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Violence against women in Pakistan, particularly intimate partner violence and sexual violence, is a major public health problem and a violation of women's human rights in Pakistan. [1] [2] Women in Pakistan mainly encounter violence by being forced into marriage, through workplace sexual harassment, domestic violence and by honour killings. [2]
In Pakistan, domestic violence is considered a private matter, as it occurs in the family. Spousal abuse is rarely considered a crime socially unless it takes an extreme form of murder or attempted murder. Various forms of domestic violence include physical, mental and emotional abuse.
In the late 70s and 80's, Pakistan witnessed a regression of women's rights and laws were amended to reflect this discrimination. [3] However, in the last 10–15 years, there has been some success in passing policies and laws to prevent practices such as early age marriages, honor killings, sexual harassment, domestic violence and rape. Many of these laws have been introduced by women parliamentarians in Pakistan. [4]
According to Dr. Rukhsana Iftikhar and Dr. Maqbool Ahmad Awan in the Journal of Political Studies, "Pakistan is an agrarian state where the concept of personal ownership is very much common", with the two writing "Women are also considered personal properties in Pakistan". [2] The two state that such violence persists due to religious and cultural norms within the country. [2] Pakistani women are expected to maintain modesty while men are expected to project masculinity to keep honour among their families. [5] Traditional views in Pakistan believe that if dishonour is not corrected, it may spread beyond singular incident and into the community. [5]
Poverty is one of the important causes for violence in Pakistan. In Pakistan, every third women is illiterate and hence unaware about her rights. Increased level of education can create awareness and help them to speak up for their rights and bring change in their status. Some ancient traditions and customs which are still followed. This includes exchange marriages, marriage with Quran, Karo Kari, Honor killing and Dowry. [6]
In a 2008 survey, 70% of women respondents reported that they experienced domestic violence. [2] According to a 2009 Human Rights Watch report, 70-90% of Pakistani women suffered with some kind of domestic violence. [7] About 5,000 women are killed annually from domestic violence in Pakistan, with thousands of other women maimed or disabled. [8] Law enforcement authorities do not view domestic violence as a crime and usually refuse to register any cases brought to them. [9]
In the 2012-2013 Pakistan Demographic and Health Survey, 3,867 married or previously married women were questioned. [10] Of the respondents, 47% of these women believed that physical violence was just if a wife had argued with her husband. [10] The survey found that such beliefs on domestic violence were often passed down to future generations of children. [10] Marital rape is also a common form of spousal abuse and it is considered to be a crime under Pakistani laws. [11]
Marital rape is also a common form of spousal abuse and is Illegal in Pakistan. [12] [13]
In Pakistan, Hindu and Christian girls are kidnapped, raped, forcibly converted to Islam and forced to marry Muslim men. About 1,000 non-Muslim girls are forcibly converted to Islam in Pakistan every year. [14] [15]
However, according to "[t]he All Pakistan Hindu Panchayat (APHP)...[the] majority of cases of marriages between Hindu women and Muslim men were result of love affairs. It said due to honour, the family members of women concoct stories of abduction and forced conversions". [16] Forced conversions to Islam have become a new form of violent extremism in Pakistan. It affects almost all religious minority groups in Pakistan but Hindu teenage girls in the Sindh province are the main victims. Even after 70 years, the trend of forced conversions in the country is making a mockery of Pakistan's constitution, which provides equal rights to all religious minorities. [17] [18] [19]
Historically, honour killings have occurred in sub-continent for hundreds of years [5] and authorities in the country, legally obligated to treat such incidents as a crime of homicide, often ignore such killings. [20] As of 2019, thousands of honour killings occurred annually in Pakistan. [2]
The topic of sex is a taboo subject in Pakistan, therefore women often refrain from reporting their experiences with rape. [12] According to a study carried out by Human Rights Watch there is a rape once every two hours [7] and a gang rape every hour. [21] [22]
Women's Studies professor Shahla Haeri stated that rape in Pakistan is "often institutionalized and has the tacit and at times the explicit approval of the state". [23] [24] According to lawyer Asma Jahangir, who was a co-founder of the women's rights group Women's Action Forum, up to seventy-two percent of women in custody in Pakistan are physically or sexually abused. [25]
Between 2015 and 2020, according to TransAction Alliance Khyber Pakhtunkhwa, 68 transgendered people were murdered in the province of Khyber-Pakhtunkhwa, [26] and in 2018 alone, 479 transgender women were attacked in the province. [27]
Article 25 of the 1973 Pakistani constitution states: "All citizens are equal before law and are entitled to equal protection of law. There shall be no discrimination on the basis of sex. Nothing in this Article shall prevent the State from making any special provision for the protection of women and children. [28] "
Article 23 of the 1973 Constitution states: "Provision as to property. Every citizen shall have the right to acquire, hold and dispose of property in any part of Pakistan, subject to the Constitution and any reasonable restrictions imposed by law in the public interest." [29]
Article 310A states: “Punishment for giving a female in marriage or otherwise in badla-e-sulh, wanni or swara.- Whoever gives a female in marriage or otherwise compels her to enter into marriage, as badal-e-sulh, wanni, or swara or any other custom or practice under any name, in consideration of settling a civil dispute or a criminal liability, shall be punished with imprisonment of either description for a term which may extend to seven years but shall not be less than three years and shall also be liable to fine of five hundred thousand rupees.” [30]
The Prevention of Anti Women Practices Act 2011 states: "Whoever by deceitful or, illegal means deprives any woman from inheriting any movable or immovable property at the time of opening of succession shall be punished with imprisonment for either description for a term which may extend to ten years but not be less than five years or with a fine of one million rupees or both." [31]
National Commission on Status of Women [32] in Pakistan is federally administrated department to ensure the effective legislation for women in Pakistan. National Commission on the Status of Women (NCSW) is a statutory body, established in July 2000. It is an outcome of the national and international commitments of the Government of Pakistan. Three Commissions have completed their respective term of three years. Term of the last Commission expired on 31 December 2008. It was established with the specific purpose to examine policies, programs and other measures taken by the Government for women's development and gender equality. The strategies of NCSW are Work and lobby with lawmakers, parliamentarians and other decision makers for promotion of laws and regulations aimed at empowering women. Advocate, lobby and build coalitions and network for promoting women's rights whereas the priorities are Ensuring the development of implementation mechanisms for laws passed in last five years. Undertaking select litigations, e.g. against Jirga's, honor killing etc. Promoting enactment of pending legislations for women's protections and empowerment.
A Muslim marriage is still legal if it is contracted according to the religious requisite. A man who wants to enter a subsequent marriage must submit an application and pay a fee to the local Union Council. The application must state the reasons for the proposed marriage and indicate whether the applicant has obtained the consent of the existing wife or wives. A polygamous marriage contracted without the Union Council's approval cannot be registered. The minimum marriage age is set at 18 years for men and 16 for women. Under-age marriages are not rendered invalid. [36]
A wife is entitled to all the property that she has earned for herself and also to the benefits deriving from the property of the husband. The Act guarantees women with the right to divorce, also knows as Khula. Maintenance of the wife is responsibility of husband during the whole duration of marriage. A woman can get a decree for the dissolution of the marriage if her husband contracts a polygamous marriage in contravention of the Muslim Family Laws Ordinance.
A married woman has the right to separate property and to take legal proceedings in her name.
Inheritance provisions may vary depending on whether the deceased was a Christian, a Hindu, or a Muslim. Inheritance for Muslims is governed by Islamic Shariah. The definitions of heirs, and their shares, are decided according to their sects and sub-sects. [35]
Under the Sunni law there are 12 shares in a deceased person's property, four for males and eight for females. The Shia law recognizes nine shares and does not include grandfathers, grandmothers or sons and daughter/s. Female children are entitled to half the inheritance of male children; wives inherit one-eighth of their husband's estate. The 1962 West Pakistan Muslim Personal Law Shariat Application Act entitled Muslim women to inherit all property, including agricultural property. It also extended the Shariat to all of West Pakistan, except tribal areas in the North West Frontier Province. The law of inheritance is based on the following principles: All shares are distributed to legal heirs by intestate succession. Heirs acquire an absolute interest in specific shares of the estate of their ancestor, even before distribution. Vested inheritance may occur. For example, if an heir dies before distribution, but was alive at the ancestor's death, the share of his/her vested inheritance passes on to his/ her heirs. [37]
Domestic Violence cases surged during the lock-down period that was imposed because of COVID-19. [38]
Many media outlets reported cases of domestic violence nationwide. Statistics show a 25% rise in domestic violence for one province only. Government agencies and NGOs working for the victims have suffered from the Pandemic as well and are lacking in infrastructure. Many of the shelters have been turned into quarantine stations due to which domestic violence cases cannot be entertained. The government has issued a COVID-19 alert that provides a helpline, 1099, and a Whatsapp number 0333 908 5709, to report cases of domestic violence during lock down. [39]
Amidst the COVID-19 lockdowns, lost jobs, economic downturn, and husbands working from home, Pakistan is witnessing a disturbing surge in spousal abuse and domestic violence. [40]
Legal hotlines provide emergency support and referral services over the phone those in volatile relationships. Hotlines are generally dedicated to women escaping abusive relationships and provide referral to women's shelters. There are various helplines providing services to women in sufferings in Pakistan.
The Ministry of Human Rights [41] is managing and operating Shaheed Benazir Bhutto Human Rights Centre for Women in Islamabad. Victims of violence can share their sufferings in strict confidentiality with volunteers and social of pain and humiliation. The Center is equipped with facilities including free medical and legal aid and has a shelter home.
The Ministry of Human Rights operates helpline number 1099, [29] and the centre is located at Ministry of Human Rights, St # 04, Pitrass Bukhari Road, Sector H-8/1, Islamabad and is reachable over the phone at +92519101256-8 [42]
The Punjab Women's Toll-Free Helpline 1043 and online complaint form is available 24/7. Managed and supervised by PCSW, [43] this helpline team comprises all-women call agents, three legal advisors, psychosocial counselor, supervisors and management staff to address inquiries and complaints, and to provide psycho social counseling, on workplace harassment, gender discrimination, property disputes and inheritance rights, domestic violence and other women's issues. [44]
AGHS provides legal aid in the violation of human rights by the state or non- state actors, women in obtaining their rights under family law and to women and children, and other victims of the abuse of due process and in prisons to women and juveniles. Email us: aghs@brain.net.pk | Call: 042-35842256-7 [46]
The Sindh Legal Advisory Call Centre provides free of cost legal advice on civil, criminal, public service related matters. [47] on toll free number 0800-70806. The service may be available to anyone in Pakistan.
Digital Rights Foundation's cyber harassment helpline is toll-free helpline for victims of online harassment and violence. The helpline provides a free service on its toll-free number 0800-39393 everyday from 9:00 a.m. to 5:00 p.m and over email at helpdesk@digitalrightsfoundation.pk. [47]
Rozan, a Islamabad based non-profit works on issues related to emotional and psychological health, gender, violence against women and children, and psychological and reproductive health of adolescents. It provides free counseling over the phone on toll free number 0800–22444 and regular number 0303-4442288 from Monday to Saturday, between 10:00 am to 6:00 pm. [48]
The status of women in India has been subject to many changes over the time of recorded India's history. Their position in society deteriorated early in India's ancient period, especially in the Indo-Aryan speaking regions, and their subordination continued to be reified well into India's early modern period.
Women in Pakistan make up 48.76% of the population according to the 2017 census of Pakistan. Women in Pakistan have played an important role throughout Pakistan's history and they are allowed to vote in elections since 1956. In Pakistan, women have held high offices including that of the Prime Minister, Speaker of the National Assembly, Leader of the Opposition, as well as federal ministers, judges, and serving commissioned posts in the armed forces. Lieutenant General Nigar Johar, attaining the highest military post for a woman. Benazir Bhutto was sworn in as the first woman Prime Minister of Pakistan on 2 December 1988.
Violence against women (VAW), also known as gender-based violence and sexual and gender-based violence (SGBV), are violent acts primarily or exclusively committed by men or boys against women or girls. Such violence is often considered a form of hate crime, committed against women or girls specifically because they are female, and can take many forms.
The situation of Human Rights in Pakistan is complex as a result of the country's diversity, large population, its status as a developing country and a sovereign Islamic democracy with a mixture of both Islamic and secular law.
Human rights in Bangladesh are enshrined as fundamental rights in Part III of the Constitution of Bangladesh. However, constitutional and legal experts believe many of the country's laws require reform to enforce fundamental rights and reflect democratic values of the 21st century.
Feminism in India is a set of movements aimed at defining, establishing, and defending equal political, economic, and social rights and opportunities for women in India. It is the pursuit of women's rights within the society of India. Like their feminist counterparts all over the world, feminists in India seek gender equality: the right to work for equality in wages, the right to equal access to health and education, and equal political rights. Indian feminists also have fought against culture-specific issues within India's patriarchal society, such as inheritance laws.
Honour killings in Pakistan are known locally as karo-kari. According to the Human Rights Commission of Pakistan, over 470 cases of honour killings were reported in Pakistan in 2021. But human rights defenders estimate that around 1,000 women are killed in the name of honour every year. An honour killing is the homicide of a member of a family or social group by other members, due to the belief the victim has brought dishonour upon the family or community. The death of the victim is viewed as a way to restore the reputation and honour of the family.
Women in Malaysia receive support from the Malaysian government concerning their rights to advance, to make decisions, to health, education and social welfare, and to the removal of legal obstacles. The Malaysian government has ensured these factors through the establishment of Ministry of National Unity and Social Development in 1997. This was followed by the formation of the Women's Affairs Ministry in 2001 to recognise the roles and contributions of Malaysian women.
Domestic violence in India includes any form of violence suffered by a person from a biological relative but typically is the violence suffered by a woman by male members of her family or relatives. Although Men also suffer Domestic violence, the law under IPC 498A specifically protects only women. Specifically only a woman can file a case of domestic violence. According to a National Family and Health Survey in 2005, total lifetime prevalence of domestic violence was 33.5% and 8.5% for sexual violence among women aged 15–49. A 2014 study in The Lancet reports that although the reported sexual violence rate in India is among the lowest in the world, the large population of India means that the violence affects 27.5 million women over their lifetimes. However, an opinion survey among experts carried out by the Thomson Reuters Foundation ranked India as the most dangerous country in the world for women.
Domestic violence in Pakistan is an endemic social and public health problem. According to a study carried out in 2009 by Human Rights Watch, it is estimated that between 10 and 20% of women in Pakistan have suffered some form of abuse. Women have reported attacks ranging from physical to psychological and sexual abuse from intimate partners. A survey carried out by the Thomson Reuters Foundation ranked Pakistan as the sixth most dangerous country for women while India ranked 1st as the most dangerous country for women. Given the very few women's shelters in the country, victims have limited ability to escape from violent situations.
Prosecution of gender-targeted crimes is the legal proceedings to prosecute crimes such as rape and domestic violence. The earliest documented prosecution of gender-based/targeted crimes is from 1474 when Sir Peter von Hagenbach was convicted for rapes committed by his troops. However, the trial was only successful in indicting Sir von Hagenbach with the charge of rape because the war in which the rapes occurred was "undeclared" and thus the rapes were considered illegal only because of this. Gender-targeted crimes continued to be prosecuted, but it was not until after World War II when an international criminal tribunal – the International Military Tribunal for the Far East – were officers charged for being responsible of the gender-targeted crimes and other crimes against humanity. Despite the various rape charges, the Charter of the Tokyo Tribunal did not make references to rape, and rape was considered as subordinate to other war crimes. This is also the situation for other tribunals that followed, but with the establishments of the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR), there was more attention to the prosecution of gender-targeted crimes with each of the statutes explicitly referring to rape and other forms of gender-targeted violence.
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Rabiya Javeri Agha is the Chairperson of the National Commission for Human Rights (NCHR) in Pakistan, and a retired civil servant officer who served in the Government of Pakistan in BPS-22 grade as Federal Secretary. She was the first unanimously elected female President of the Pakistan Administrative Service (PAS) Officers Association, and she has had an extensive career ranging from human rights, women's development, sustainable tourism, energy, finance and trade.
Inheritance law in Pakistan are the law in Pakistan that is related to inheritance. Article 23 of the 1973 Constitution of Pakistan grants all citizens rights to property, though women have faced challenges to assert the rights. There have been government initiatives to educate and assist women with inheritance.
Fauzia Viqar is a Pakistani human rights activist with a focus on women's rights. She served as the first chairperson of the Punjab Commission on the Status of Women from 2014 to 2019.
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Divorce in Pakistan is mainly regulated under the Dissolution of Muslim Marriage Act 1939 amended in 1961 and the Family Courts Act 1964. Similar to global trends divorce rate is increasing gradually in Pakistan too. In Punjab (Pakistan), in 2014 khula cases registered were 16,942 that rose to 18,901 cases in 2016.
The Punjab Commission on Status of Women (PCSW) is a human rights institution in Pakistan, which was established by the Government of Punjab in March 2014 under the PCSW Act, 2014. Its mandate is to work for the empowerment of women, expansion of opportunities for socio-economic development of women, and elimination of all forms of discrimination against women.
The legislative assembly of Pakistan has enacted several measures designed to give women more power in the areas of family, inheritance, revenue, civil, and criminal laws. These measures are an attempt to safeguard women's rights to freedom of speech and expression without gender discrimination. These measures are enacted keeping in mind the principles described by the Quran.
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