Pakistan: Time for repeal

Originally published in href="http://www.dawn.com/">The Dawn, 8 August 2002 -- Jamadi-ul-Awwal 28, 1423 A.H.

A recent
discussion organized by the Aurat Foundation on the Hudood Ordinances certainly
gave one a feeling of deja-vu. Looking around the table, I could see women who
have now gained the status of war veterans in their battle against the unjust
Hudood Ordinances inflicted on the nation by the repressive regime of General
Ziaul Haq. And yet, the fight is far from over. Though the ordinances were
promulgated in February 1979 as part of the military dictator's Islamization
package, the movement for repeal began with the first sentence of death by
stoning awarded to Allah Baksh in 1981 and 100 stripes to Fahmida in the same
case under the Zina ordinance. The first sentences, overturned on appeal amidst
protest by women's groups and negative media coverage of the military regime,
were followed by several in quick succession. The newly formed Women's Action
Forum (WAF) and other civil rights' groups were consequently caught up in
ensuring that the sentences were not carried out.

Their strategies
included both public demonstrations (rare under martial law) as well as
signature campaigns and did succeed in gaining reprieve for several women
convicted under the Zina ordinance. A Committee for the Repeal of the Hudood
Ordinances was also formed in 1986 to focus specifically on these discriminatory
laws that targeted women.

The coming into power of the first woman prime
minister, Benazir Bhutto in 1988, whose party manifesto at the time clearly
promised the repeal of the Hudood Ordinances, raised women's hopes. In the early
months of her term, it was also considered disloyal to oppose her or to place
too many demands - such was the sense of victory that women shared in her
election. 'Give her time' was the position most women's groups
took.

However, 'realpolitik' quickly superseded any idealism Ms Bhutto
may have had after coming to power. Soon she was seeking allies among the likes
of Maulana Fazlur Rahman and the issue of repealing the Hudood Ordinances became
improbable. Successive governments - elected or otherwise - have exploited
religion to suit their own agendas. In their keenness to appease the religious
parties and extremist groups, they have abetted in trampling the rights of the
most vulnerable sections of society - women and minorities. The power and
influence of the religious parties have been grossly exaggerated. With receding
popularity at polling time and curtailed street power (since the post 11
September crackdown), the religious groups can be taken on by a government
committed to reforms that safeguard the rights of women and minorities. However,
as we have seen it took pressure from the United States for the military
government to rein in religious militants. It is unfortunate that western
governments exercise more of an influence on our governments than the demands
voiced by their own citizens. The rights and status of half the population
continue to be precarious because of fears of backlash from religious
groups.

Since the promulgation of the Hudood Ordinances, thousands of
women have been charged, convicted and imprisoned. In almost all cases they have
been acquitted on appeal. However, there has been no compensation for the
harassment, humiliation and, above all, the precious period of their lives they
lost undergoing trial or sentence. The women's groups, too, have not made the
issue of reparations a part of their campaign against the
Ordinance.

Among the thousands sentenced, a few cases stand out for the
sheer insensitivity and prejudice of the judges. The first to suffer the
sentence was, of course, Fahmida, a minor at the time. Jehan Mina, 15 years old
and pregnant as a result of being raped by two male relatives, was sentenced to
100 lashes - reduced to 10 lashes by the Federal Shariat Court which, according
to its judgment, took a 'charitable' view. Sahiwal's Safia Bibi, blind and
unable to identify her rapists, was sentenced because she had become pregnant;
the rapists were given the benefit of doubt and acquitted. In his judgment the
judge stated that due to Safia Bibi's blindness, he was taking a 'lenient'
position and awarding her 'only 30 lashes.' The most recent case to hit the
headlines is of Zafran Bibi who was sentenced to death by
stoning.

Various officially-appointed commissions on the status of women
have suggested amendments to the Zina ordinance as it directly affects women.
The Commission set up in 1997 under Justice Nasir Aslam Zahid, was the most
categorical in identifying the dangerous impact of this law. However, instead of
implementation of recommendations of previous Commissions, the present
government has set up yet another commission on the status of women and, more
recently, a committee to review the Hudood Ordinances specifically. According to
last reports, the Committee is already bogged down in differences of opinion and
interpretation of Islamic laws. Will these laws ever be repealed? Our experience
shows that it is easy to promulgate bad laws (dictators do so with a flourish of
the pen - or sword). Repeal could be as simple if the political will is there
(or if it is an issue of strengthening a dictator). After all, the present
regime has already repealed amendments introduced into the Constitution by
elected parliaments. However, women groups should not pin their hopes on a
repeal brought about by an 'enlightened' government, military or civilian. Civil
society groups have to develop a culture of resistance. Pakistanis have a
tendency to look for saviours to resolve critical issues. We need to learn from
other people of the Southeast Asian region who through sustained people's
movements bring about change - or failing that, change their
governments.