"This is aimed at ruining the domestic lives of our women."
The Ministry of Law is putting the final touches to a draft legislation called
Protection Against Domestic Violence of Women & Children (PADVWC).
The proposed law will allow a woman sexually harassed or otherwise wronged by
her husband to approach a protection committee and then the court of law.
The expression "domestic violence", the document says, includes "any willful
conduct which: (a) (i) is of such a nature as is likely to drive the woman out
of the house or to commit suicide or to injure herself; (ii) causes injury or
danger to the life, limb or health (whether mental or physical) of the woman;
(b) involves: (i) harassment which causes distress to a woman and includes,
(ii) any act which compels the woman to have sexual intercourse against her
will either with the husband or any of his relatives or with any other person;
(iii) any act which is unbecoming of the dignity of the women; or (iv) any
other act of omission of commission which is likely to cause mental torture or
mental agony to the woman."
A husband found to be in violation of the law would get up to three years of
jail.
However, the draft does not provide any relief for husbands being harassed or
otherwise wronged by their wives.
PADVWC is seen as the furtherance of the already enacted Women Protection Act
(WPA), an amendment of the 1979 Hudood Ordinance on rape and adultery.
It slashed the adultery punishment to imprisonment of up to five years against
only male perpetrator.
Under the Hudood code, a man and woman found guilty of having sex outside of
marriage could be sentenced to death by stoning or 100 lashes, although that
has never been enforced and those convicted of the crime get jail or a fine
instead as hnded down by the courts. Yet 'honour killings' carried out by
family against women remain an issue in Pakistan.
Vogue
Opponents insist that the text does out define sexual harassment.
"My first question to those who have recommended this bill is how would they
define the sexual harassment when a husband and a wife are concerned," asked
lawyer Mehdi.
Barrister Wajiha, who practices law in UK, says physical abuse and sexual
harassment are two different issues.
"There should be and in fact there are laws against physical abuse or torture,
but sexual harassment is very difficult to explain," she told reporters.
"It is better to resolve such issues within the family."
Fareeda Ahmed Siddiqui, an MP of the six-party religious alliance, the
Muttehida Majlis-e-Amal, sees the bill as being in clear contravention of
Shari`ah, Islamic law.
"Husbands and wives are bound to fulfill the sexual desire of each other. What
is the question of sexual harassment," she told reporters.
The lawmaker blasted the vogue language of the proposed bill.
"One of the clauses of this bill says that a husband could be sent to jail if
he verbally, psychologically or sexually abuses her wife. That means, if he
even talks to his wife in a loud tone, he could be sent to the jail because the
wife can complain that she has been psychologically hurt due to the loud tone,"
she said.
Alien
Siddiqui says that instead of encouraging couples to sort out their problems
the proposed legislation encourages outing domestic problems.
"In the Islamic system, differences between husband and wife, no matter how
serious they are, are encouraged to be resolved through the intervention of
close relatives of the two sides."
She accused foreign-funded NGOs of pressing for the enactment of such alien
laws.
Lawyer Mehdi agreed that the Pakistani society is totally different from
Western societies and such bills cannot be implemented here.
"No matter in which society you live laws are like clothes to make you fit. If
laws are not fit for your society, they create a mess," she warned.
Nasima Sultana, a senior educator, believes problems should be resolved inside
the house.
"Can this law prevent a man from divorcing his wife if she sends him behind the
bars? Of course not, therefore it is much better to settle down such issues
within the family ranks," she told media.
"I always advise my [female] students not to be impressed by the western type
of family system, which is being introduced in our society through different
means. That (west) is another world. Our world is totally different. Therefore,
we must live in accordance with our culture and traditions," Sultana
maintained.
"We must tell the West that we are different from them and are proud of our
religious and social values."
Breaking Families
Critics warn that the controversial bill would wreck havoc on the family
institution in Pakistan.
"If a wife goes to police or the court against her husband, and he is punished,
can you imagine what would be its effect on their married life?" asked lawyer
Mehdi.
"It will almost be impossible for them to live together if a husband is sent
behind bars."
"Even if a couple is not divorced, they cannot spit out the grudge against each
other for the rest of their lives."
Wajiha, the legal practitioner, agrees.
"It is not just that a woman goes to the court and the police to lodge a
complaint against her husband, and he will be sent to jail immediately.
"She will have to provide proof for sexual harassment before the court. She
will have to stand in front of her husband in the court," she said.
"One does not have to be a genius to understand the fate of that couple."
Ms Siddiqui, one of the most senior woman parliamentarians, shares the same
concern.
"One cannot imagine how badly this bill will affect our family system. This
will shatter the entire family system," she told reporters.
She believes the implementation of the proposed bill would jack up divorce
rates in the South Asian Muslim country.
"It will increase the divorce ratio to a dreadful extent as it will not merely
affect the husband-wife lives, but its psychological effects will badly affect
their children's lives."
Lawyer Mehdi also recognizes that children will bear the brunt in such cases.
"Children will be the worst affected in case of a divorce in the wake of this
bill."
Needed
Fauzia Wahab, who sits on an eight-member National Assembly committee on the
bill, supports the legislation.
"This is true that it will harm our family system and values, but the family
system should not be protected at the cost of women," she says.
"There is a dire need to seek aid of legislation to keep the family united
honorably and with dignity and to protect women's interests," she insisted.
Wahab said the new legislation will cover all kind of harassment which causes
distress to a woman.
"Legislation may help [in] eradication of these offences if there is strict
enforcement and implementation of laws, but this object can only be achieved if
there is awareness among the masses of their rights and obligations."
The committee, which comprises three members from former premier Benazir
Bhutto's Pakistan peoples Party (PPP) and five from the ruling Pakistan Muslim
League (Q), had sent its recommendations to the Law Ministry for further course
of action.
Well-placed official sources told reporters that the government had chosen at
this point in time for this legislation to divert attention from the simmering
judicial crisis.
President Prevez Musharraf suspension of the country's top judge, Iftikhar
Chaudry, has plunged the south Asian country into a judicial and constitutional
crisis and several judges have since resigned their posts in protest.
Many believe Chaudry is being punished for refusing to toe the official line on
several issues, including the controversial file of missing Pakistanis, as well
as his opposition to the planned re-election of Musharraf later this year.
Islam Online
