Women Rights In Pakistan

(Zaheer Ud Din Qureshi, Muzaffarabad)

 

               

Women In Pakistan Have Always Been Subject To Stringent Behavioral Controls Due To Religio-Cultural Reasons. Especially Since Islamization Campaign By Zia Regime (1977-88) ‘Women Regulation’ Has Been A Central Conflict Point Between Conservatives And Liberals. Usually Governments In Pakistan Have Been Reluctant To Take Any Clear Ideological Position On Women Right Issues. Policy Makers Would At Best Try Not To Take Any Decision By What Bacharach And Baratz (1963) Call “The Mobilization Of Bias”. The Most Important Reason For This Non-Decision Has Been The Perceived Influence Of Religion And Religious Parties Over Masses. However Present Government Of Pakistan Has Adopted A Very Progressive Stance On Women Right Issues. A Comprehensive National Policy For Development And Empowerment Of Women Is Announced By The President Of Pakistan In September, 2002. A National Action Plan For Achieving The Proclaimed Objectives Of The Policy Is Also Adopted. Some Important Decisions Taken In This Particular Policy Area As Reservation Of 17 Percent Of Seats In Parliament And 33 Percent Of Seats In Local Bodies For Women, Reservation Of 05 Percent Quota In All Government Jobs And 10 Percent Quota In Central Superior Services, Ratification Of Convention On Elimination Of Discrimination Against Women, Passing Law Against Honor Killing In 2005, Establishment Of District Resource Centers For Women Etc Are Of Far Reaching Consequence. Present Essay Will Look Into Reasons For These Radical Changes. The Following Section Will Recognize Contributions By Different Policy Actors In Evolution Of Women Rights In Pakistan. The Next Section Will Look Into Rationale For Changing Behavior Of Important Policy Actors. In The End I Will Try To Relate This Policy Adoption Process To Some Of The Prevalent Theories. The Essay Contends That The Convergence Of Political And Ideological Needs Of The Rulers Have Made This Policy Choice The Ultimate Choice.

 

Contributions By Different Political Actors

Specific Reform Initiatives Do Not Emerge In A Void, Nor Are They Decided Upon In Isolation From The Pre-Existing Perceptions, Experiences And Values Of Policy Elites. Infact, The Broader Context Within Which Particular Reforms Are Considered Provides Insight Into The Choices That Are Made And Processes Through Which Change Is Pursued (Grindle Et Al 1991). Similarly The Present Policy Reforms Have Emerged Through A Long Process And By Complex Interaction Between Different Political Actors. To Better Understand This Process And Parts Played By Different Actors And Factors It Is Pertinent To Understand The Institutional Structure And Relative Importance Of Organizations In Policy Community.

 

 

The Constitution Of Pakistan Describes Pakistan As A ‘Democratic Republic ’ In Which Authority Of State Rests On Three Pillars; The Executive, The Legislature And The Judiciary. Policy Formulation Traditionally Is Prerogative Of Executive. Other Two Pillars Only Have An Indirect Role In Policy Formulation. Pakistan’s Special Political System As It Stands Today Gives Added Influence To Executive In Decision Making. Pakistan At Present Has Its Own Kind Of ‘Dual System ’ In Which Both The President And The Prime Minister Are Elected By Elected Assemblies And Assemblies Also Have Power To Impeach Them. But The President-Cum-Army Chief Also Has The Power To Dissolve The Cabinet And The Parliament.

 

Contribution By Executive :

Policy Formulation In Pakistan Is Dominated By Executive Institutions. Most Of The Time Policy Proposals Are Initiated By Government Departments. In Order To Co-Opt Other Stake- Holder It Is Common To Formulate Committees Consisting Of All Stakeholders. Inputs By These Committees Are Fine Tuned In Departments And Ministries And Then Presented To The Cabinet. Military Bureaucracy Represents The Liberal British Traditions. Military Governments With Only Exception Of Zia Regime (1977-88) Have Always Co-Opted Secular And Liberal Elements In The Society. First Military Ruler General Ayub (1958-1969) Introduced Family Laws In 1961 Which “Enhanced Space- If Not Actual Rights-With In The Family” (Shaheed 1998). This Law Enabled Women To Inherit Agricultural Property. Second Marriage Was Made Contingent Upon Agreement By First Wife, Divorce Was Made Difficult And Compulsory Registration Of Marriages Was Introduced. Second Military Ruler Yahiya Khan’s (1969-71) Short Period Of Rule Was Marred By Political Struggles Of Worst Kind. However His Electoral Reforms Gave Equal Rights To Women. General Musharaf (Present Ruler) Also Has Co-Opted The Liberal Forces. He Is A Proclaimed Liberal And Great Proponent Of Women Rights.

 

 

Fourth Military Ruler Zia –Ul- Haq (1977-88) Is Known For His Conservative Leanings. His Era Is Regarded As Retrogressive For Women Rights. Hudood Laws Passed During His Period Still Are Cause Of Concern For Women Right Activists In Pakistan. However This Era Also Saw Some Significant Steps Towards Realization Of Women Rights. A New Women’s Division Was Established In 1979 At The Cabinet Secretariat Level. Most Importantly His Rule Saw An Unprecedented Inclusion Of Females In Work Force. This Is Particularly Important For Its After Affects On Changing The Status Of Women In The Family And Society.

Cabinet And Civil Bureaucracy Also Have Important Role In Decision Making. They Do Play A Role In Initiation And Evolution Of Policy Proposals. Political And Bureaucratic Elites Of Pakistan Also Like Military Elite Are Secular And Liberal. Especially In Context Of Our Particular Policy Area Role Of Civil Bureaucracy Is Important. As Pointed Out By Rouse (1986) The Early Rise Of Feminist Movements Was Made Possible By The Fact That Wives Of Many Of Prominent Civil Servants Actively Joined These Movements.

Among Other Institutions Of Executive The Role Of The Ministry Of Women Development And Its Subsidiary Organizations As Commission On Status Of Women Is Mentionable For Their Policy Inputs. Especially The Commission’s Reports Are Important For Demanding Increased Quota For Women In Government Jobs .

Policy Inputs By National Reconstruction Bureau Are Also Important. Legal Framework Order (2002) And Local Government Ordinance (2001) Which Enhanced Women Representation In Elected Institutions Were Proposed By This Institution.

 

Contribution By Legislature :

Legislature Is The Supreme Policy Institution In Any Democratic System. Legislature Is Supreme In Pakistan Too. An Important Reason For Subsidiary Role By The Legislature Is Lack Of Experience In Managing Government Affairs And Low Level Of Education As Compared To Civil-Military Bureaucracy.

In Particular Context Of Under Discussion Policy The Legislature Has Obliged The Executive In Providing The Necessary Support For Its Constitutional Proposals. Especially Mentionable Is The Seventeenth Amendment Bill Passed By The Parliament On 31 December, 2003 Which Legitimized All The Steps Taken By The Executive.

 

Contribution By Judiciary :

Judiciary As The Ultimate Interpreter Of Law Has An Indirect But Important Role In Policy Formulation. Judiciary In Pakistan Has The Powers Of Judicial Review. With Reference To Our Special Policy Area The Higher Courts Of Pakistan Have Always Upheld Liberal Egalitarian Views. For Example The Higher Courts In Pakistan Have Been Instrumental In Establishing The Right Of Adult Muslim Women To Choose A Spouse At Their Free Will. Some Important Cases In This Regard Are Abdul Waheed V Asma Jahangir Mehmood (1997), Humaira Mehmood V State(1999) Etc. On The Recent Issue Of ‘Honor Killing’ Courts Of Pakistan Have Taken A Very Egalitarian View Of Islam. One Important Case In This Regard Is Muhammad Siddique V State (2001) .

 

Contribution By Interest Groups :

Role Of Interest Groups Is Not As Institutionalized In Developing Countries As In Developed Democracies. But Groups Certainly Exist And Influence Policy Outcomes. In Our Particular Policy Area Role Of Women “Lobby-Cum Pressure Groups ” Is Very Important. Women Played A Very Active Role In Pakistan Movement. After Creation Of Pakistan, However, Women Organization Such As All Pakistan Women Association (APWA) Restricted Themselves To Charitable And Welfare Activities. Women Activism Truly Rose To Prominence During Zia's Period Mainly As Reaction To His Islamization Campaign. Women Action Forum Was Established In September, 1981 To Protest Against Hudood Laws. The Forum Actively Opposed The Law As Discriminatory Against Women. Over The Years These Women Groups Have Assumed The Character Of Women Right ‘Issue Movements’ . Due To Their Consistent Efforts These Women Groups Are Able To Put Women Agenda On Political Spectrum. By Now No Political Party Manifesto Is Complete Without Mention Of Women Rights. Another Important Contribution Of These Groups Is The Issuance Of Public Discourse On The Issues Which Hitherto Were Taboos.

During Musharaf Regime All These Groups Have Become Insiders. Hence Their Role In Present Policy Changes Is Very Important. This Is Unique Opportunity For The Groups To Advance Their Agenda. Prominent Women Activists As Shaheen Sardar Ali, Zubeda Jalal, Attya Anyatullah Etc Joined The Government As Ministers And Advisors. Shaheen Was Also The Founder Chairperson Of National Commission On Status Of Women.

 

Contribution By Human Rights Groups :

Women Right Has Been An Area Of Continuous Concern For Human Right Groups Like Human Rights Commission Of Pakistan. Infact Human Right Groups And Women Issue Movement Have Been Partners In Their Struggle Against Socio-Cultural Tyrannies. Recently Both Have Come Visibly Close To Promote The Democratic And Human Rights Of Citizens Of Pakistan. Their Close Relationship Is Manifested By The Fact One Prominent Women Right Activist; Asma Jahangir Is Now Heading Human Rights Commission Of Pakistan.

 

Contribution By Political Parties :

Political Parties In Pakistan Can Be Broadly Divided In To Two Categories: Main Stream Parties As Pakistan Peoples Party And Pakistan Muslin League Etc And Religious Parties.

 

 

Among The Main Stream Parties Pakistan Peoples Party Is Known For Its Liberal Approach Especially Towards Women Right Issues. The Constitution Of 1973 Passed During First Government Of The Party Guarantees Equal Civil And Political Rights To Women. Fundamental Rights (Articles 8-28) Given By This Constitution Guarantee The Equality Of All Citizens Before The Law And Forbid Discrimination On Basis Of Sex. Whenever This Party Comes To Power Women Right Activists Become Insiders As Happened During Benazir Bhutto’s Governments (1988-90 & 1993-1996). Women Activists Joined The Government. Policy Of Opposition Changed To Dialogue And Engagement. Women Activists Were Now Members Of Advisory Comities And Working Groups, And They Wrote Policy Papers And Reports. Advocacy Continued In This New Form. Feminist Made International Alliances, Through UN Conferences And Global Networks (Mumtaz 2005). Important Steps Taken During Benazir’s Governments Include Establishment Of A Women Bank, Women Welfare Programs In Health And Education And Many Symbolic Steps Like Release Of Women Prisoners Etc. Presently Party Is Out Of Power But Individual Legislators Of The Party Are Active In Initiating And Supporting Pro-Women Legislations.

 

 

Pakistan Muslim League Is Divided Into Many Factions. The Faction Known As Quid-E-Azam League Is Presently In Power Supporting General Musharaf. It Can Claim Credit For Present Reforms. In Practice It Is Prepared To Do Whatever Suits The Interests Of Real Politick.

 

 

Religious Political Parties Represent The Right Position On Women Right Issue. There Are Different Shades Of Opinion On The Issue Among These Parties Too. It Is Important To Note That All These Parties Have Their Women Wings And Profess To Work For Women Rights. However Their Concepts Of Rights Of Women May Not Always Be In Line With Liberal View. These Parties Presently Are In Power In One Of The Provinces (NWFP) Of Pakistan. They Have Established A Separate Female University In The Province. As A General Rule These Parties Have Reservation On Encouraging Mixing Of Sexes And Exposure Of Women. The Perceived Strength Of These Parties Has Always Been A Determining Factor In Women Right Issues. Especially Under Zia These Parties Became Insiders And Were Instrumental In Passing Such Laws As Hudood Ordinance, Vehemently Opposed By Women Groups. In The Context Of Present Policy Changes These Parties Have Minimal Role. Infact Their Opposition May Have Negatively Contributed To These Policy Choices.

 

After Discussing The Role Of Different Political Institutions In Policy Area Of Women Rights, It Is Pertinent To Look Into Rationale For Their Political Behavior. There Are A Number Of Both National And International Factors Which Have Contributed To Present Policy Choice. In Countries Like Pakistan International Factors Sometimes Become More Important Than The Domestic Factors. International Factors Have Influenced Under Discussion Policy Developments In Pakistan In Many Ways. Some Steps Like Ratification Of CEDAW Are Result Of These Commitments (Mullally 2005). Moreover Women Rights Are An Area Of Concern For International Donors. To Co-Opt Donors Is Always An Important Concern For Policy Makers In Developing Countries.

 

 

At Least Two Important Domestic Factors Also Have Contributed To The Policy Choice. Firstly Secular And Liberal Elements In Country Are Seeing This Government As Chance To Promote Their Agenda. Secondly It Serves The Purpose Of Dividing The Political Opposition To This Government. One Major Political Party, Pakistan Peoples Party Is Known For Its Liberal Approach. Public Choice Theory Best Explains Present Developments In Pakistan. Two Basic Assumptions Of Theory Are Self Interest And Rationality. The Liberal Stance Provides The Maximum Utility Hence It Is Rational For Government To Choose Such A Policy. The Political Behavior Of Other Institutions Of Executive, The Cabinet And Civilian Bureaucracy Can Be Explained On The Same Line Of Reasoning. Kingdon (1984) Is Right In Emphasizing The Complex Nature Of Policy Choices. Role Of Ideologies Of Political Actor And Their Interest Is Equally Important. Pervaiz Mushraf Himself And His Army Are Known For Their Liberal Approach . These Far Reaching Policy Changes Also Represent Musharf’s Reforming Zeal. He Claims To Become Ata Turk Of Pakistan . Ata Turk Was Key Figure In Promoting Westernization Of Turkey. Right After His Seizure Of Power Musharaf Set Up A National Reconstruction Bureau To Overhaul Country’s System.

 

 

Women Rights Movements In Pakistan Generally Have Followed A ‘Two Steps Forward, One Step Back’ Path (Mumtaz Et Al 1987). As Such Incrementalism May Be The Best Policy To Describe Evolution Of Women Rights In Pakistan. But Incrementalism Is Not Good At Describing Radical Changes As Are Introduced By The Present Regime. However Before Looking Any Further Into The Subject It Is Important To Note That Most Of The Theories About The Policy Processes Are Developed In The Context Of Modern Democratic Societies Of The West. These Theories See Policy Formulation Mainly As A National Phenomenon Whereas For Developing Countries Like Pakistan International Factors Are More Important. Globalization Has Left Developing Countries With Very Limited Policy Options. Policy Transfers Both By ‘Lesson Drawing ’ And ‘Lesson Teaching ’ Are On Increase. Policy Communities Have Assumed An International Character. If Davis Et Al‘S (1993) ‘Garbage Can’ Or Kingdon’s ‘Short List Of Ideas’ Can Be Expanded To Include Ideas And Policies Present At International Forums Then Most Of Policy Proposals Adopted In Pakistan Were Already Present In This International Garbage Can. Moreover Almost All Of The Theories About Policy Processes Are Concerned With Evolution Of Ideas Into Policy Proposals. In Our Case The Interplay Of Factors Which Have Lead To Adoption Of These Policies Is More Important Than The Process Of Emergence Of Ideas. In This Sense Neville’s Framework Best Explains The Process Of Adoption Of Under Discussion Policies. According To Neville (2002) Four Key Factors, Institutional Arrangement, Interests Of Key Players, Ideology Of Key Players And Social And Economic Forces, Guide The Process Of Policy Adoption. Our Discussion Above Makes It Clear That In Present Day Institutional Arrangement In Pakistan Liberal Approach On Women Rights Best Suits To Interests Of The Country, Hence It Is Adopted.

Posted in: