversely affect the economic conditions of such women. Moreover, such working-women. Moreover, such working women carry double the burden than makes because of their unpaid work at home, Woman's responsibilities have also become unhelpful for her ability to put in more effort in achieving professional excellence and thus moving up the professional ladder. Unless the government intervenes through affirmative action, women's situation can hardly be bettered in the ongoing process of modernisation. Modernisation programmes themselves are in several ways the reasons for the marginalisation of women and their removal from the work force. In rural areas that come under government's schemes of greater agricultural production, increased mechanisation has caused many women lose their traditional jobs in the fields, and since the society does not encourage technical skills for women, they are forced to go unemployed. Also, where men have met with economic success in the process of modernisation, women of the families have been confined to homes as status symbol. The situation where properly assessed and realised has raised concerns in quarters favouring improved conditions for women with the idea that modernisation, and progress in general have been gender-specific and have not always meant better economic or social conditions for women. Also remains precarious in economic terms the condition of a majority of middle-class urban women who stay at homes and depend on the male heads of the household for their subsistence. Lacking,in skills, they face economic privation in case of the death or

disability of their male earning member of the their male earning member of the family. Also, with a general tendency of disregarding the unpaid household work as not the "real work," such women can hardly claim their coatribution in the economic uplift of the family, and thus hardly figure where important decision-making, particularly in economic matter, is done. This explains in part the tendency to deprive daughters of the right to inherit family property, even though laws are explicit in that regard. Having to give .up the right to family inheritance is. a , violation of women's legal right which the urban women share nith their rural counterparts, the women cultivators in villages who do ;.- much of the work but have little formal entitlement to the land the^ \ cultivate. Highlighting the unwillingness of the male members of ihe' f family to part >uth the family property, several evil practices are | prevalent in villages, such as those of keeping the daughters270 Emporium Current Essays Emporium Current Essays 271 unmarried and trying to sanctify their virgin stage by declaring their marriage to Quran, or, in a bid to prevent transfer of the family property to other families, restricting their marriage to cousins only, which in several cases results in poor matches. While the policy-makers claiming to have women's problems close to their heart realise that property can benefit women only if their interests are specifically about women has hampered such effort. Myths regarding the natural and essential role of motherhood and domesticity for women, coupled wkh the general perception of them as profligate consumers, rather than economic agents, have often been fundamental to policies that serve to undermine their social and economic function. Owing to this thinking, women as recipients of cssistancc in development projects are obviously sidelined and are at a disadvantage. When government views with concern the problems of youth, such as the availability of employment, education, and recreation, priority is given to the needs of the males. It is because of this tendency that plans for female youth re virtually un.heard of. Even the women employed on the margins of urban economy remain constrained by the absence of resources and opportunities. Demanding protective legislation makes women in forma! sector too costly for the employers, and either costs them their job or causes them to be marginalised by their employer. And the other option of homeworking i,s associated with all the disadvantages of informal work.

Amnesty International put Pakistan government on the defensive a couple of months back when it reported that Pakistani women were suffering from widespread human rights violations. In 1985, ten years prior to Amnesty report, the Pakistan Commission on the Status of Women had reported thai women here were "treated as possessions rather than selfreliant, self-regulating humans. They are bought, sold, beaten and mutilate, even killed with impunity and social approval. They are dispossessed and disinherited in spite of legal safeguards and the vast majority are made to work for as long as sixteen to eighteen hours a day, without any payment." Asserting that such is not the condition of the majority of women in Pakistan, does not absolve the country and society of the charge of abusive attitude toward women. Heinz Klein and Rcnate Ncstvogel also pointed out in Women in Pakistan, "the diluted level of pubic outrage [against such incidents] does highlight Pakistan's emphatically patriarchal society wherein women's lives are normally determined by their male relatives...." True to the observation regarding the social dependence of Pakistani women are the statistics regarding their economic dependence --- of course, economic and social dependence are interlinked. Currently, both the official labour force participation rate of Pakistani women and the female literacy rate (16 per cent i:nd 4.8 per cent) are amongst the lowest in the world besides the gender differences are sharp. The situation persists since independence despite the fact that successive governments of Pakistan - save the military government of Zia-ulHaq that reinforced anti-woman traditions through negative legislation - have positively been committed, at least in policy, to women's uplift and to ensuring their greater participation in national development. Analysts argue that gender imbalances ir« both fields of education and employment are due to inaccurate statistics and research data that usually inform and direct the government's policies. The inaccuracies are born social attitude of males who tend to deny that their women actually "work", since there is a social prestige for those men who are capable of earning enough to keep their women unemployed and secluded at home. The misconceptions born of myth and stereotype of ideal women, non-working, home based, and child-rearing, have also much to contribute to the situation. Thus, when schooling and employment facilities are provided, women's needs are underestimated The process of mass mechanisation and technological shifts in rural production ran be taken as an example, where the government-assisted training facilities are basically meant for men, leaving manually working rural women unemployed and poor. It is therefore not surprising that it the last ten years, women workers have remained & small 1 per cent of the labour force and that between 1973 and 1981, the number of working women actually decreased. To understand the current situation of women in Pakistan, one must start from examining the government's official policy toward women and see how far it has helped alleviating

women's sufferings. The Constitution of the counts y has always bee in favour of improving women's condition and protecting their rights. In the 1973 Constitution, it has b?en laid down vide article 34 that steps shall be taken to ensure-full participation o women in all spheres. Article 35 of the Constitution lays do'ra that the Siate shall protect the marriage, the family, the mother, and the child. Article 37 (c) of the Constitution guarantees just arid human working conditions for women and children with respect to their age and^sex, as well as" maternity benefits for employed women. Prostitution has been prevented under Article 37 (g) of the Constitution. V In 1979, the government -of Pakistan Created a scpanfte women's division in the country, with a view to protect women's272 Emporium Current Essays interest. The Women Development Division has been implementing special plans and programmes - through respective departments, public representatives, and nongovernment organisations - based on the priority needs of women, such as training and enhancement of women's skills, income-generating projects, construction of working women's hostels, community centres, health care facilities, day care centres, legal aid centres, and grants in aid for women's development. Prior to this significant development, the Family laws Ordinance in 1961 was a major development in favour of women as it regularised marriages and restrained polygamy. The current Eighth Plan focuses on improving educational status of women, expanding health facilities, providing more openings for income generation, removing discrimination in education and employment, and creating awareness on rights and responsibilities of women, in (he area of education, the target for participation rate of girls has been fixed 81.6 per cent in 1997-98 as against 53.7 per cent in 1992-93. In order to achieve this objective, improvement in the service condition of female teachers through proper training and higher allowances; relaxation of upper age limit, experience, and qualification; provision of transport; and provision of nutrition incentive to girl students will be ensured. Better access to water and sanitation, women's nutrition, expansion of population welfare services through better supervision and community and NGO participation are the core policy areas. Besides provision of employment in primary health related institutions, there is school feeding programme to improve the nutritional status of about 206 million girl students throughout the country with the help of NGOs. There is the target of brining of about 70 per cent of the rural population under family planning coverage; thus 12,000 women will be employed as family planning workers in the rural areas. There is a target for training 25,000 women in the field of secretariat' work," computer-operation, communications, pharmaceutics, hairdressing, wax moulding, precision-casting, and electronics. About five million women will be provided training in the sewing and socio-economic centres, and about one million poor patient? will be assisted through the medical social service projects. All these programmes will require both government and NGO assistance. The government- support for NGOs will be provided for expanding their activities in the rural areas. During the Eighth Plan, Rs. 2.1 billion will be spent for women development programme; Rs. 1.575

billion will be spent on regular programmes and R. 0.525 billion will be spent for the NGO support programmes. Emporium Current Essays Pl«-

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discrimination against a'S° -SCcks to rcmove the overt provisions related to the i^T" '" *Je Hght of constitutional this objective, affirmatj clof.nicnt of women. In order to achieve protect women's rights f \ apProach "•" be .adopted to facilities, inheritance a J° education, employment, credit discriminatory laws arm Pro.Pertv- lt a>«o aims at reviewing prime ministeV directed , P^actices aSamst w«men. last year, the sector jobs for women, b, ,°f, A.QUOta °?ce Per ccnt of a!! Public government is also tnin V dirCCtlve has yet to materialise- The to review the provision8,- C amendments in the Constitution Assembly and the Sena, forrrcservat'°n of seats in the National Government also finally K ' Cr0>™ a"d thcse efforts' Pakistan the Elimination of all%bccame a signatory to the UN Convention (CEDAW), the major in!°rmS.,SCr'mination A§ainst Womcn equality, though with res^™* nal instru™r,t for ensuring gender vr\ uiions. Although the toe^u,,,. k women judges in the h£L U en Imtiativcs iike induction of police stations, but in £her-ceurts and setting up more women's measures can hardly hav prefnce of discriminatory laws, such grassroots level. significance in the life of women at Pakistan intoe'thaS^1-0118 a?d Human Rights Commission of of violence, particularly « >S an alarm'"g increase in the incidents in police lock-ups. Of all f CnmeS; agai"St women' including raPes and violence against HO \S Inst
scarred women's lives th™"' ,Ud°°Jd Ortlinance is said to have Human Rights organisatin Tn ' accordi"g to the country's prisons are charged unde"n ? ^/Vf!!' °f VV°men in the COUnlry'S women to produce four ^ ,"dood Ordinance ~ the law requires a and interpretations of thi " T "Itnesrses to 8et a raPist convicted, fornication, punishing wl Ordmance frequently confuse rape with that, reportedly, on an M mStead °f rapists- This ma* exPIain across the country, and ^'cr.^e\ictt women are abdurted daily suffered some form of se,,! C previ°US year' 1725° M0men women were burnt alive >ual abuse-, Moreover, the fact that more indicates that the increasih ^alftan in 1995 than in any otheTyear, are coming to occupy. Cn -^ • StatUS'the "omen of this countrv paper does not gener^'^'^ that much of what is planed on corruption and widesprel .'• mratPnallse' °"ing to large scale promises of betterment*dfincmcicncy '» bureaucratic offices, the believed ° womcn s position are t\ot generally-