Daily Times

In the general discourse surrounding gender-based violence in Pakistan, physical violence in the private sphere is an oft-ignored phenomenon. Not only that, but the various forms of violence in the private sphere are unregulated by the law and state machineries – whether that is psychological violence, physical violence, sexual violence or economic violence. Quoting a recent occurrence in Karachi, whereby a woman working at a company was gang-raped by over 20 men, is the epitome of workplace harassment and how it is more than often brushed under the rug.

A ghastly statistic about Pakistan in the UNFPA recorded 32% of women who have in their lives been through the trauma of domestic abuse. Specifically, 40% of women who are married have been the target of spousal abuse, with no regard to the timeline but only to the happening of it.

Excruciating events like such when brought in light of judiciary, the media and most of all, the public officials (police) at the least are often discarded with the phrase ‘its a family matter’. The state along with the judiciary fails to provide assistance in terms of registering an FIR against the accused or the latter not taking interest in cases without hefty amounts of bribes which the victim is unable to pay forth.

Taking a route towards the heavy presence of physical abuse, the agitating topics against women are; marriage proposal rejections, the lack of ‘garam roti’(warm bread) at dinner and wives unable to get their husband’s foreign nationalities to name a few recent standing instances whereby violence was instigated against women in Pakistan.

The case of Noor Mukadam, the focal point of this writing, that took place in the capital is the unmitigated instance whereby the murderer took it upon himself to convict himself of the heinous crime of murder under the Pakistan Penal Code; qatl-e-amd under Section.300, only at the expense of a rejected marriage proposal.

The daunting case of Noor Mukaddam takes this piece to its analytical part. Crimes against humanity combined with violence against women is what this case is a product of. Charges against the perpetrator consisted of; rape, sexual abuse, assault, false imprisonment and lastly murder in the honourable court of Justice Atta Rabbani. The applicable law that convicted Zahir Jaffer is found in the PPC, S.302(b), a tazir offence which indicates the discretion of the qazi in the Islamic Republic of Pakistan, whereby the accused is sentenced to death by the qazi in consequence of murdering the victim. It is noted that the said judgement includes a statement which requires the Islamabad High Court to confirm the death sentence as per the verdict of the Sessions Court. In compliance with the hierarchy of the judiciary, the convicted defendant has now appealed to the High Court which leads to a gap in the execution of the death sentence of the murderer under Pakistani law.

Whereas the involved parents, the accomplices were acquitted and today are found to be back in their social lifestyles with their involvement hanging by a loose thread. The thread of injustice in the human rights of not one but many associated with Noor Mukaddam.

The defence lawyer of the convicted murderer, Advocate Sikander Saleem, claimed to pronounce dismaying statements such as the victim deserving such treatment, or even terming it ‘honour killing’ at the hands of his client as per the Shariah. The father of the victim, Shaukat Mukaddam bore the strength of enduring such comments by the defence counsel, the criticizing public and a lot more. Article 14 of the Constitution grants the citizen his/her fundamental right to dignity. At present, the statement by the defence counsel was portrayed at the expense of the dignity of not one, but two citizens. One is the victim who to reiterate, was murdered brutally and the other is the father of the victim bearing the dignity of his daughter, who was wrongfully and illegally treated. Such treatment is countered by the Constitution whereby Article 25 explicitly affirms the equality and non-discrimination between man and woman. It is not a fair trial, a right derived from the Constitution (A.10A) if one gender is open to jarring criticisms over their individual way of life.

It continues to stagger how trials encompass recurring statements like such with no sense of accountability or penalty.

The overarching question however is, should there even be a reasoning required for murder? The constitutional right of every citizen, found in Article 9 of the Fundamental Rights of a Pakistani, the right to have his/her life secured, protected and safeguarded has been left in a grey space.

24^th February 2021; the murderer was sentenced to death by the lower courts in Islamabad. As of today’s writing, the victim’s family stands without justice and without the support of the judiciary.

20^th July 2022; one year since the victim’s family demanded justice for a murder.

This present article, takes this incident to its 2^nd year, with a lack of justice, lack of protection and lack of reform as the case stands in still waters.

Horrifying instances such as those listed above had to take place for legal initiatives such as the Bill for Domestic Violence (Prevention and Protection) Act 2020 which was promulgated by then Human Rights Minister Shireen Mazari and Ombudsman for Protection Against Harassment (FOSPAH) to take birth in the legal hemisphere of Pakistan.

The former, even though seemingly a win for women in Pakistan did not have an easy ride. It went through continuous backlash by the religious authorities, pressurising the government to retract a ‘non-Shariah’ Act. The conflict that exists between the women standing for their rights in Pakistan and such pressure groups is one that is never-ending. The Bill went through a report in 2021, stating that it has been implemented at provincial levels. It is now also implemented in KPK after being rejected at the first instance of the application.

It was recorded that no judgement existed post-creation of the Women’s Protection Act 2006, which contained a provision protecting women encountering marital rape.

The lack of judgements akin to the protection of women furthers the argument presented; when will women be able to step out of the ‘private sphere’ created by men in this society? The question/thought provoked by facts is one that sadly remains unattended to.

As an analysis of the state machineries, it goes to show how they should be strong enough to withhold pressure arising from various groups and implement the requisite bills for protection as the need of the hour. Events showing solidarity with women such as Aurat March has continued to be the target of such pressure groups which leads the government to side with the latter rather than the former.

With cases such as Noor Mukadam and many more, it becomes more than pertinent for the state as well as the judiciary to take steps and leaps of faith in aiming to protect the woman living in Pakistan to their best and utmost abilities.

How many more hashtags will it take for the Pakistani judiciary to provide justice to the aggrieved?

The analysis of the judiciary and state boils down ultimately to the will. The will to protect, the will to consider women as equals and the will to make this country a better, flourishing place for women. With 49.2% of women in this state, it is rather pertinent for Pakistan to construct laws which enable protection for women against violence at home, violence at work and violence in the streets.

Stricter laws which stem to protect women from violence by their husbands, fathers-in-law, fathers, uncles and every other relation or non-relation need to be curated as this fight is the core of gender-based violence in Pakistan. The state and the officials have been enabling men to carry out acts such as beating women, threatening women and so much more without any consequences. The officials need to create punishments such as hefty fines, and imprisonment in regard to the act committed.

Being a signatory to CEDAW and various Human Rights Treaties under the UN, Pakistan with respect to its Constitution and also Shariah is obligated to produce reforms and Acts that adhere to the protection of women against domestic violence.

The views expressed in this article are writer’s own and do not necessarily represent the organization.