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INTERNATIONAL WOMEN’S DAY: Legislations Passed – The Silver Lining

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Read My Article: http://tribune.com.pk/story/680052/international-womens-day-legislations-passed-the-silver-lining/

Today is a day to highlight the most pertinent issues confronting women, to celebrate our achievements, to identify the  gaps and, most of all, stand in solidarity for change. Today is not a Hallmark day to merely say, “Happy Women’s Day!”
The most prominent achievement for women in the past few years has been the passage of new progressive legislation for women. Perhaps this is the time to reflect on well we have utilized those advances. How many steps forward have we taken and how far back have we slipped. On the whole, we can say that regardless of the passage of good legislation, we cannot move forward unless we all are willing to make it work.
Taking a quick look at the progress made on the implementation of the seven laws passed over the last four years, it seems that the highest marks can be given to the Benazir Income Support Program, the anti-sexual harassment legislation and empowering the NCSW. Although quite different in nature these are the only ones that have an organised mechanism for implementation.
The Benazir Income Support Program Act culminated in a project that made its mark by directly assisting thousands of women to develop themselves. Although there were concerns that the new Government might allow it to lapse, a wise decision last year will allow the program to continue and build upon its achievements.
On the sexual harassment front, within the first year after passage, over 1000 cases were filed and the figure has steadily risen.  However, many complainants are facing increased pressure to drop their cases and several accused have been able to save themselves through high level connections. Nevertheless, the banking sector, including the State Bank, several federal government agencies, such as NADRA, as well as HEC and many universities have shown outstanding results, setting a precedent for the future. At a ceremony in December last year, awards were given to eight organisations and individuals that had built exceptionally supportive work environments. While these achievements might appear limited, the change in people’s attitudes has been revolutionary. Although the private and government sectors are steadily improving, the offices of the Anti-Sexual Harassment Ombudsmen in Karachi, Lahore and Islamabad, established to support the victims of this crime, have been working below expectation. Collectively, they have employed an insensitive working model that has failed to support victims by making unnecessary delays and failing to understand either the legislation or the issue.
The National Commission on the Status of Women (NCSW) was re-established early last year under a revised Act. The revised legislation provided a stronger legal basis for the Commission, which is the national watch dog body on women’s issues. However, while the legislation provided autonomy for the Commission, the bureaucracy got its revenge by making the the passage of the implementing rules an unnecessarily long and drawn out affair. As a result, the impact this institutional reform is yet to be seen.
As the devolution aspects of the18th Amendment gather momentum, the provinces have been gearing up their new legislative agenda. Although women’s issues have not been seen as a major priority, there have been some commendable efforts. Sindh started off by passing its domestic violence bill.  Passage of this bill by a province was a bittersweet victory as civil society had failed for nine year to get it passed by the federal parliament. Balochistan followed suit, but with a weaker version. Nevertheless, we give them high marks for their intention and action as an amendment has been promised to fix some critical gaps in the text.
Despite world-wide attention on Pakistan, the amendment to the PPC that criminalized acid burning has not made much difference on the number of cases registered or convictions obtained during the last year. The reason is that this was supposed to be a set of two pieces of legislation, an amendment in the PPC, plus a comprehensive law that fully tackles the full challenge faced when filing a complaint, collecting evidence, and conducting a judicial inquiry. That comprehensive bill was never passed and now must approved by each province individually. Although one feels that In the face of the gravity of this crime, you might wonder who would oppose such a badly needed law, nevertheless the provincial governments have not yet considered it important enough to be taken up for a vote.
The implementation on the PPC amendment on anti-women practices, covering such crimes as forced marriage, exchanging women to resolve local conflicts and preventing women from inheriting their rightful share, has only seen limited results since being signed in December 2011.  Such issues, deeply rooted in the patriarchal nature of our society, have strong backing from the local social elite. Faced with such powerful resistance, the resolve of our state machinery quickly withers.  As with acid burning, domestic violence and rape, these are crimes are committed as an expression of power over women. These will not disappear merely because they are now illegal.  Their impact will be diminished only when our society condemns their perpetrators.
While reviewing the progress in recent years, one point stands out clearly: Implementation of pro-women laws, where it is done at all, results from the efforts of committed groups or individuals that push the process.  In many cases, these committed individuals are themselves complainants who have felt empowered by the new statutes, no matter how painful their journey might be.  These activists know they are cutting against the grain of our society, but they continue to struggle in order to reduce the pain our society inflicts on its own women. These activists are resolute in their efforts because the people in power, who should take it upon themselves to implement these laws, fail to do so because they are too busy resisting or covering their own tracks.
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