Pakistan has been placed on number three regarding the intensity of violence against women while according to a study conducted by the Ministry of Women Development, every second woman in Pakistan is a victim of domestic or sexual violence. This was the common observation of a panel discussion on 'Improving the Criminal Justice System Combating Violence Against Women' arranged here by PATTAN Development Organisation in collaboration with Women's Concern Network and Sister's Trust.
The participants included Sarwar Bari, National Co-ordinator from PATTAN, Rehana Hashmi, Executive Director Sister's Trust, Samina Mukhtar from Women Concern Network, Aqsa Khan, Executive Director Women's Organisation for Rights and Development (WORD), Advocate Faisal, a social activist and Farzana Bari, Head of the Department of Gender Studies of Quaid-e Azam University.
The participants were of the view that the criminal justice system of Pakistan is confronted with serious crisis of delayed or no justice, which has had serious repercussions on national and international security and is also one of the major contributing or supporting factors in increasing violence against women.
Farzana Bari said that the issues faced by women in the present system are based on patriarchal structure of society, social and economic factors such as lack of education, economic dependence on male relatives, no right to decision making in family, no right to own property and land, social and cultural norms, socio-customary practices prevalent in all spheres of life. The government has signed various conventions and instruments to protect human rights but the desired goals and outcomes are not attained to protect women from violence which is increasing day by day.
She said that the violence against women should be reduced to minimum. "Usually the women who become the victim of the male violence, cannot find justice for themselves. The women are being treated as a "second" citizen even in the highly civilised areas of the world. Even, in the United States of America the incidents regarding violence against women are increasing by each passing day," Farzana said.
She added that according to a study conducted by Ministry of Women Development, every second woman in Pakistan is a victim of violence. Dr Farzana pointed out that it is the patriarchal mindset that gets translated into laws and policy making. She said it is not enough to have a number of women placed in strategic positions rather it is important to ensure that women are sensitised as some women can also think like men and when given positions of power can be insensitive in their attitudes towards other women.
Sarwar Bari said that there is generally an environment of impunity associated with all cases of violence reported by women in police stations. The police are accused of bribery, corruption, liaising with the underground criminals, closure of cases and investigation due to pressure by the influential.
The situation worsens when the judicial system creates impediments for women. Victims of domestic violence have no access to judicial protection and redress. Officials at all levels of the criminal justice system do not consider domestic violence a matter for the criminal courts, and is routinely dismissed by law enforcing agencies as a private matter. Female victims who attempt to register a police complaint against spousal or familial physical abuse are turned away. Worse, they are regularly advised and sometimes pressurised by the police to reconcile with their abusive spouses or relatives.
Sarwar emphasised that women alleging rape are often disbelieved and treated with disrespect and indeed harassed by officials at all levels. These women were forced by the system to contend with abusive police, medical legal officers who focus on their morality status instead of their injuries, untrained prosecutors, skeptical/cynical judges, discriminatory and deficient legal framework.
There have been important achievements in women's rights such as 33 percent representation of women in parliament, the Anti Sexual Harassment Laws. Unless the criminal justice system is not made pro women and easily accessible, it will perpetuate and reinforce violence against women in the society.
Semina Mukhtar said that the ineffectiveness of the criminal justice system in Pakistan is a major contributing factor to the gender based violence in the country. Women in Pakistan have very little faith in the justice system due to poor investigation, corruption, intimidation, external interference in trials, weak prosecution and the re-victimisation of women. Moreover, certain forms of violence are not even recognised as a crime under the law.
Aqsa Khan informed the audience that violence against women is not just a personal issue; but it is a social, economic, legal and political issue all over the world. She narrated the history of 16 Days of Activism to end violence against women and paid tribute to the Mirabel Sister's sacrifice that became a symbol of struggle to end violence against women. She explained that the criminal justice system has to be made supportive to women and we need to look at it deeply. The role of the judiciary, police, government and laws in addressing the gaps and ensure that legislation for women is based on the principles of equality free of any biases and patriarchal beliefs.
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