Any social or embryonic change in the society is not possible without the activation and the participation of middle class women. But most of those women recline to assert themselves outside the conventional frame of cultural and social norms. But they expect a re-definitions and re-interpretation of their rights in the light of Quran. Surprisingly, the disparity is too clear. The graph of the rights of men kept on rising even after the reign of the Prophet (P.B.U.H) and the caliphs, while the rights of women abruptly and deliberately ended there and then. Instead of evolving a more balanced and humane approach towards women, the exploiters of Islam became the self-proclaimed moral vigilantes passing prejudiced verdicts.

These deeply rooted cultured and institutional constraints prevent women to participate actively in the development of our society. And contemporary movements only create alternate theories, which extend directly and indirectly to the same power and cultural structures. An effective and potent voice will only emerge if it is raised on a collective level. Individual institutions only create scattered and isolated images. To create more significant effect, these organizations need to surmount their “inner divisiveness”, and should unite women under a large and broader perspective of Feminism; which diffuses the hierarchies of power and class structure.”

On Hudood Laws

The Quranic evidentiary requirement of four adult male witnesses for proof of adultery is also made applicable to rape. Thus in the Islamic provision a law that was made to protect women against false accusations is used here to deny justice. The law is not in accordance with the spirit of Islam. The Holy Prophet (pbuh) said, “Do away with Hadd punishment incase of doubt” and at another incident He (pbuh) said, “It is better to let ten offenders go off punishment than to convict one innocent person.” The Hadood laws, the way they are conceived and drafted, have no conformity with the injunctions of Islam.

The law has practically failed to serve its purpose. It has not deterred crime. Instead it is leading to proliferation of its misapplication especially in the case of women and minorities.

The Zina ordinance has particularly targeted women mostly the unprivileged classes. It is very interesting to note that there has hardly been a hudood charge on any rich and affluent woman. It is estimated that more than 80% of all women in jails are under the charges of zina, though most of them get acquitted eventually. But one must look at the burden of the woman in our society, who has been charged of zina and has been behind bars, though finally acquitted and proven innocent, she will never escape the stigma attached to her life and honor.

On Acid Terrorism

Rapid increase in the acid crimes is a warning and a point of consideration for all of us. This heinous crime is now not only targeting women but its claws are extending towards the poorer section of society: all groups all ages: children, elderly, men and women. It has become a weapon of atrocity for property disputes, sexual and physical harassment, family animosities, women subjugation and a very easy, cheap and feasible murder attempt. The tradition that the law enforcing and law making institutions are setting is very encouraging for the acid criminals. Most of the cases go unreported out of their lack of resources or fear of the exploitation by police and its proceeding humiliation and tiresome process of justice which requires tedious effort of years before one gets justice. In addition, many cases go unrecorded because police does not take the reports seriously. In some instances, police were allegedly trying to convince victims to withdraw their complaints.

As far as legislation is concerned, there is a strong need to categorize this crime separately and create a new law which recognizes acid crimes as a direct murder attempt demanding death sentence or lifetime imprisonment. Amendments caused by the laws of Qisas and Diyat in the Pakistan Penal Code were promulgated without the application of the Islamic principles of Ijtehad. The law in its application instead of providing justice is providing loopholes for the criminals by giving them the opportunities of seeking forgiveness and reconciliation from the aggrieved person. This puts further pressure on the victims as they are forced to compromise in almost all cases.

On Child Prostitution

Women and children are manipulated, forced, trapped, and enslaved in a variety of forms of prostitution. They are delivered into prostitution by rape, battery, child sexual abuse, educational deprivation, poverty and discrimination of class and gender. Prostituted women and children comply with men’s demands because they are promised food, clothing, shelter, money, drugs, safety and protection from police for law violations. The differences that set prostituted women and children apart are not of choice or morality, but differences of circumstance. The concept of choice assumes at least two options from which one chooses. The difference between starvation, abuse, homelessness, loneliness, and death or prostitution can hardly be called a choice.

On Reserved Women Seats

This is not a dilemma that will be solved overnight. The resentment that fellow male members feel will exist till they go through their political evolution. Till such time that they have learned to equate women socially and politically. What is needed is a change of mindset that would take evolution of years and generations. If someone was to be concerned, it should either be the folks at National Reconstruction Bureau, who masterminded this structure of the parliament. They are hardly in a position to do anything, except perhaps conduct a workshop for some male MPAs. The workshop ought to teach these members some basic elementary mannerism. The other person who should be concerned is President Musharraf. It is his, LFO that brought the current structure of parliament. It was his administration, which took this decision. If he or his administration will not support their own decisions, who else will?

If the opposition benches are demeaning women MPAs, we will fight for our rights. All we want is to do our jobs. We will keep trying to do just that. Whether someone was to help us or not, we will still be at it. All we ask is to let us do our job.

If the concept was to make women mere ornamental pieces in legislative bodies, we refuse to accept this. We refuse to act as ineffective, voiceless, faceless and mindless puppets. We assert that we are capable individuals with the will and ability to promote and prioritize our causes. Our existence should be more than a metaphoric presence in the assemblies. When there is no basic freedom to speech and action for us, then there can be no road to democracy

So if women do not have the liberty to raise the issues of their choice and are not given the freedom to voice their opinions on matters that they feel are of any value, then dare I ask, what exactly is the purpose of bringing in so may women into the assembly?

On the Tribal Custom Vinni

Vinni is a ruthless tribal custom. It means offering the hand of a girl or minor in order to establish a compromise or act as compensation in a criminal case. This custom encourages the trend of using women in trade and barter in compensation of crimes and settlements of family and property disputes. It reduces the status of women to that of a commodity that can be traded in an attempt to evade punishment. The minors traded in vinni are mistreated all their lives, the belief being that they should be punished for the crimes their relatives committed. They are the victims of all kinds of sub-human treatment. The panchayat (village level council of elders) plays a major role in this, as all these decisions are taken and implemented by them. More often, panchayat rules in favor of the influential party. Vinni has been used to violate and exploit women in the rural areas for many years. The practice is justified on the grounds that it is a tradition and part of our culture.

What is the jurisdiction of a panchayat? What legal grounds does a panchayat have to violate the fundamental rights of a human being? Is it not unconstitutional? Does it not contradict our judicial system and philosophy? Isn’t there any system that monitors the practices of a panchayat? Why are women and minors like Noor Sitara and Sameera* given in vinni? How long will they have to wait for justice?

*(The account of these girls can be read in my article “Story of My First Legislation” in The Friday Times: July 25-31, 2003. A copy is pasted in the articles section of this website)