EDITORIAL: It is hard to believe that in this day and age gender-based violence could be justified and its defenders get serious attention, too. Some people have been using religion to oppose the Protection of Women against Violence Act, 2016, passed by the Punjab Assembly that includes domestic violence (physical and mental torture). Soon afterwards, some petitions were filed in the Federal Shariat Court (FSC) to have the law struck down for being ‘un-Islamic’. The petitioner also made the blatantly untenable arguments such as that “the impugned act, would create a gap and confrontation among families while Islam and the Constitution provided for their integration”. At the time, the Council of Islamic Ideology had termed the new law as un-Islamic.
Thankfully, however, having taken up the issue afresh a two-member bench of the FSC announced its reserved judgment on Tuesday, declaring that “no provision of the impugned Act is against the injunctions of Islam as laid down in the Holy Quran and Sunnah of the Holy Prophet (PBUH)”. The court also directed the Punjab government to ensure proper implementation of the law, and roll it out in every district of the province. Furthermore, emphasising the importance of the subject legislation, the FSC advised the other provinces to enact similar laws.
As for those misquoting the Constitution, they need to know that it forbids discrimination on the basis of sex, and calls for equality and freedom from all forms of exploitation. More to the point, a special clause in Article 26 says, “nothing should prevent the State from making any special provision for women and children.
” The FSC’s verdict should chastise various self-styled religious leaders who have been denouncing the law, claiming it to be in conflict with Islamic injunctions. As a matter of fact, violence against women arises from the norms and traditions of this male-dominated society in different forms, including sexual violence perpetrated by a spouse or some other family member, beatings, torture, so-called honour killings, and rape. Even panchayats (assembly of village elders) have been ordering rape as a means to avenge some wrong committed by a male relative. Yet religious leaders, including those heading religio-political parties, have never raised a voice against those sanctioning or committing rape. They have shown interest only in keeping women down by confining them to ‘chadar and chardevari’ (veil and home) so as to exploit and control them. Use of violence is so rampant that according to the World Economic Forum Gender Gap index Pakistan is the sixth most dangerous country for women, ranked at 153rd place out of 156 countries.
Most women suffer in silence due to fear of their tormentor as well as social stigma. Some may also be under the mistaken impression, created by the abusers, that religion bestows the privilege on men to treat women and girls whichever way they like. It can only be hoped that the law together with the FSC verdict will encourage victims of violent behavior to seek legal remedies.
Copyright Business Recorder, 2022
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