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Proposed women rights legislation in Punjab

Introduction

Women rights means social, legal and political privileges equal to those of men and it refers to fundamental rights of all human beings but simultaneously are differentiated from basic set of human rights. No doubt, there have been difficulties in recognition of these rights in comparison with men.

 

Relativity of women rights with those of men is now a declared fact. No exception to Pakistan, all nations in the world are endeavoring to institutionalize such systems and practices which diminish unfairness and inequity between men and women and promote gender equality. As Pakistan is an Islamic country so whenever we talk about rights of Pakistani women it means, “Constitutional guarantees and legal entitlements of women of Pakistan conjunctional to Islamic jurisprudence”.

Government of the Punjab discourages gender discrimination and exploitation of basic human rights. It resolves to eliminate negative customary practices by increasing awareness of women about their fundamental rights convergent with provision of support system for facilitating their access to law and justice. Ensuring effective implementation of existing legal frameworks and introduction of legal reforms for removing gender disparity are the fundamentals of the policy of Government of Punjab which is inclined to synthesize its dedication on legal empowerment of women with international women rights, treaties and commitments to come in confluence with other nations.

Women Rights in Pakistani constitution

Constitutional Provisions regarding Fundamental Rights (equal to men and women)

 

Several provisions in the preamble, the chapter on fundamental rights and the chapter on Principles of Policy underline principles of equal rights and equal treatment of all citizens/persons, without any distinction including on the basis of sex.

· Article 3 calls upon the State to eliminate all forms of exploitation. Besides, Article 4 provides for the right of individual to enjoy the protection of law and to be treated in accordance with the law. This applies to the citizens as well as “to every other person for the time being within Pakistan” without distinction. This article also clearly states that certain rights cannot be suspended.

· Under 8 of the Constitution of Islamic Republic of Pakistan assures that  any existing law or practice, inconsistent with or in derogation of the fundamental rights, shall be void. It further prohibits the state from enacting any law or policy, in conflict with fundamental rights except “any law relating to members of the armed force, or of the police charged with the maintenance of public order for the purpose of ensuring the proper charge of their duties.

· Article 25 ensures equality before the law and equal protection of the law and states that there shall be no discrimination on the basis of sex alone.

· Article 26 & 27 provide for equal access to public places and equality of employment in the public and private sector.

· Articles 11 & 37 (g) prohibit trafficking in human beings as well as prostitution.

· Article 32 makes special provisions for the representation of women in local Government.

· Article 34 directs the state to take appropriate measures to enable women to participate in all spheres of life and social activities. In addition, Articles 25(3) and 26(2) allows the state to make special provisions for the protection of women and children.

· Article 35 asks the state to protect the marriage, the family, the mother and the child.

· Article 37 (e) directs the state to make provisions for securing just and humane conditions of work and ensuring that children and women are not employed in vocations unsuited to their age or sex, and for ensuring maternity benefits for women in employment. (The wording of the provision is archaic compared to present thinking on women’s rights but the maternity benefits mentioned in the provision are available to and exercised by women as a matter of right. The issue of women not being employed in “vocations unsuited to their age or sex” was inserted as a guarantee against exploitation and was appropriate for the time and context in which the constitution was drafted. However, it has not been used to hinder the entry of women in non-traditional areas / fields of work as is evident by the increasing numbers of women entering the uniformed services i.e. police, army, air force etc.).

· Articles 51 & 106 provide for the reservation of seats for women in the legislatures. (Punjub.gov.pk, 2018)

Punjab Women Rights violation in 2018

There is 21.5 percent increase in violence against women in 2017 as 8882 cases were registered in comparison to 2016. Punjab Government’s Commission on Status on Women Gender Parity Report 2018 said that.Punjab Gender Parity Report 2018 key findings are available with The Nation. It is pertinent to mention Punjab Government is going to launch this report in the end of March.  

There were 904 cases of domestic violence reported in 2017, 402 cases of murder, 141 cases of attempted murder, and 361 cases of domestic violence as ‘beating’. Highest number was reported in Lahore 751 and Bahawalpur (47).

222 cases of honor killings were reported in 2016 and 2017 and highest number reported in Faisalabad (18) and Sargodha (16).

Acid burning incidents are decreased in 2017 as 36 incidents are reported in compare to 43 incidents in 2016.

There is an increase of 8.6 percent of kidnapping and abduction cases reported crime against women in Punjab in 2016 and 2017 (11,017).

At the end of 2017, there were 50,825 prisoners in 39 prisons of Punjab, of which only 961 (2 percent) were woman and 49,864 (98 percent) were men.

According to PCSW Manager Alia Khan, the Punjab Women’s helpline 1043 is registered 66000 complaints about workplace harassment, gender discrimination, property disputes and inheritance rights.  (Warriach, 2018)

Major women rights violation in Punjab 2018

Zainab Murder case

The episode happened, when Zainab's folks had gone to Saudi Arabia for performing Umrah and Zainab was living with her uncle. On 4 January 2018, while heading off to a Quran educational cost class which was near her home, she disappeared. Her uncle, Muhammad Adnan, held up a protest with the Kasur Locale Police Office. CCTV video film which was found by Ansari's relatives, with no assistance from the specialists included, demonstrates her joined by an obscure hairy man in white garments and a coat, holding her by the hand and strolling on Peerowala Street in Kasur. Her body was later found in a rubbish store in Shahbaz Khan Street on 9 January 2018. After a post-mortem examination, it was affirmed that she had been assaulted and choked to death. The post-mortem examination proposed that she persevered imprisonment and torment before her murder.

Protest

There were extensive dissents in Kasur and other significant urban areas of Pakistan, amid the conflict with the police, two individuals were murdered after they broke into a police headquarters. Four policemen who purportedly started shooting at nonconformists had been captured and being cross examined

Reaction

Profoundly tormented about ruthless murder of a 8-year-old young lady in a tyke attack case. Those social orders that can't ensure its youngsters are endlessly censured. Not going to rest till the culprits of this devious demonstration are caught and given severest conceivable discipline under the law,

Nobel Peace Prize laureate Malala Yousafzai composed on Twitter, "This needs to stop. [Government] and the concerned specialists must make a move. Imran Khan, the pioneer of PTI and a previous cricketer, tweeted, "The condemnable and horrendous assault and murder of little Zainab uncovered by and by how defenseless our youngsters are in our general public.

Priest Muhammad Tahir-ul-Qadri, a political adversary of the decision Pakistan Muslim Group party, "requested the nearby government be supplanted, saying it has 'no privilege to stay in control after the executing of Zainab Ansari.

Kiran Naz, an anchorperson Pakistan's Samaa television, facilitated a January 10 announcement with her young girl on her lap as a demonstration of protest. At the Sindh Get together, craftsman famous people Ayesha Omer, Nadia Hussain, Faysal Qureshi and others met on January 12 with Agent Speaker Shehla Raza, requesting laws and equity to anticipate such tragedies later on. Mahira Khan, Ali Zafar, Imran Abbas, Mawra Hocane, Saba Qamar and additionally previous cricket players Wasim Akram and Shoaib Akhtar tweeted about the episode, denouncing the ruthless assault and murder, while likewise inclining the hashtag #JusticeforZainab.

Arrest

Shahbaz Sharif declared the capture of a suspect, Imran Ali, in a public interview on 23 January 2018. He affirmed that the DNA and polygraph trial of the presume that coordinated with the examples with slightest eight minor young ladies, including Zainab, assaulted and killed in inside a similar neighborhood and that the suspect is a serial executioner. Imran Ali is a 24-year-old workman who lived in Zainab's neighborhood. He had even participated in challenges Zainab's murder. Imran Ali has admitted to his violations. Police likewise found the coat worn by the speculate seen on CCTV which was seen while he was taking Zainab with him.

Punishment

On 17 February 2018, an against psychological oppression court in Lahore Focal Prison, discovered Imran Ali blameworthy of assaulting and killing Zainab Ansari. The court gave him four checks of capital punishment, one life term, a seven-year imprison term and Rs. 3.2 million in fines.

Proposed legislation

This is open violation of women rights which is condemnable .this incident highlights the state and institutional negligence the provisional assembly of Punjab should pass following laws against child abuse

· Child abuse case is non-bail able offense.

· Case should be hand over to anti-terrorist court.

· If culprit would found guilty then minimum punishment would be 25 years prison to death penalty.

· There must formation of district or division level committee ,which headed by concerned DCO’s the committee consists of diverse members including NGO’s representatives, law makers ,experts, human rights activist ,the core functions of this committee are following

· Compilation of child abuse cases.

· Precede these cases to fast track way in courts.

· Draft recommendations to government for proposed legislations.

· Provide financial & legal aid to victims and their family.

· Organize workshops, seminars to develop the awareness in society

· Conduct trainings & specialized courses to enhance the capacity of law enforcement agencies and other departments to handle these cases rapidly.

Kathija stab case

On 17 February 2018, an against fear based oppression court in Lahore Focal Correctional facility, discovered Imran Ali liable of assaulting and killing Zainab Ansari. The court gave him four tallies of capital punishment, one life term, a seven-year imprison term and Rs. 3.2 million in fines.

The Lahore High Court (LHC) on Monday absolved the primary denounced in the Khadija cutting case, multi-year after a legal justice had condemned him to seven years in jail.

The blamed, Shah Hussain, who is the child of attorney Tanvir Hashmi, was captured and moved to imprison a year ago for professedly wounding 24-year-old Khadija Siddiqui multi year sooner.

Khadija, a law understudies and class individual of the blamed who inexplicably survived the assault, requested of the court that Shah had cut her 23 times.

Convict Shah Hussain, child of Promoter Tanvir Hashmi, had moved an interest in LHC where Equity Sardar Ahmad Naeem permitted the interest.

A legal judge on July 29, 2017, had condemned Hussain to seven-year detainment under segment 324 (endeavored kill) of Pakistan Reformatory Code (PPC), two-year under area 337A(i) (causing wounds), five-year under segment 337A(ii), one-year under segment 337F(i), three-year under segment 337F(ii) and five-year under segment 337F(iv) and all disciplines were to run simultaneously, making the aggregate discipline for a long time detainment.

Nonetheless, an investigative court in Spring this year had diminished the prison term from seven years to five years.

Promoter Hassan Rizvi, the direction for Khadija Siddiqui, said that they would challenge the choice of the high court under the steady gaze of the Preeminent Court.

On May 3, 2016, she went to Davis Street to get her sister from a school. At the point when the two were going to get into the auto, the convict assaulted her. The casualty said her more youthful sister was likewise harmed. As the aggressor attempted to escape, she snatched him and his head protector tumbled off after which she remembered him.

She said the charged additionally used to hassle her before the occurrence occurred. Khadija's sister likewise recorded her announcement and perceived Shah Hussain as the aggressor in the court.

Cut 23 times, survivor to sit in same exam as her aggressor

In its choice, the preliminary court had held that the convict had cut the casualty brutally as serious wounds on her essential body parts obviously demonstrated that the convict cut her with no farthest point to submit her to death. Nothing was agreeable to the convict after interrogation of observers, the decision said.

"The indictment has set up the case with no shadow of even a minor uncertainty," the judge had watched.

Khadija Siddiqui and Shah Hussain both were class colleagues at a nearby law school.

Communicating irritation over the decision, Khadija's legal advisor Hassan Niazi said his expectation had been broken with the stunning decision.

He said the short request had abandoned him shell-stunned. "The present decision of the Lahore High Court has demonstrated that exclusive self important might win [in Pakistan]," he included. (Tribune, 2018).

Proposed Legislation

This incident questioned the integrity and eligibility of government institutions and also pin points the society frustrated and intolerant behavior. The government must take following actions.

· Government must review the women harassment because they are outdated and ineffective to enforce at appropriate manner according with PPC (Pakistan Penal Court).

· There must formation of district or division level committee ,which headed by concerned DCO’s the committee consists of diverse members including NGO’s representatives, law makers ,experts, human rights activist.

· Formation of special prosecutor and courts so these trials accomplish in prescribed time frame.

· Those women which belongs to rural areas of Punjab and belong to poor families, government must provide free legal assistance and protection to those families.

Conclusion

Women suffrage was a long and exceptionally troublesome fight for women. There were a few testing factors for ladies and society all in all. At the point when their rights were at long last given, numerous more open doors opened and changed. With increasing alternate points of view from partaking in your individual parts, I trust you can comprehend the significance of women' rights for Women, as well as for everyone.

Bibliography Punjub.gov.pk. (2018). Retrieved from https://www.punjab.gov.pk/about_women_rights Tribune, E. (2018). LHC acquits man convicted of stabbing young college student 23 times in Lahore. Warriach, F. A. (2018). 21.5 percent increase in violence against women in Punjab.

Works Cited Punjub.gov.pk. (2018). Retrieved from https://www.punjab.gov.pk/about_women_rights Tribune, E. (2018). LHC acquits man convicted of stabbing young college student 23 times in Lahore. Warriach, F. A. (2018). 21.5 percent increase in violence against women in Punjab.