Tag: Hudood Ordinances

We cannot remain silent

A recent World health Organisation study showed that globally, 38% of all women murdered are killed by their intimate partners. The report included some key findings on the health impact of domestic violence:

  • Death and injury– The study found that globally, 38% of all women who were murdered were murdered by their intimate partners, and 42% of women who have experienced physical or sexual violence at the hands of a partner had experienced injuries as a result.
  • Depression– Partner violence is a major contributor to women’s mental health problems, with women who have experienced partner violence being almost twice as likely to experience depression compared to women who have not experienced any violence.
  • Alcohol use problems – Women experiencing intimate partner violence are almost twice as likely as other women to have alcohol-use problems.
  • Sexually transmitted infections – Women who experience physical and/or sexual partner violence are 1.5 times more likely to acquire syphilis infection, chlamydia, or gonorrhoea. In some regions (including sub-Saharan Africa), they are 1.5 times more likely to acquire HIV.
  • Unwanted pregnancy and abortion– Both partner violence and non-partner sexual violence are associated with unwanted pregnancy; the report found that women experiencing physical and/or sexual partner violence are twice as likely to have an abortion than women who do not experience this violence.
  • Low birth-weight babies– Women who experience partner violence have a 16% greater chance of having a low birth-weight baby.

(http://www.who.int/mediacentre/news/releases/2013/violence_against_women_20130620/en/)

View the associated infographic here: http://www.who.int/reproductivehealth/publications/violence/VAW_infographic.pdf

Fear and shame keep victims of violence silent and isolated. But there are small glimmers of hope. It has been found that communities form and activism is sparked when victims are supported to speak up.

Pakistan has shown the way in this over many years. Women’s activism took on the government, legal system, constitution and laws after the draconian Hudood Ordinances punished victims for the violence perpetrated against them. Wave after wave of activism has confronted violence against women, pressing the government for change and calling society to action. Laws have been changed. The rate of change is slow, but with relentless pressure from activists changes have been made.

The rape of a young women on a bus in India, led to outrage and calls for action that gave other victims support and courage to speak up. Following the reporting of this one incident several others were immediately reported, raising questions about what was happening to women in the country.

The media must be encouraged to speak with clarity, not for the sake of a story but for justice, to prevent victims being hidden by the community because of shame, to challenge laws, policies, social conscience and the status quo that accepts such violence as the norm.

But more is needed. Perhaps the case of Pakistan shows that hand in hand with activism support structures are needed for victims. The structures need to empower women to make choices, enabling them to find their identity and not become stuck as victims. Activists must enable the voice of victims to be heard, even as they take up the cause.

Challenging violence that marginalises women needs the voices of all.

Challenging the law: the case of Safia Bibi

The Hudood Ordinances were the first laws introduced in Pakistan by General Zia ul-Haq in 1979 as part of his programme of Islamization. They are a collection of 5 criminal laws dealing with theft and armed robbery; Zina or rape, abduction, adultery, and fornication; Qazf or false accusation in respect of Zina; prohibition of alcohol and narcotics and public whipping. Most of these were already offences in Pakistan when the Hudood Ordinances were promulgated, but these new Ordinances introduced forms of punishment recognized by Muslim jurists. Asma Jehangir and Hina Jilani, in their book ‘The Hudood Ordinances: A Divine Sanction?’ described the promulgation of the Hudood Ordinances as ‘transparent political opportunism’. (Jahangir and Jilani, 2003) Their framing and implementation has been described as ‘slipshod’ at best and lending no credibility to the notion of Islamisation. However, once a religious label has been attached to a law it becomes an extremely sensitive issue and any criticism is perceived as heresy.

While there was widespread consternation at the promulgation of the laws they were brought sharply into focus in 1983 with the case of Safia Bibi. Raped by her landlord and his son Safia Bibi became pregnant. Her father filed a complaint of rape when her pregnancy was revealed and the case went to court. Because she was blind and therefore unable to visually identify her alleged attackers they were set free. Her resultant pregnancy though was seen as admission of zina, adultery, and she was convicted and sentenced to 3 years imprisonment, public flogging and a fine. These laws caught Safia Bibi in their web. Under them she, the victim, had become the accused.

Women’s activists and supporters of human rights were outraged and for the first time the Women’s Action Forum (WAF), formed in 1980, went out onto the streets to protest this punishment and demand changes to the laws. Pressure was mounted as journalists wrote articles to highlight the issue and women lawyers agitated in their Bar Association. While many had opposed the promulgation of the laws this incident gave a focus to concerted agitation and attempts to negotiate for their change. It was a defining moment in the life of emerging women’s organisations, and that original protest is still celebrated each year by women’s groups around the country. It continues to provide opportunity for raising issues that concern gender violence. When the Federal Shari’a court acquitted Safia Bibi on a technical ground it made clear in its ruling that national and international pressure had played no small part in this decision.

While there was success in seeing the particular decision overturned, much of those Hudood Ordinances remain in force today. The question must be asked; was this an individual revolution or have women’s organisations and activists been able to use this as an opportunity to engage and negotiate?