Violation Of Women's Rights

VIOLATION OF WOMEN'S RIGHTS VIOLATION OF WOMEN'S RIGHTS [Paper read at a conference under the auspices of the Pakistan Women Lawyers' Association on 14th October, 1993.] By Mr. Justice Haziqul Khairi, Judge High Court of Sindh It is a great honour and privilege for me to be invited by the All Pakistan Women Lawyers' Association to address such an august gathering on a subject of utmost importance to all of us. I congratulate Mrs. Rashida Patel, the President of the Association and other Organizers for holding a conference on violations of human rights with special reference to women. I do not profess to be a champion of human rights. However, by reason of my duties and inclination, the subject has assumed a great deal of significance for me. There is so much of hue and cry today of human rights violation all over the nook and corner of the world, but man is not at peace with himself or with others and with the passage of time the world is not certainly a better place for him to live in. It will not be possible for me to encompass all these violations within a short span of time available to me, I will therefore, confine myself to what I see around me in my own dear country. It is a matter of recorded history that Pakistan from its very inception recognised the universal principle of equality to all citizens irrespective of their religion, race, sex, birth, wealth, position or power etc. The Father of the Nation in his speech at the public reception at Chittagong on 26th March, 1948 declared:" Brotherhood, equality and fraternity of man‑‑‑these are all the basic points of our religion, culture and civilization. And we fought for Pakistan because there was a danger of denial of these human rights in this sub continent:' How dear was the cause of human rights for him is evident by the fact that while on 11th August, 1947, Qauid‑e‑Azam was elected as President of the Constituent Assembly of Pakistan, the very next day he appointed a Committee under his guidance of Fundamental Rights of Citizens of Pakistan and on matters relating to minorities." This Committee formulated an interim report which was the basis of the report presented to the Constituent Assembly in 1950".[1] The Quaid even much before Pakistan was born, had declared at a Press Conference held on 14th July, 1947 that "Minorities to whichever Community they may belong, will be safeguarded." There will be no interference of any kind with their freedom of worship. They will have their protection with regard to their religion, faith, their life, their culture. They will be in all respects, the citizens of Pakistan without any distinction of caste or creed."[2] The Qauid's promise and the nations' commitments to his ideals relating to basic human rights were translated, proclaimed and enforced through the Pakistan Constitution of 1973 under the caption of fundamental rights in Chapter 1, a mere glace of which will place Pakistan in line with the most advanced and democratic countries. Article 2A which has now become a substantive part of the Constitution guaranteed, inter alia, full observance of the principles of democracy, freedom, equality, tolerance and social justice as enunciated by Islam and reiterates protection and safeguard of interest of minorities, equality of status, of opportunity, social, economic, political justice and freedom of thought, expression, belief, faith, worship, and association, subject to law and morality. According to Holy Qur'an `Mankind was one single nation [3] and that verily, this brotherhood of yours is a single brotherhood and I am your Lord and Cherisher, therefore, serve me". [4] The Holy Prophet in his last sermon declared "Oye men! your God is one and your ancestor is one. An Arab possesses no superiority over a non‑Arab, nor does a non‑Arab over an Arab. A white in no way superior to a red, nor for that matter, a red to white, but only to the extent to which he discharges his duty to God and man." As to how these high principles ordained by God and universally adopted by men could be implemented is not easy to answer. Like others, our Constitution guarantees its enforceability with the added distinction that we have pledged ourselves for its implementation to the Almighty God who is the ultimate sovereign, thus attaching greater sanctity to it. Despite this, it is doubtful if enforcement of human rights would be undertaken and honoured by those in authority. It is a matter of every day occurrence that our High Courts zealously step in to protect the life, liberty and honour of the citizens whenever any grievance is brought to their notice. Desired result can perhaps be achieved if all the organs of the State would act in harmony in the spirit in which these rights were first acknowledged and then guaranteed under the Constitution. What further may not be lost sight of is that there is Constitutional undertaking binding on all to create conditions conducive to advancement of fundamental rights. But the pertinent question would be, whether these conditions would be attainable in the face of age‑old tribal and feudal system as prevalent in our country. Before the advent of Islam, women had no position or status. Whether it was Greek or Roman law or German- tutonic codes, she was no better than a mere chattel. Islam recognised her distinct entity. She would retain side by side with her maiden name, the name of the family in which she was born e.g. Hazart Aiyesha Siddiqua. Her name would not merge with her husband's name or of his family's name as being observed nowadays. She had her distinct entity and was free to acquire, hold, dispose of and administer property in her own name or to carry on any business and trade of her choice or to seek employment as per her requirements. She was entitled as never before to a share in inheritance. Her consent was necessary to constitute a valid marriage. She could obtain Khula` if she could not live with her husband within the bounds prescribed by Allah. Her marriage was neither made in heavens nor was it a sacrament but a social contract of great significance. The Holy Qur'an states that all men and women are descendents from Adam and the most pious is the highest in status. The Prophet in his last sermon directed men to treat women kindly and that they have rights over women and women have rights over men. The human rights ordained by the God Almighty about fifteen hundred years back were substantially proclaimed in what is known as the universal declaration of Human Rights, 1948 as well as Declaration on Elimination of Discrimination against Women 1967. With this backdrop let us proceed to examine the position of our women. According to the report of the Pakistan Commission on status of women published in 1985, Pakistani woman "may be bought or sold, beaten and mutilated, even killed with impunity and social approval‑‑‑dispossessed and disinherited despite legal safeguard:" In the less populated provinces of Balochistan and the North‑West Frontier Province life is strictly governed by a rigid code of tribal belief and pattern of behaviour. Here, the slightest deviation from this code has disastrous consequences. An indiscreet word with a member of the opposite sex to whom one is neither married or betrothed, for instance, will result in the swift death of both man and woman. A woman has no say in any aspect of her life, including her own marriage and once betrothed, belongs exclusively to her husband's family. To all intents and purposes she is alienable property, and once the bride‑price has been paid, she cannot be returned, whether in a state of divorce, separation or widowhood. There may not be as stringent customs in the feudal Provinces of Sindh and Punjab but a woman here also, except in a meagre educated section of urban population, has no say in matters of her marriage or divorce. She would invariably be deprived of rights to property in case of intestate succession by her brothers, husband, sons and father as the case may be. If she marries contrary to the wishes of male members of her family she will be considered an outcaste and in disputes between two hostile groups of rural areas she would be a victim of Vendetta and a target of retaliation. Whether as mother, sister, wife or daughter she will be burdened with house work and supposed to look after all the members of the joint family side by side with working in fields or factories. These tedious duties inside and outside the house may also extend to a working woman of the lower and middle classes in urban areas in Pakistan. Perhaps she would wholeheartedly continue to carry on these strenuous responsibilities without any grudge if she is being assured of being treated at par with male members and given the right to exercise her will freely like them. But the awareness to treat her equally even at the family level is hopelessly lacking for want of education on either side. The tribal lords and Sardars, Vaderas and Pirs from time immemorial enjoy the political power and are virtually the masters in their respective areas. Whether democracy, dictatorship or military rule the power base in the rural areas has remained substantially unaffected and unless it is eliminated for good, human rights position particularly with regard to women shall remain most unsatisfactory. With 1‑1/2% female literacy rate in Balochistan and 3% literacy rate in Sindh and somewhat more in N.‑W.F.P. and Punjab, a rural woman has no future in terms of human rights. As first step for her emancipation it is incumbent to provide her at least so much of education as to make her comprehend the concept of "human rights" to prompt her at some stage to exercise them in a meaningful manner. The position of women in urban areas is also far from satisfactory except that the level of her deprivation may not be so alarming and hopeless. Taking advantage of the opportunity provided to me today with your permission, Mrs. Rasheeda Patel, I propose certain amendments in the procedural laws relating to family matters. The right of Khula` having been recognised, in all fairness where the wife does not press for dissolution of marriage but asks for Khula` at the stage of pre‑trial in terms of section 10(4) of the Family Courts Act, 1964, a Family Judge if satisfied that no compromise or reconciliation would be possible between the husband and the wife and the spouses cannot live together within the bounds prescribed by Allah, he should grant straightaway Khula` to wife instead of proceeding with issues and fixing the case for recording evidence. An amendment in section 7 of the Muslim Family Laws Ordinance, 1961 is also desirable as in case of the failure of the husband to give notice in writing to the Chairman, the wife has to wait indefinitely for effectiveness of the Talak. In such a case she must be given statutory right to send the notice and obtain confirmation of Talak after expiration of ninety days from the day on which she delivers the notice to the Chairman concerned. Where Khula` or dissolution of marriage takes place under a decree of the Court, the effective date should be immediately after the expiry of ninety days from the date of Khula` of dissolution of marriage. My next proposal is that the women although representing 50% of the population of the country have no representation in the Senate, therefore, the Constitution should be suitably amended so as to reserve a member of seats for them till they achieve more or less the same level of political awareness. In the end, let me reproduce what our Quaid‑e‑Azam said in his presidential address of March, 1940 when the famous Lahore Resolution demanding Pakistan was adopted: "It was a crime against Community that Muslim women should be shut‑up within the four walls of houses as prisoners. No nation can rise to the height of glory unless the women are side by side with the men." REFERENCES [1]. PLD 1965 Jour. 20. [2]. Ibid. (21‑92), [31 The Endless Days, Exford. 1981 [4]. PLD 1977 Jour. 13‑15.