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NORWEGIAN CHURCH AID

Study on

“Lacunas in Pro-Women Legislation in Pakistan”

Submitted by

Riffat Butt

Dated: January 13th , 2013

“Lacunas in Pro-Women Legislation in Pakistan” Page i

ACKNOWLEDGEMENTS

I would like to acknowledge the help and cooperation extended in data collection for this

study by Ms. Ayesha Mahmood, Ms. Sumaira Javeed, Ghulam Dastageer, Fareed Ullah

Chohdray, M. Zubiar Khan, M. Sadaqat and particularly Ms. Nosheen Khalid for making

extra efforts to interview victims from Swat valley.

I am also thankful to Mr. Waheed Sheikh and his team for supporting in data compilation, &

tabulation. I am also indebted to my mentor Mr. Muhammad Asif for assisting me in this

study, particularly in editing this report.

I would like to extend special gratitude to resourceful implementing partners for

identification of the victims and in providing accessibility to them. The staff members from

NCA always remained available for their immediate response as and when it was requested.

This immensely helped in keeping this study focused to meet desired objectives. Lastly, it

would have been almost impossible to complete this study in time, if Ms. Rabia Waqar and

Mr. Abdul Monem Riaz were not so kind enough to provide immediate response to queries

forwarded to them. Thus, I remain highly indebted to them too.

“Lacunas in Pro-Women Legislation in Pakistan” Page ii

LIST OF ACRONYMS

NCA Norwegian Church Aid

PAWPA Prevention of Anti Women Practices Act

CEDAW Convention on Elimination of all forms of Discrimination against Women

U.N United Nations

KP Khyber Pukhtunkhwa

PATA Provincially Administered Tribal Areas

PANA Provincially Administered Northern Areas

FATA Federal Administered Areas

P.P.C Pakistan Penal Code

Cr.P.C Criminal Procedure Code

Q.S.Ord Qanune –Shahdat –Ordinance

C.P.C Civil Procedure Code

S Section

Art Article

F.C.A Family Court Act

DSJ District and Sessions Judge

DPO District Police Officer

CSO Civil Society Organization

NGO Non-Governmental Organization

GBV Gender Based Violence

DV Domestic violence

DVB Domestic violence bill

MDGs Millennium Development Goals

VAW Violence against women

NCSW National Commission on Status of Women

NPB National Police Bureau

GCC Gender Crime Cell

GEM Gender Empowerment Measures

GII Gender Inequality Index

PPOs Provincial Police Officers

NIC National Identity Card

“Lacunas in Pro-Women Legislation in Pakistan” Page iii

GLOSSARY

1- Marriage: The legal union of a man and woman as husband and wife. Although the common law regards marriage as a civil contract, most commonly it is the civil status or relationship existing between a man and a woman who agree to and do live together as spouses. The essentials of a valid marriage are ;

i. Parties legally capable of contracting marriage, ii. Mutual consent or agreement, and

iii. An actual contracting in the form prescribed by law.

2- Forced marriage: A marriage in which one or both of the parties are married without his or her consent or against his or her will.

3- Divorce (dissolution of marriage): It is the final termination of a marital union, canceling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the parties. In most countries divorce requires the sanction of a court or other authority in a legal process. In Pakistan, if the overt act is on the part of the husband then it is called divorce and if advances by wife, it is called dissolution of marriage or Khula. For pronouncement of divorce, jurisdiction of courts needs not to be invoked, only a notice of Talaq (divorce) is sent to the union council; however, in cases of khula or dissolution of marriage, matter is required to be brought before court which decides the matter accordingly.

4- Lawsuit: An action brought before a court to recover a right or redress a grievance.

5- Deceit: Dishonesty, fraudulent conduct, false statements made knowing to be untrue, by which the liar intends to deceive a party receiving the statements or consent and expects the party to believe and rely on it.

6- Illegal: Means not according to or authorized by law or in violation of human law.

7- Wanni/Swara: There exists in Pakistan a custom where a girl is given as an offering to ‘settle’ a conflict or dispute. This custom is practiced in different areas under different names. It is called wanni in Punjab, and Swara or in KPK and other tribal areas of Pakistan.

8- Badl-e-Sulh: Literal meaning is “compensation”. In practice of wanni/swara, an accused family gives its girl or girls in marriage to an aggrieved family as compensation to settle a blood feud between them, instead of giving blood money as “badl-e-sulh” or compensation.

“Lacunas in Pro-Women Legislation in Pakistan” Page iv

9- Marriages with Quran: Some women and girls are married off to the Quran for the rest of their lives. Marriage to the Quran is a ceremonial practice that forces the female involved to spend her life in celibacy. This absurd practice, after which a female cannot marry a man, is believed to be used by male relatives to keep their land and property intact (within family).

10- Void Marriage: A void marriage is a marriage that is void and invalid from its very beginning. Such marriage is unlawful and requires no formality for its termination.

11- Voidable Marriage: A voidable marriage is a legal marriage that can be cancelled at the option of one of the parties and it is subject to cancellation if contested in court.

12- Inheritance: Whatever one receives upon the death of owner as a legal heir or entitled to succeed from deceased property.

13- Cognizable Offense & Cognizable Case: An offense or case in which a police officer can arrest without warrant.

14- Non-Cognizable Offense & Non-Cognizable Case: An offense or case in which a police officer cannot arrest without warrant.

15- Bailable and Non Bailable Offense: A bailable offense is one, in which, bail is a matter of right, and non bailable offense is one, in which granting of bail is discretion of the court. Here the accused will have to apply to the court, and it will be the discretion of the court to grant bail or not.

16- Compoundable and Non Compoundable Offenses: Some offenses largely affect only the victim and no considerable harm is considered to be done to the society. Offenses in which a compromise can be done and trial can be avoided are called compoundable offenses. Rests of the offenses are non-compoundable.

17- Charge: In a criminal case, the specific statement of what crime the party is accused (charged with) contained in the indictment or criminal complaint.

18- First Information Report (F.I.R): First information is construed as the earliest communication or intimation of crime to the state agency to set it in motion to undertake investigation. FIR is prescribed in Section 154 of the Pakistan Code of Criminal Procedure in cognizable cases.

19- Complaint: It means the allegation made orally or in writing before a Magistrate, with a view to his taking action, that some person whether known or unknown, has committed an offense, but it does not include the report of a police-officer.

20- Offense: It means any act or omission made punishable by any law for the time being in force.

“Lacunas in Pro-Women Legislation in Pakistan” Page v

21- Accused: A person who is charged with a crime or misdemeanor.

22- Judge: The word "Judge" denotes not only every person who is officially designated as a Judge, but also every person, who is empowered by law to give, in any legal proceeding, civil or criminal, a definitive judgment.

23- Investigation: Includes all the proceedings under the Cr.P.C for the collection of evidence conducted by a police-officer or by any person (other than a Magistrate) who is authorized by a Magistrate in this behalf.

24- Judicial Proceeding: Includes any proceeding in the course of which evidence is or may be legally taken on oath.

25- Police-Station: Means any post or place declared generally or specially, by the Provincial Government to be a Police Station and includes any local area specified by the Provincial Government in this behalf.

26- Movable Property: Includes corporeal property of every description, except land and thing attached to the earth.

27- Immovable Property: Includes land, benefits to arise out of land, and things attached to the earth.

28- Magistrate: Includes every person exercising all or any of the powers of a magistrate under the code of Criminal Procedure for the time being in force.

“Lacunas in Pro-Women Legislation in Pakistan” Page vi

EXECUTIVE SUMMARY

n the past few years, significant progress in legislation on women’s issues in Pakistan has

been witnessed. Last one decade is called “the most active period of legislation making

with respect to women rights”. The laws passed have a focus to criminalize forced marriages,

depriving women from inheritance, and giving women in marriage to settle civil or criminal

liability, penalization of acid throwing act, sexual harassment at the workplace and various

discriminatory harmful traditional practices against women. Various constitutional provisions

also protect women’s legal rights in the country on a number of fronts. The state has also

shown its commitment to eliminate discrimination and bring gender equality by ratifying

various International Conventions, including Convention on Elimination of all Forms of

Discrimination against Women (CEDAW).

Despite making efforts and showing commitments on part of the government, Violence

Against Women (VAW) is on the rise. Prevalent harmful traditional practices such as Watta

Satta, Wanni/Swara, Child Marriage, Marriage with Quran and illegal forum of justice, like

Jirga and Panchayat are additional contributing factors leading to violation of women’s

human rights in Pakistan.

The highlight among the pro-women laws passed, the Prevention of Anti-Women Practices

Act (PAWPA) is the most prominent one because it targets “social, cultural and religious

practices against women” by banning the traditional taboo practices. Having the law is just

the first step; the next challenge is the effective implementation of law. The proponents of

this law are cognizant of the fact that it is decreasing in value due to weak enforcement

mechanism.

This is the first study in its nature which uses the primary source of information to analyze

the impact of Prevention of the Anti-Women Practices Act with regard to offences of forced

marriages, depriving women from inheritance, Wanni/Swara and marriage with Quran. The

study also attempts to examine litigation trends with regard to above offenses after

promulgation of PAWPA

I

“Lacunas in Pro-Women Legislation in Pakistan” Page vii

This study is an assessment to build an understanding of different actors involved in pro-

women legislation dealing with PAWPA in the targeted districts. This study also focuses

upon assessing the effectiveness of legal framework that is available for minority

communities on issues faced by women with respect to family matters including marriage

and inheritance and impact of PAWPA therein. The findings based on detailed assessment

the Prevention of Anti-Women Practices Act 2011 indicate weak implementation of the law

among the judges, police officers, lawyers and Non-Governmental Organizations (NGOs).

Similarly, victims of such cases too are ignorant of this law and their legal rights. Moreover,

no trainings for the judges, police officials, lawyers, NGOs and media have been arranged on

PAWPA. The law passed is ineffective and procedural impediments have further weakened

its implementation in true spirit. The provisions of the law are neither preventive in nature

nor have deterrent effects. Lack of clarity on definitions and legal terminology used under

this legislation also leave room to maneuver the case and get benefit of doubt for the accused.

Females victim of wanni/swara, forced marriages and deprivation from inheritance have to

face double round of litigations to get their due rights. Law is silent on the status of marriage

in cases of Wanni/Swara and Forced Marriages. A woman has to take recourse to the family

court for dissolution of marriage. The law also does not provide for returning of the property

to the female victim despite the fact that the law has declared the above said action

punishable.

Non-Muslim women are facing more or less the same disadvantages in society as Muslim

women. The personal laws governing the minorities are limited in number and also

discriminatory against the women. No codified laws of inheritance for Christian and Hindu

community exist. Hindu community also does not have any law to settle marriage and

divorce matters. Due to absence of the legislation, minority community may not avail the

protection provided in Prevention of Anti-Women Practices Act. The provisions of Child

Marriage Restraint Act are weak in nature and have failed to control the solemnization of

child marriage.

It has further been observed that the value and impact of the new legislation decreases when

not implemented effectively. Thus, whether implementation is effective or not the existence

of legislation alone is indicative of positive social progress and change in society. Focused

efforts are required to raise awareness about these laws in society in general, among civil

“Lacunas in Pro-Women Legislation in Pakistan” Page viii

society organizations, and enforcement machinery of the state in particular, so that benefits of

the pro –women legislation can be enjoyed by the women in letter and spirit.

.

“Lacunas in Pro-Women Legislation in Pakistan” Page ix

CONTENTS

SECTION-1 ........................................................................................................................ 1

BACKGROUND AND CONTEXT OF THE STUDY ..................................................... 1

1.1 Purpose of Study ............................................................................................................... 1

1.2 Overall Objective of the study .......................................................................................... 1

1.3 Specific Objectives ............................................................................................................ 2

1.4 Methodology ..................................................................................................................... 2

1.5 Preparation of Questionnaire and interview guidelines..................................................... 3

1.6 Target districts .................................................................................................................. 4

SECTION – 2 ..................................................................................................................... 7

DATA TABULATION AND CHALLENGES OF STUDY ............................................. 7

2.1 Sample Size ....................................................................................................................... 7

2.2 Limitations of Study .......................................................................................................... 8

2.3 Situation Analysis ............................................................................................................. 9

SECTION -3 ............................................................................................................... …..12

PRO WOMEN LEGISLATIONS AND IMPACT .......................................................... 12

3. 1Constitutional Provisions Guaranteeing Women’s Human Rights ................................. 12

3.2 Impact of Pro-Women Legislation (Prevention of Anti Women Practices Act, 2011) ... 13

3.3 Personal Laws of the Minority Community .................................................................... 18

3.4 Child Marriage Restraint Act 1929 ................................................................................. 22

3.5 Analysis of the Survey .................................................................................................... 23

FINDINGS ....................................................................................................................... 41

RECOMMENDATIONS ................................................................................................. 44

BIBLIOGRAPHY ............................................................................................................ 48

ANNEXURE .................................................................................................................... 50

“Lacunas in Pro-Women Legislation in Pakistan” Page 1

SECTION-1

BACKGROUND AND CONTEXT OF THE STUDY

orwegian Church Aid (NCA) is implementing a three years’ Gender Justice Program

“Local Action to Combat Gender Injustices (LACGI)”. The program focuses on

strengthening community initiatives to combat violation of women’s rights, with special

emphasis on issues related to consent in marriages and inheritance rights with crosscutting

sub-theme of gender based violence. The three years LACGI program has been designed after

extensive, as well as intensive consultation with stakeholders, core partners and resource

organizations. The program is being implemented in six districts, Bahawalpur, Layyah and

Gujarat in Punjab, Mansehra, Haripur and Swat in Khyber Pakhtunkhwa (KP).

The overall goal of the program is to prevent deprivation of women’s rights to inheritance

and free exercise of choice in marriage in target communities in Pakistan through social and

collective action. The specific objectives of the program are:

• Partners are to assist target communities in preventing forced marriages;

• More women in community get their share of inheritance;

• Community groups respond to the issue of Gender Based Violence (GBV)

1.1 Purpose of Study

The study “Lacunas in Pro-Women Legislation in Pakistan” will provide in-depth

understanding of pro-women existing laws and their impact there in. Study is expected to list

out the lacunas in existing pro-women laws which will help NCA and other stakeholders to

understand the positive and negative impact of laws for more effective gender justice

interventions in Pakistan.

1.2 Overall Objective of the study

The study tends to analyze in detail the pro-women legislation passed in Pakistan seeking

critical factors (including notions of justice, culture and masculinity) that have enabled

individuals to successfully resolve problems relating to inheritance rights, forced marriages

and domestic violence. As part of methodology of this study, NCA’s implementing

partners�� have helped in approaching GBV survivors/victims and other women/girls

N

*" Implementing partners are organizations working in focus districts with support of NCA on Gender Justice Program' “Local Action to Combat Gender Injustices" in local communities.


who have faced problems on this count or successfully handled gender related discrimination

as well as men publicly devoted in upholding women’s rights to shortlist those who are

willing to be part of this study. In the beginning of study, consultant has obtained preliminary

information from implementing partners. After in-depth interviews, the study analyzed

project interventions and role of implementing partners and assessed the impact of existing

interventions at the local/district level. Study has helped to find out the gaps and remedial

measures in the form of future interventions to gain maximum impact of NCA investment in

the selected districts.

Study provides detailed information on mechanism to get support from the pro-women

legislation in Pakistan by highlighting the existing laws as per following;

1- Law of Prevention of Anti-Women Practices (pro-women Legislation), 2011

2- Review of existing Hindu and Christians family laws and how minority women can be benefited from PAWPA.

3- Implications of Child Marriage Restraint Act 1929.

4- Suggest actions to advocate the issues to help form legislations for religious minority women.

1.3 Specific Objectives

• The laws should be studied for their shortcomings.

• A plan of action developed with recommendations as to how gender justice is ensured in the areas of consented marriage and women inheritance.

• Probable definitions and clarity on the relevant terms used in the above legislations.

1.4 Methodology

In view of the above objectives, qualitative method has been applied. Under this method

various tools like desk review, literature review, interviews through structured questionnaires

were adopted. An attempt to collect data about the cases filed under the focused laws was

also carried out. For this purpose, information & data from primary sources has been used.

The research process includes desk review of the laws, and relevant published literature to

seek understanding about pro-women legislations, and on the basis of above reviews,


interviews guidelines and questionnaires for the focus groups have been designed for field

research.

During field research, in-depth interviews with judges, lawyers, law enforcement authorities,

ulema/clergyman, media persons, experts/activists and litigants/victims, were conducted to

know about awareness level of the above said groups on the laws passed. It has also been

attempted to know the impact of pro-women legislation in the focus districts relating to its

effectiveness in providing relief to women, particularly to the women from the minority

groups.

Implementing partners of NCA have assisted in identifying GBV survivors. It is pertinent to

mention here the term “Survivor” that has been used in gender discourse to denote the

empowerment of the individual surviving violence. The study is focusing on the impact of

laws, however, in legal terminology, the word “Victim” is used against whom any offense is

committed, and therefore, this study uses the word “Victim” instead of the word “Survivor”.

The victims willing to share their stories were accessed by the enumerators with the active

support of resourceful implementing partners in the respective districts.

1.5 Preparation of Questionnaire and interview guidelines

The questionnaires for focus groups in this survey were prepared in English; these were also

translated in local languages for victims. Interview guidelines were also prepared for in-depth

understanding of concepts and terminology by the enumerators for interviews with the focus

groups and victims.

The questionnaire made for victims was simple and all the interviewees approached during

the exercise hardly faced any problem in grasping the message. The questionnaire meant for

lawyers, judges and police officers etc., was comprehensive and slightly technical; therefore,

every respondent took two to three days for responding to the questions.


1.6 Focus Districts

For field research, six districts ( three from Punjab i-e Layyah, Bahalpur, Gujrat & three

from KP, i-e Swat, Mansehra & Haripur) were targeted where NCA is working with its

implementing partners on Gender Justice Program “Local Action to Combat Gender

Injustices”, in local communities.

i. District Mansehra

Literacy rate of Mansehra is 36% 1. This rate is higher in urban areas as compared to

rural areas both for male and female i.e. 44.3% and 19.9% for urban and rural areas,

respectively. The lower level of education in women accounts to the fact that most

women get married at a younger age than men and resultantly discontinue their

education.

Politics is dominated by religious elements in the district. The district is inhabited by

Muslim residents, and there are only 0.2% of people belonging to other religions. No

non-Muslim family was found in the areas where the project is being implemented.

However, interview of a pandit was conducted who showed his ignorance towards the

PAWPA law. Many inhuman customs, such as wani and watta satta are also prevalent

there.

ii. District Haripur

Haripur contains the remains of ancient Gandhara civilization. The urban population

constitutes 12.0% while 88% live in rural parts. The area is rich in natural resources

and contains two important reservoirs, the Tarbela Dam and Khanpur Dam. The

overall literacy rate in the Haripur district is 53.7%; the female literacy rate is only

37.4% compared to male literacy of 63.6% 2

People living at Haripur, deny the existence of any sort of violence and gender

injustices among women. Christians are found to be in a larger number at Haripur,

interview of one of the pastor was also taken. Some of the Christians were contacted;

1 - http://www.census.gov.pk/NWFP/MANSEHRA.htm

2 . http://www.census.gov.pk/NWFP/HARIPUR.htm


they did not disclose any problem. However, they express ignorance about the

PAWPA 2011.

iii. Swat

The valley of Swat is situated in the north of Khyber Pakhtunkhwa; the urban

population of Swat is 13.83 % while the rural population is 86.17 %. The Literacy

Ratio (10+) is 28.75 %—male 43.16 % and female 13.45 %.3 Estimates show that

before 2006, the tourism industry used to contribute around $60 million per annum to

swat’s economy, whereas it dropped to $25 million when militants took control of the

valley. Besides tourism, hotel industry is also the backbone of the economy of swat.

Swat is part of KP’s Provincially Administered Tribal Area (PATA).4

Under the Constitution of 1973, laws passed by the Federal and Provincial legislature

do not apply in FATA/PATA, unless extended by the President or Provincial

Governor with the approval of the President of Pakistan. Except Criminal Law

[Amendment] Act of 2004 and the Khyber Pukhtunkhwa Child Protection and

Welfare Act 2010, no other women related law is either extended or currently

applicable in PATA areas including district Swat. In addition, women’s right to

inheritance in Malakand agency in general and in district Swat in particular is under

grave influence of primitive “Riwaj” [customary law]. In the past under this primitive

“Riwaj” in Swat, as a rule, only male members of family could own and inherit land,

women folk held no right to own and inherit land. Moreover, the right of women to

own and inherit land under Muslim Law was generally not being recognized. Child

and marriages without consent are in common practice. Although, very less in

numbers, Christian community also do exist in Swat.

iv. Layyah & Bahawalpur

Literacy rate of Layyah is 38.7 % . Female literacy is 23.39% as compared to52.98%

male literacy rate . 5. Bahawalpur has literacy rate of 35 % with division of female and

3 . www.census.gov.pk/census2011.php

4 . http://www.pakistantoday.com.pk/2011/11/16/news/profit/reviving-tourism-industry-of-swat/

5 - http://www.census.gov.pk/PUNJAB/LAYYAH.htm


male literacy of 23.95% & 44.86% respectively6. Layyah and Bahawalpur are among

the most under developed districts in Punjab. Issues of depriving women from right to

inheritance and marriage without their consent are prevailing. Custom of watta satta

is also observed there. Nonetheless, the issues of forced marriages and rights of

inheritance are more deep rooted in the poor and rural communities, urban women of

middle classes are also victim of gender injustices and domestic violence related to

some forms of forced marriages and rights of inheritance.

v. Gujrat

The urban population of Gujrat is 27.74% as compared to rural population of 72.25%.

It has an overall literacy rate of 62 %. Literacy rate of male is 73% in comparison to

female literacy rate of 51 % 7 . Diversified problems of women’s rights in this area

exist. This district in Punjab was focus of attention because in Kharian (focus area of

District Gujrat), most of the residents are settled in Europeans countries and relatives

of expatriate families want to settle abroad, thus the short cut available to them is to

marry in such a family. Often these marriages are arranged by the family elders

without consent of partners. The issue of inheritance right of women also exits as per

customs of the area. No minority community of Hindu or Christian is reported to be

living in this focus area.

6 - http://www.census.gov.pk/PUNJAB/BAHAWALPUR.htm

7 - http://www.census.gov.pk/PUNJAB/GUJRAT.htm


SECTION – 2

DATA TABULATION AND CHALLENGES OF STUDY

he entire data was collected within two weeks. Composition of some questions is

objective and some are narrative in nature. Digital data derived from the questionnaires

have been put in various tables and charts, whereas the data pertaining to

understanding of the laws, interpretations, support mechanism, prevailing best

customary practices has been clubbed together to form the basis of analytical part of the

study.

2.1 Sample Size

The interviewees include judges, lawyers, ulema/clergy/pandit, non-governmental

organizations, police officers, media persons and victims of Forced Marriage, Women

Deprived from Right to Inheritance, Vanni/Swara and Marriage with Quran.

At least two persons from each group of each district (amounting to fourteen persons) were

targeted for interview. However, under the judicial officers’ category, only one judge from

district Gujrat and district Mansehra agreed to give interview. Eighty nine people were

interviewed against the target of eighty four. Responses received are as follow;

Figure 1.1

T

Category wise response

Group Expected Received Extra Total

Lawyer 12 12 0 12 Judges 12 10 0 10 Police 12 12 0 12 Ulema 12 12 1 13 Media 12 12 0 12 NGOs 12 12 1 13 Victims 12 12 5 17 Total 84 82 7 89


Figure 1.2

District Wise Response Haripur Swat Mansehra Layyah Gujrat BahwalapurGroup T.R Ex T.R Ex T.R Ex T.R T.R T.R Lawyer 2 2 2 2 2 2 Judges 2 2 1 2 1 2 Police 2 2 2 2 2 2 Ulema 2 2 1 2 2 2 2 Media 2 2 2 2 2 2 NGOs 2 1 2 2 2 2 2 Victims 2 1 2 3 2 1 2 2 2 C.R 14 14 2 14 4 13 1 14 13 14 Total 14 16 17 15 13 14

Grand Total 89

EX. Extra Responses received in each Group Category TR. Total Responses Received in a particular Group Category

2.2 Limitations of Study

The study was intended to present a comprehensive report by applying quantitative and

qualitative research methodologies based on primary and secondary data to derive

empirically justified results. Paucity of time period given for writing this report was itself a

big challenge to conduct a comprehensive study.

However, limitations and challenges faced during the study are as follow;

i. Judges and victims were hard to approach. Like, at District Mansehra, despite written

request made to District and Sessions Judge (DSJ), permission to interview the judges

from the lower judiciary was turned down; after hectic efforts only one judge from

Mansehra gave the response; whereas at Gujrat only one judge was ready for the

interview on the condition of anonymity.

ii. PAWPA is a new legislation. Till the conclusion of this study there is no case reported

under PAWPA. It was challenging to locate victims on every issue identified, under

the said law. Moreover, in some areas, victims were reluctant to appear before male


enumerators for interviews like in Gujrat and Swat; thus the services of female

enumerators were hired.

iii. Passage of 18th Amendment has changed the relationship between Federation and

Provinces. Many subjects including women, children, marriage and family have fallen

within the Provincial domain. During the study, it was difficult to find at which

forum, Federal or Provincial, should be approached for an appropriate response on

follow-up action of the law.

iv. Initially, it was anticipated that field research would be completed within 3-5 days.

Unfortunately, due to official engagements of the implementing partners and delayed

accessibility to some of the focus groups; the entire process took roughly over two

weeks.

2.3 Situation Analysis

The status of women in Pakistan varies considerably across classes, regions, and the

rural/urban divide, due to uneven socio-economic development. The impact of tribal, feudal,

and socio cultural formations on women's lives is very obvious. On an average, the women's

situation vis-à-vis men are one of systemic gender subordination.

According to recent Human Development Report, Pakistan ranks 82 out of 93 countries in the

Gender Empowerment Measure8 (GEM) and has a Gender Inequality Index (GII) value of

0.573, ranking it 115 out of 146 countries in the 2011 index.9 In GII, while South Asian

women are shown to lag alarmingly behind men in education and work force participation.

Pakistan presents an increasingly hazardous trend, despite some positive improvements.

The GII reflects gender-based inequalities in three dimensions, health, empowerment and

economic activity10. While on the empowerment front, Pakistan has made some progress by

allocating 21% of parliamentary seats to women, on the other two dimensions, the situation is

rather gloomy. The adult literacy rate in Pakistan is 56%, of which female literacy stands at

8UNDP, “Sustainability and Equity: A Better Future for All”, Human Development Report 2011, New York: Available at http://hdr.undp.org/en/reports/global/hdr2011 (accessed on December 10, 2012).

9 ibid 10 - ibid


40% despite the Government’s commitment under the MDGs to achieve women’s literacy

87% by 201111.

Despite making efforts and showing commitments on part of the government, unfortunately,

Violence Against Women (VAW) is still on the rise in country. An overall increase of 6.74%

in cases of VAW has been reported during 2011, which represents a differential increase

from 8000 cases in 2010 to 8539 cases by Dec 201112. A fall within the same preview or

variety with little variation in the incidents of VAW during the last four years have been

reported. Regretfully, the society has not witnessed any radical departure in cases of VAW .

It reflects a kind of a status quo, indicating that neither State is doing much to eliminate this

violence nor society is responding to curb uncivilized behavior. In some forms of violence

there has been notable increase, for instance, sexual assault increased by 48.65%, acid

throwing increased by 37.5%, ‘honour’ killings by 26.57%, and domestic violence increased

by 25.51%”. 13

Domestic violence (DV) is common form of violence which has been highly under reported.

Despite this fact, an increase of 25.51% of the DV cases during 2011 is observed.14 Prevalent

harmful traditional practices such as Watta Satta, Wanni/Swara, Child Marriage, Marriage

with Quran and illegal forum of justice like Jirga and Panchayat are additional contributing

factors leading to women’s human rights violations.

A) Pro-Women Legislation- Status & Implementation:

The period from 2008- 2012 is considered “the most active period of legislation

making concerning women rights”. In the past few years, significant progress in

legislation on women’s issues in Pakistan has been made. The laws passed have a

focus to criminalize forced marriages, depriving women from inheritance, and giving

11 -Govt. of Pakistan,Millennium Development Goals, Report 2010, Available at http://undp.org.pk/images /publications/mdgr2010.pdf (accessed on December 10, 2012). 12 - Aurat Foundation, Fourth Annual Report on VAW, 2011.Aavailable at http://www.af.org.pk/PDF/ VAW%20Reports% (accessed on December 10, 2012).

13 -- ibid 14 -ibid


women in marriage to settle civil or criminal liability15, penalization of acid throwing

act16 and sexual harassment at the workplace.17

The Women in Distress and Detention Fund Act 2011 has also been amended to use

this fund to provide financial and legal assistance to women in jail. Another Act,

named “National Commission on Status of women 2012, has also been passed for the

establishment of an autonomous and effective Commission for providing

recommendation to the government on women’s issues and rights.

B) Research Question

The study will attempt to explore on the following points;

1- Why despite the pro-women legislation (Prevention of Anti Women

Practices Act, 2011), the situation is not improving; what are the lacunas in

this legislation and how to rectify these gaps.

2- What is the legal framework pertaining to personal laws of the minority

community for settlement of their marriage and inheritance issues; extent

of the impact of effectiveness of PAWPA on the women from minority

groups.

3- What are the gaps in the Child Marriage Restraint Act 1929, how to fill

those gaps?

4- What aspects are essential for incorporation in an advocacy action plan for

formulating legislation with regard to women of minority groups?.

15 The Prevention of Anti-Women Practices (Criminal Law Amendment) Act, 2011. 16 Criminal Law (Second) Amendment Act 2011. Through this amendment, provisions have been added in the Penal Code that carries heavy punishments for the crime of inflicting injuries through acid or such other dangerous substances.

17 Protection against Harassment at work place Act 2010, & Criminal Law Amendment act 2010 (penalizing the offence in Pakistan Penal Code).


SECTION -3 PRO WOMEN LEGISLATIONS AND IMPACT

3.1 Constitutional Provisions Guaranteeing Women’s Human Rights

The umbrella legislation guaranteeing women’s legal rights in Pakistan has been provided in its constitution of 1973, which advances women’s legal rights in the country on a number of fronts.

Primarily the basic provisions guaranting enforcement of women’s rights have been provided in the Constitution of Pakistan 1973 under the chapters of Fundamental Rights and Principles of Policy. These provisions ensure that the State is committed to eliminate all kinds of discriminations against women and to provide enabling environment for advancement of women in all walks of life.

Various provisions of Constitution stipulate a number of legal and other human rights of the

women as follows;

Article 3, Calls upon the State to eliminate all forms of exploitation;

Article 4, Provides the right to enjoy the protection of law and to be treated in accordance with the law. This applies to the citizens as well as “to every other person for the time being within Pakistan” without distinction;

Article 8 (1), States that any law, or any custom or usage having the force of law, in so far as it is inconsistent with the rights conferred by this chapter, shall, to the extent of such inconsistency, be void ;

Article 23, Confers the right to acquire, hold and dispose of the property;

Art 24 (1), Stipulates that no person shall be compulsorily deprived of his property save in accordance with the law;

Article 25 (1), Guarantees that all citizens are equal under the law and are entitled to equal protection of law;

Article 25 (2), Adds there shall be no discrimination on the basis of sex;

Article 25 (3), Stipulates that nothing shall prevent the state from making any special provision for the protection of women and children.

Article 27, Prohibits discrimination on the basis of sex, race, religion, or caste for government employment;


Article 34, States that “steps shall be taken to ensure full participation of women in all spheres of national life;

Article 38(a), Adds that it is the responsibility of the state to “secure the well-being of the people, irrespective of sex, caste, creed, or race, by raising their standard of living”.

3.2 Impact of Pro-Women Legislation (Prevention of Anti Women Practices Act, 2011)

Among the pro-women laws passed, the Prevention of Anti-Women Practices Act holds the

significant place because it aimed to prevent social, cultural and religious practices against

women. PAWPA has provided punishments for the acts of Forced Marriages, Marriage with

Quran, Marriage in exchange for vengeance (Wanni/Swara), and Deprivation of Women’s

Inheritance. Yet, the next challenge is effective implementation of this law. The proponents

of this law are cognizant of the fact that it is decreasing in value because of weak

enforcement mechanism.

A) Section 310-A of P.P.C (Prohibition against giving away female in badla-e-sulah,

wanni or swara etc)

Section 310-A of Pakistan Penal Code (P.P.C) has been replaced by the PAWPA as follow:

S 310-A Before PAWPA S 310-A After PAWPA

Punishment for giving a female in marriage or otherwise in badal-i-sulh:

“Whoever gives a female in marriage or

otherwise in badal-i-sulh shall be punished with

rigorous imprisonment which may extend to ten

years but shall not be less than three years “.

Punishment for giving a female in marriage or otherwise in badla-e-sulh, wanni or swara.

“Whoever gives a female in marriage or

otherwise compels her to enter into marriage,

as badal-e-sulh, wanni, or swara or any other

custom or practice under any name, in

consideration of settling a civil dispute or a

criminal liability, shall be punished with

imprisonment of either description for a term

which may extend to seven years but shall not

be less than three years and shall also be liable

to fine of five hundred thousand rupees”.


The new Amendment has introduced the words of “wanni & swara” besides the word of

“badle-sulah”. The new provision also includes punishment for giving a female in wanni or

swara, apart from the already existing word of badla-e-sulh. However, there is a pre-requisite

of the existence of a civil or a criminal dispute. It implies that this section will come to

rescue a female only if she is given to settle a civil or criminal liability. If a female is not

given for this purpose, it will not fall under this section.

- The opening word of the provision “whoever gives” primarily applies to those

who 'give' the female in marriage i.e. usually the family of the female. It does not

necessarily penalize the other parties involved i.e. the ones who facilitate the

marriage, the witnesses, other members of family and most importantly, the

bridegroom and his family i.e. those on the receiving end of the transaction.

However, in certain situations, depending on the circumstances of the individual

case, any person who may have 'compelled' the female into such a marriage can be

punished under the section. For emphatic enforcement of this provision, it should

have included the word “whoever facilities” to deter it from happening.

- Another major gap is that new provision lacks in definition of Wanni/Swara. By

not defining 'wanni’/ 'swara' or even 'custom' or ‘practice', therein lies a loop hole

in criminal law. General definitions may be used; however, the courts may remain

reluctant to include certain acts to fall within this section, thereby continuing to

give perpetrators immunity by refusing to define their actions as a crime under

this act. The section does not include the word ‘sung-chati', a kind of marriage

similar to 'swara' and 'waani', practiced in Sindh Province. In absence of this

word, it may be difficult to make it understand by the court and law enforcement

agencies that it is the same as practiced in other parts of the country with name of

Wanni and Swara.18

- When a female is given in marriage, unlike traditional marriages, it is solemnized

with a symbolic gesture, a male would put his hand on head of the female given in

18 - Samar Minalah, women’s rights activist , interviewed by Riffat Butt on 11.12.12


Wanni/ Swara and it is construed as a marriage19. These so called marriages are

hardly registered.

- The provision calls “giving a female” as a marriage, how a so called marriage

taking place without consent of the female be given a status of valid marriage.

Such marriages should have been declared void at the time of the pronouncement

of judgment of the court during trial of such offenses, and decision should be sent

to the family court of the area where the female is residing to save her from agony

of another round of litigation for dissolution of marriage.

- Another major lope hole of the law is that PAWPA does not have retrospective

effect; therefore the cases existing before passage of this provision cannot be

brought under its ambit.

- Accused is considered a favorite child in criminal law. The allegations leveled

against him have to be proved without any doubt by the complainant. In situations

where there is even a little doubt as to whether an act falls within the definition of

the crime under any other section, the decision will probably favor the accused.

Due to the restrictive nature of the section and the lack of definition, the

effectiveness of this legal provision is doubtful.

- The offense contemplated in this section is non- bailable and non-cognizable in

nature. Non-cognizable, it means that police cannot interfere or can take notice of

it without prior permission of the court. So, this section would come into force

only after commission of the act, not before. Although, offence of giving away a

female has been made non-bailable under the new law; as per section 497 of

Criminal Procedure Code (Cr.P.C), if any person is alleged of a non bailable

offense, he shall be released on bail, if the punishment provided is less than ten

years20 . This loophole has also been observed by an apex court21. Reduction in

19 - ibid

20 S 497. When bail may be taken in cases of non-bailable offense. (1)When any person accused of non bailable offence is arrested or detained without warrant by an officer-in-

charge of a police station, or appears or is brought before a Court, he may be released on bail, but he shall not


maximum punishment from ten to seven years has facilitated the accused to be

bailed out.

B) Section 498-A of P.P.C ( Depriving Women from Inheritance )

Prohibition of depriving woman from inheriting property.- Whoever by deceitful

or, illegal means deprives any woman from inheriting any movable or immovable

property at the time of opening of succession shall be punished with imprisonment

for either description for a term which may extend to ten years but not be less than

five years or with a fine of one million rupees or both.

A new Section- 498A has been added in P.P.C which deals with the issue of depriving a

woman from inheriting property. Essentially, this section has been added to protect the

inheritance right of women.

- Perusal of the provision reveals that the use of the words 'deceitful' and 'illegal'

make the section slightly restrictive. It implies that if a woman is compelled to

relinquish her right to inheritance under the sibling’s pressure or emotional black

mail, said acts may not fall within the purview of “deception” or “illegality”. It

would perhaps have been more effective to simply state that a woman is not to be

deprived of her inheritance by any means whatsoever. This provision is

inconclusive and lacks comprehensive coverage of the issue.

- Further the use of the term 'opening of succession' may result in some confusion.

Logically, the intention of the legislation was to make it effective from the time

when a female becomes entitled to her inheritance i.e. immediately upon the death

of the person from who she inherits. However, certain courts interested in stalling

the proceedings may insist to construe it from the time an application for

succession and inheritance is filed.

- Another major loophole of the provision is that it prescribed punishment of the

offense where a woman is deprived from her right to inheritance. It is silent on

be so released if there appears reasonable grounds for believing that he has been guilty of an offense punishable with death or [imprisonment for life or imprisonment for ten years]…………..

21 http://dawn.com/2012/03/26/superior-courts-focus-on-helping-swara-vani-victims/ (accessed on December 13, 2012)


passing the order of returning back to her due share in the property. For obtaining

her share, she is to file another civil suit. The above provision should have

provided that women who have been deprived from her property/succession must

be given back her property after determination of her legal heir-ship currently at

the time of the decision of the court under this law. The lady should not have

needed to file another suit.

C) Section 496- B of P.P.C (Prohibition against forced marriages)

Prohibition of forced marriage. - Whoever coerces or in any manner

whatsoever compels a woman to enter into marriage shall be punished with

imprisonment of either description for a term, which may extend to ten years

or for a term which shall not be less than three years and shall also be liable

to fine of five hundred thousand rupees.

This provision has added Section 498-B in Pakistan Penal Code. The section is applicable on various forms of forced marriages for all purposes, whether it relates to child marriages, marriages for purposes of land, for settlement of disputes, for purposes of forced conversion etc. “Coercing or compelling” are only its pre-requisite therefore, it can be liberally interpreted. Cases of Wanni and Swara can be complained against under S 310-A of P.P.C along with this clause.

- Another loophole left is that it does not turn a “forced marriage” as void or

voidable. Because of this lacuna, the marriage will be considered a valid marriage.

For the dissolution of forced marriage, the victim has to recourse to the family

court. The law also does not provide for the maintenance or compensation for the

victims.

- It also does not define the elements of forced marriage. When asked in survey there was interesting answers, like marriage without the consent of the bride or marriage without the consent of wali. Furthermore, the person who arranged or facilitated the forced marriage must be included in the list of accused to apprehend the witnesses, Nikah Registrar etc.


D) 498 –C of P.P.C (Prohibition against marriages with Holy Quran)

Prohibition of marriage with the Holy Quran:

Whoever compels or arranges or facilitates the marriage of a woman with the

Holy Quran shall be punished with imprisonment of either description which may

extend to seven years which shall not be less than three years and shall be liable to

fine of five hundred thousand rupees.

Explanation: Oath by a woman on Holy Quran to remain un-married for the rest

of her life or, not to claim her share of inheritance shall be deemed to be marriage

with the Holy Quran."

By virtue of insertion of Section 498C in P.P.C, the issue of marrying a female with Quran

can be punished. In some parts of the country, a woman is married to Quran to keep the

female's inheritance within the family i.e. not to lose any 'family' property due to marriage

with an outsider. Again this section is not preventive in nature; it also does not declare the so

called marriage as “void”.

3.3 Personal Laws of the Minority Community

Minorities represent almost three percent of the total population of Pakistan. Hindus and

Christians are more in numbers. Their matters relating to marriage, divorce and inheritance

are governed by the following enactments in Pakistan, also known as personal laws:

Personal Laws of Hindu Community Personal Laws of Christian Community

1- Hindu Disposition of Property Act, 1916 2- Hindu Inheritance (removal of Disabilities Act) 1928 3- Hindu Marriage Disability Removal act, 1946 4- Hindu Married Women Rights to Separate Residence

and Maintenance Act 1946 5- Hindu Widow’s Marriage Act, 1946

1- Christian Divorce Act , 1869 2- Christian Marriage Act, 1872

A) Issues in personal Laws of Minority Community

Non-Muslim women are facing more or less the same disadvantages in society as Muslim

women. According to the Constitution of Pakistan 1973, all communities are entitled to

follow their personal laws. The legislation governing Christian family matters are provided

by the Christian Marriage Act 1872 & Christian Divorce Act 1869.


- There is no concept of unilateral divorce in Christian law; the courts have to be

approached for divorce. Adultery is the principal ground for dissolving marriage

under Christian law. This became more complex when the Hudood laws made

adultery punishable with stoning to death. Following the Women Protection Act

2006, non-Muslims can still be tried under this provision although the punishment

is imprisonment. As the result of the Hudood laws probable consequential

damages for seeking relief under Christian Marriage Act 1872 have increased

manifold.

- Regarding succession and inheritance, no separate legislation exists. The matters

of Christian inheritance and succession are dealt under Succession Act 1925. The

Succession Act dates back to British rule in Indian subcontinent. The law was

designed to deal with succession issues of colonial subjects belonging to different

religious communities. “Christian women are generally denied their right by male

members of their family “22.

- In Inayat Bibi versus Nazir Inayat Ullah case, Supreme Court has declared

customary law inapplicable after the enforcement of this Act which was being

invoked by males of the family to deprive the females. Supreme Court of Pakistan

in the above case allowed inheritance to a Christian female and ruled,” The

Christian females, similarly as in the present case, are allowed to inherit in

presence of the male heirs. It is thus a case of the application of the Succession

Act, which by statutory dispensation having determined the mode of succession

when Christian male dies; neither the question of custom nor any other law quoted

by the learned Council would be applicable23”.

- Similarly, there exists no legislation on personal laws of Hindu Community in

Pakistan. Personal law of Hindu’s remained un-codified except for inheritance

laws for specific purpose and Hindu Women Right to Separate Maintenance and

Residence Act, 1946,

- Lack of mechanism for registration of Hindu marriage causes lot of problems; as

no evidence of marriage exists resulting in difficulties to get passport etc. Lack of

22Naeem Shakir, Advocate and Human Rights Activist, Interview by Riffat Butt, Islamabad, December 11,

2012. 23 PLD 1992 Supreme Court 385


registration of marriages also has implications for legal recourse for spouses in

case of matrimonial and inheritance disputes.

- Forced conversions have been one of the biggest concerns for minority

community for many years. The National Commission for Justice & Peace (NCJP)

recorded 762 cases of conversion to Islam between 1999 and 2004. However, no

conversion from Islam to any other religion was observed.24 In number of cases,

minority women including minor female were abducted and converted to Islam

through marriage with a Muslim; in such cases, the courts had seldom decided

matters of custody of the abducted girl in favor of the family.25 There exist no

administrative or legal measures to stop these incidents which are demoralizing

and a barrier in social integration of different religious minorities.

B) Impact of PAWPA on Minority women

In view of the above discussion, it is clear that minorities may not be able to avail the benefits

provided under this law on account of the following reasons;

- Customary practice of not giving inheritance has been observed and the common

excuse extended is, giving of dowry at the time of marriage. There exists no

codified law of inheritance of the Christian Community; cases of inheritance and

succession are brought under the Succession Act 1925. The impact of the new

legislation cannot be assessed till a case is registered and decided under this law.

While expressing opinion about forced marriages in the Christian community, a

pastor said that “our community and pastors do not allow the forced marriages as

we announces the marriage in church at least one month before the ceremony and

invite everyone to object it, if there is any”.

- Issues of forced marriages after forced conversions cannot be brought under

PAWPA because; the law does not define the elements of “forced marriage”,

leaving it on the court to construe the meaning at its discretion in accordance with

the circumstances of the case.

24 “Life On The Margins” Study on the Minority Women in Pakistan, NCJP, 60. Available at

www.ncjppk.org. 25 Human Rights Commission of Pakistan, Annual Report 2010, 136.


- The cases of Wanni and Swara with regard to the minorities can be brought under

PAWPA26 .

- The condition of Hindu community is more awful. Laws on marriage registration,

divorce and on inheritance do not exist. Due to the absence of the codified

legislation, it would be difficult for the women from Hindu community to prove

their case of depriving from inheritance, thus restraining them from the benefits of

this enacted law. However, the protection of law is available in cases of

Wanni/Swara in Hindu community also.

26 Naeem Shakir, Advocate and Human Rights Activist, Interview by Riffat Butt, Islamabad, December 11,

2012.


3.4 Child Marriage Restraint Act 1929

The U.N. Convention on the Elimination of all Forms of Discrimination against Women

(CEDAW), to which Pakistan acceded in 1996, mentions the right to protection from child

marriage in Article 16. It states: "The betrothal and the marriage of a child shall have no legal

effect, and all necessary action, including legislation, shall be taken…"

- Child Marriage Restraint Act, 1929 (CAMRA) is the basic law that is extended to

the whole Pakistan and is applicable to all the citizens. The age of marriage in

Pakistan is 18 years for male and 16 years for female. On the other hand, the

Shariah considers puberty as a criterion for the marriage and did not specify any

age for marriage. Age for puberty differs across the country. The provisions of

CAMRA have failed to curb the solemnization of child marriage due to weak

nature of the provisions. The punishment provided for violating its provisions is

simple and insufficient to deter the offense. The provisions can be invoked only

on the complaint of union council or any other authority appointed for this

purpose by the respective government before magistrate.27 Another gap in

CAMRA is that it does not declare a child marriage as illegal or void.

27 S 9. No Court shall take cognizance of any offense under this Act except on a complaint made by the Union

Council, or if there is no Union Council in the area, by such authority as the Provincial Government may in this behalf prescribe, and such cognizance shall in no case be taken after the expiry of one year from the date on which the offence is alleged to have been committed.)


3.5 Analysis of the Survey A) Responses of the Focus Groups:

i. Awareness level of The Prevention of Anti Women Practices Act (PAWPA):

When awareness level among the focus groups regarding the PAWPA was assessed; the

responses gathered reflected that police, general public and ulema have poor knowledge

about the law as compared to other actors in society. Whereas, awareness level of judiciary

and NGOs has been found to be relatively good as compared to the others. The awareness

level of the lawyers and media about this law is found to be relatively fair.

In case of district Swat, when police, judges and lawyers were asked about this law, their

instant response was that it did not extend to their area because Swat being part of PATA is

excluded from its application. When asked under which laws, they deal cases of

Wanni/Swara and forced marriages, the answer was P.P.C; whereas the cases of inheritances

are brought under the Civil Procedure Code (C.P.C) and Family Court Act (FCA) 1964. They

were ignorant of the fact that this law has introduced changes in P.P.C and have not created a

separate legislation to deal with these offenses other than the already existing law.

Figure 2.1


ii. Awareness Level of Child Marriage Restraint Act 1929

Survey also reflects that awareness level of the general public & of the ulema about the Child

Marriage Restraint Act is poor as compared to other groups. The awareness level of

judiciary, lawyers and NGOS is found to be good in comparison with the other groups. The

understanding of this law by police and media is found to be fair.

Figure 2.2


iii. Can a “Child Marriage” be considered a forced marriage?

In response to a question, “Can a marriage solemnized in contravention to the provisions of

Child marriage Restraint Act is considered a “Forced Marriage”, all the groups except

lawyers with majority said “yes”. The group of lawyers was equally divided between “yes”

and “no”.

Figure 2.3


iv. Level of awareness of Christian Laws of Marriage & Inheritance

Awareness level about the Marriage & Inheritance laws of the Christian Community has been

found to be poor among the police, ulemas/clergy/pandits, and media; whereas the

knowledge of these laws has been found to be fair among the judges and lawyers. However,

no group was able to comment about the awareness level of general public on these laws. It is

pertinent to mention that no group has been found to be good in knowing the personal laws of

these communities. Response about these laws from SWAT is, that these laws “does not

apply” because it is part of PATA and not a regularly settled area.

Figure 2.4


v. Awareness of Hindu Laws on Marriage & Inheritance

Among police, media, general public, religious leaders and NGOs, none was responsive

about the Hindu personal laws. Majority of responses collected were either “don’t know” or

“poor”. However, understanding of lawyers and of judiciary was relatively better than the

others. Response from SWAT was that these laws “does not apply” because it is part of

PATA.

Figure 2.5


vi. Is PAWPA equally effective for Minority groups in Pakistan?

When asked, whether the new pro-women legislation is comprehensively covering the

minority groups living in Pakistan, or not; the majority response gathered from all the groups

was a simple “no”.

Figure 2.6


vii. Scope of PAWPA to cover marriages after forced conversions.

When asked about the scope of PAWPA to cover cases of marriages after forced conversion;

the response collected in majority is in “no” from police, judges, media and religious leaders;

whereas in the opinion of lawyers and NGOs it is “yes” as they were of the opinion that it

can cover cases of forced marriages, resulting in cases of forced conversions. Apparently, the

respondents have conveyed their understanding of general impressions about the capability of

PAWPA for the prevention of marriages as an outcome of forced conversions

Figure 2.7


viii. Obstacles in getting relief in cases of forced marriages and deprivation

from inheritance. In effective laws, lack of awareness, cumbersome procedures and non availability of the legal

support have been identified to be the major obstacles in getting relief in cases of forced

marriages and deprivation from inheritance among women. These factors are also the

impediments to seek justice by women from minority groups.

Figure 2.8


ix. Trends of offenses after promulgation of PAWPA

Responses gathered from groups regarding trends of the offenses mentioned below after

promulgation of PAPWA, are very interesting; opinion of majority about the forced

marriages is that it has “decreased”; while “no effect” on depriving women from inheritance

has been reported; whereas about tendency of the rest of the offenses, the response collected

was “don’t know”

Figure 2.9


x. Litigation trends after enforcement of PAWPA.

When asked about the litigation trends regarding issues listed in APWA, the response about

the forced marriages & depriving women from inheritance was “ no effect” ; on the other

hand for rest of the issues the simple reply was “don’t know”. It reflects the ignorance of the

groups particularly hailing from legal background.

Figure 2.10


B) Victims Responses

At least two victims from each of the focus districts were targeted for interview. Total 17 victims against the target of 12 were accessed. Those female victims were targeted who had faced the issues contemplated in PAWPA. Details of response received and district wise break up has been given in figure 1.1 and 1.2 respectively.

i. No of categories of complaints came across during the interview are as follows;

Figure 2.11

No case of marriage with Quran was reported in the targeted districts.


ii. Do you know that there is a law on the issue you are facing?.

The question was designed to see response about the knowledge of PAWPA among victims. Only six out of the seventeen victims interviewed responded that they had the knowledge of other laws of civil nature relating to their grievances. None of the victim interviewed was aware about the PAWPA. Some of the victims interviewed approached the court either under the family or civil laws, however, none under the new enactment.

Figure 2.12


iii. Which forum did you approach for the grant of relief?

Some of the victims approached court for getting relief. Some of them also approached

NGOs, lawyers and police to get support.

Figure 2.13

In view of the above it is apparent that the most trusted forum is still court of law.


iv. Who helped you in approaching court? When asked who helped them in approaching court, the response in majority cases was,

NGO”. Few of them also indicated local leaders and relatives in getting access to court.

Figure 2.14


v. Are you satisfied about the disposal of your case?

No offense has been reported by the victim under the new legislation and to assess the institutional responses to such offenses when asked how disposal of cases was taking place, the majority of the respondents were divided between “no” and “don’t know” answer slab. Interestingly, a few respondents even showed their apparent satisfaction on disposal of such cases. Figure 2.15


vi. Did you also suffer from the physical or mental violence during the offense?

Majority of the victims also faced physical and mental torture during their issue.

Figure 2.16


vii. During your problem/grievance how was the behavior of the following people with you?

During proceedings of the case most of the victims were satisfied with attitude of the judges,

lawyers and NGOs, however, behaviors of the police have been reported as ‘non-cooperative’

and ‘rude’. The behavior of the family members, community elders has been assessed to be

equally divided between co-operative and non co-operative.

Figure 2.17


viii. How to prevent the offense against women?

When asked how the offence they had faced can be prevented in future; the most rated

responses were “awareness of the society, and “support from legal system”, followed by

support from police and family as well.

Figure 2.18


FINDINGS

1- During field research, it has appeared that the judges and lawyers contacted have little

knowledge about the PAWPA 2011 and especially their knowledge regarding the

Christians & Hindu laws on Marriage & Inheritance and Child Marriage Restraint Act

1929 has found to be inadequate. Almost all of them had to consult the relevant literature

and even their seniors for responding to the questions in the questionnaire. Knowledge of

the implementing partners was also limited on the focus laws.

2- Judges, lawyers, police and NGOs from Swat are of the opinion that being part of PATA,

PAWPA is not applicable on their area. Their aloofness that this law has introduced

amendments in P.P.C which is in practice in their region and that Swat is not excluded

from application of this Act came as rather unpleasant surprise.

3- It was also very surprising that no person from any group had ever attended any kind of

training on this new enactment, particularly, in case of NGOs who are forefront torch

bearers of this law and are actively connected with pro-women support system.

4- Victims have not resorted to specific law relating to the protection of women. None of the

victim interviewed had any knowledge of the law passed. Even if they did know, it is

assumed it would have been of little help to them due to its non retrospective nature.

Only three of the victims interviewed indicated that they have approached the civil courts

for claiming relief in issues of inheritance or dissolution of marriage. They did not know

if there was a special legislation that specifically was meant to provide relief to them on

these issues.

5- Females who were given in Wanni/Swara were of tender age and now had children out of

their forced relationships. The ladies narrated physical violence faced by them in their so

called relationships. One victim rather opted to leave her area and shifted to another place

as a desperate measure to escape violence and now was in process of fighting her case of

dissolution of marriage in a family court.

6- The new law makes the offenses therein as non-compoundable and non bailable one; an

accused person cannot be pardoned legally even if a compromise takes place between

both parties; but where the punishment of any offense is provided less than 10 years,

criminal law considers it as bailable one. Non-cognizable nature of the offenses has

further facilitated compounding of offenses under the PAWPA. Police cannot arrest the

accused without prior permission of the concerned magistrate, even in the offense of


Wanni/ Swara. Another remedy lies is in filing of direct complaint before the magistrate.

The cumbersome procedure provided in complaint cases may result in slow disposal

leading to disappointment of victims. Furthermore, victim is required to produce

witnesses before magistrate as required in Cr.P.C and Qanun-e-Shahadt Ordinance

(Q.S.Ord ). In view of the above, the procedural laws like Cr.P.C and Q.S Ord are not

supportive in terms of speedy redressal of the grievances listed under PAWPA.

7- The said law can neither deter nor prevent the happening of the offenses because F.I.R

cannot be registered under the PAWPA. There is no arrangement to check the preparation

or to mobilize the law on apprehension of the offense.

8- It is observed that beneficiary of all the prohibited customary practices listed in PAWPA;

is a male. Whether it is Wanni/Swara to settle disputes of men or depriving women from

inheritance to keep the property for economic gains or marriage with Quran not to allow

property to go out of the family or forced marriage to satisfy male chauvinism; against all

these banned practices, a strong resistance has been found to be present about this law

from the males.

9- Implementation of this law is also more challenging because of the prevalent patriarchal

mindset of law enforcement authorities. It may eventually be the case that relatively few

convictions would be sustained under this new law. One should also be mindful of the

fact that the said law has been promulgated to check the harmful traditional practices

being observed in society against women folk, therefore, this law will take time to take

roots.

10- State alone cannot bring about change in society. State can provide a forum and

mechanism only; primary responsibility rests with activists, media and CSOs, who can

help to bring material change in society through persistent efforts.

11- It has been determined in response to the question at XV1 (B) (f) that whenever the

institutional response (even under old legislation) was supportive the victims were

apparently satisfied about the redressal of their grievance.

12- Present traditions in society restricts the economic empowerment of the women as this is

evident from the fact that majority of the victims contacted were relating to the offense

concerning deprivation of inheritance. This amounted to be a major barrier in the

economic empowerment of women.


13- A good practice on the part of The Government of Punjab for protection of right to

property, in general, and for women’s right to property, in particular has been reported.

Noticing that rights of the female heirs are not properly safeguarded due to existing

lacunas in the laws and rules governing land administration. Therefore, inheritance

mutation for partition of the property has been made mandatory through amendment in

the relevant law. Now upon death of a land owner, proceedings for inheritance mutation

would be started by the Revenue officer forthwith. People’s perception regarding

women’s rights of inheritance needs to be changed through holistic advocacy approach.

14- The laws governing Christian family matters are provided by the Christian Marriage Act

1872 that has only been amended once on procedural matters in 1976. These laws need to

be amended and measures taken to ensure that legislation in the name of the majority

religion does not override community laws, in keeping with Article 227 (3) of the

Constitution that protects the personal laws of the minorities.

15- In India Hindus have recourse to Indian Marriage Act 1955.However, in Pakistan, issues

of marriage are dealt under the customary law and no law exist for registration of

marriages and divorce matters and the prevailing laws on inheritance are inadequate to

meet the challenges of the time.

16- Due to absence of codified laws relating to marriage and inheritance, women from Hindu

community may not be able to avail the relief provided in the recently passed legislation;

therefore, it is direly needed to bring legislation on the above mentioned issues.

17- After passage of the 18th Amendment, relationship between the Federation and Provinces

has changed. Now women, marriage, family and children have become provincial

subjects to initiate legislation, and policy or administrative initiatives. Therefore,

campaigns to have a law on domestic violence should be started. It is pertinent to mention

that in KP, a bill introduced on domestic violence (DVB) has been referred to the

provincial parliamentary committee for vetting. Situation of DVB in Punjab is in

doldrums, hanging between the women department and social welfare department.


RECOMMENDATIONS

he above arguments can be encapsulated in the following recommendations for effective

implementation of the laws and to plan for the advocacy action to be the primary pillar

for NCA future interventions;

S.No Recommendations Responsible Actors

a) Although awareness is rising at all levels — including the state

institutions, there is need to change mind-set especially relating to

the acceptance of woman as an equal and productive member

.Society at large should be capable of encountering prohibited

practices. Women be empowered through basic education, and

awareness on their rights, so they can fight for their own legal

rights.

Government

NCA & Implementing Partners

NGOs Media

b) Dedicated trainings of the implementing partners for raising their

level of awareness and understanding of the PAWPA and

procedural framework involved under this law should be arranged

for their capacity building.

NCA

c) Regular training for judges and police personnel as well as of

lawyers to familiarize them with new laws, government policies

and steps taken to eliminate discrimination against women be

arranged.


Government

High Courts

Judicial Academies

Bar Associations

Police Academies

d) Regular newsletters and publications containing information on the

pro-women legislation in Urdu and local languages be prepared and

distributed among the police officials, lawyers, judges and CSOs to

get them familiar with the updates and successful cases when relief

NCA Media Implementing Partners

T


has been provided.

e) Section 310-A be amended to the following effect; “Where a court

passes an order under subsection (1), it shall immediately send a

certified copy of such order, within seven days of passing such

order, each to the female victim and the concerned Family Court

where the female victim ordinarily resides declaring the marriage

as dissolved”.

Federal Government

CSOs

f) A legal aid system be established to provide support and guidance

for the battered women for getting the legal remedy and forum to

approach.

Government NCA & Implementing Partners

NGOs Bar Associations

g) A community led system of reporting of violence cases may be

established by the implementing partners. It has been observed that

victims of gender based violence do not have the requisite level of

education and understanding about the forum to approach. The

development of a support system at the community level will not

only help the victim to approach right forum but also change the

attitude of the society against gender based violence.


NGOs

Government

h) It is imperative for the respective Government to maintain accurate

and complete data on gender issues. The Gender Crimes Cell in

National Police Bureau should be strengthened for data capturing

on gender based violence; particularly offence committed under the

women specific laws. Offices of the D.P.O and of D.S.J at district

level should have a system to maintain data relating to the cases

brought under the PAWPA for proper monitoring.

National Police Bureaus PPOs District Judiciary

i) Capacity building of law division on gender sensitivity during

vetting of relevant legislation.

Government Donors NGOs

j) In patriarchal cultures, men are the rulers, projects aimed to

eradicate gender based violence and protecting women’s rights

must target them explicitly. Programs, at the local level be

Government NGOs Media Political Leaders


organized, in which boys and men of enlightened mind be

encouraged to speak about women’s rights and advancement in life.

k) Legal support to the National and Provincial Assemblies standing

committees to analyze the pro –women draft legislation for its

comprehensiveness from gender lens.

Government Donors NGOs NCA & Implementing Partners

l) The enhanced role of Civil Society Organizations (CSOs) has been

acknowledged globally. NGOs are well placed to forge links with

communities and households, and can interact between State

institutions and citizens. Strengthening civil society networks,

especially in rural areas, will enhance the capacity of NGOs and

activists to raise awareness, develop good practices. Regular

interaction between civil society and legislators should be formally

institutionalized through the women’s caucuses and Parliamentary

Standing Committees through direct contact and remote links by

regularly providing pro-women publications on best practices to

women parliamentarians. It will help in gender sensitization of the

female parliamentarians and for introducing comprehensive

legislation on women’s issues.

NCA & Implementing Partners Women Parliamentary Caucus at Federal and Provincial level NGOs

m) NCA & partners should launch a massive campaign of awareness rising on the existing laws of the minorities at the district level. Likewise, a study is required to unearth the minority community related legislations for improvement of the current status of women from religious minorities.

NCA & Implementing partners

n) The personal laws of Christian Minority should be reviewed in consultation with its members in order to bring them in line with the Constitution and according to their religious beliefs and grounds realities. Similarly, special legislation on matters of marriage registration, divorce and inheritance of the Hindu Community is required to address their grievances. Women representing religious minorities should be included in the process of review of the laws. The political leadership of the minority community may be supported to introduce draft legislation

NCA & Implementing partners NCSW Political Leadership of


covering marriage and divorce matters in the parliament already prepared by the NCSW. Furthermore, laws to provide legal coverage for minority women inheritance also be worked upon.

the Minority Community

o) Government should be supported to extend scope of existing personal laws of the minority community to areas of PATA and FATA.

Government CSOs

p) The local religious scholars be asked to speak about the women’s right to inheritance, condemning forced and child marriages and marriages with Quran in their khutbas ( religious sermons)

NCA & Implementing Partners CSOs

q) For marriage registration NIC of the parties be made compulsory and to this effect a column in Nikah Nama (marriage paper) be inserted. No marriage be allowed to register without the NIC of spouses.

Federal & Provincial Governments

r) Only way to end underage marriages is to give children mandatory school education. Educating the families about the repercussions of early marriages could be the next step.

Federal & Provincial Governments CSOs

s) Shelter Homes for women victims of violence be established by providing counseling, medical aid, vocational training, education, and reintegration.

Federal & Provincial Govt. NGOs


BIBLIOGRAPHY

Aurat Foundation, Fourth Annual Report on VAW, 2011. Available at http://www.af.org.pk/PDF/ VAW%20Reports%20AND%20PR/PR/Press%20Release%202011%20%20English.pdf (accessed on December 10, 2012

Aurat foundation. “A Critical Appreciation of the Prevention of Anti-Women Practices (Criminal Law Amendment) Bill 2011”. Available at http://af.org.pk/PDF/Newsletters/nl%202011/NLE% 20English%20-37.pdf (accessed on December 15, 2012).

Child Marriage Restraint Act 1929.

Christian Divorce Act 1869.

Christian Marriage Act 1872.

Criminal Procedure Code,1889.

Govt. of Pakistan. Planning Commission. Pakistan, Millennium Development Goals, Report 2010, Islamabad: Centre for Poverty Reduction and Social Policy Development, 2010. Available at http://undp.org.pk/images /publications/mdgr2010.pdf (accessed on December 10, 2012).

Hindu Disposition of Property Act, 1916.

Hindu Inheritance (removal of Disabilities Act) 1928.

Hindu Marriage Disability Removal Act, 1946.

Hindu Married Women Rights to Separate Residence and Maintenance Act 1946.

Hindu Widow’s Marriage Act, 1946.

http://dawn.com/2012/03/26/superior-courts-focus-on-helping-swara-vani-victims/ (accessed on December 13, 2012).

Human Development Report 2011: Environmental Trends Threaten Global Progress for the Poor.

Human Rights Commission of Pakistan, Annual Report 2010.

Life on the Margins, a Study on the Minority Women in Pakistan by NCJP. Available at http://www.europarl.europa.eu/meetdocs/2009_2014/documents/droi/dv/811_lifemargins_/811_lifemargins_en.pdf (accessed on December 10, 2012).

Pakistan Penal Code, 1860.

PLD 1992 Supreme Court 385.

Protection against Harassment at work place Act 2010, & Criminal Law Amendment act 2010 (penalizing the offence in Pakistan Penal Code).

Qanune-Shahat Ordinance, 1984.

Shakir, Naeem, Advocate and Human Rights Activist. Interview by Riffat Butt Islamabad, December 11, 2012.

Succession Act, 1925.


The Constitution of Pakistan 1973.

The Prevention of Anti-Women Practices (Criminal Law Second Amendment) Act, 2011.

UNDP – “Sustainability and Equity: A Better Future for All”, Human Development Report 2011, New York: UNDP, 2011. Available at http://hdr.undp.org/en/reports/global/hdr2011 (accessed on December 10, 2012).

Weiss, Anita M. “Moving forward with legal empowerment of women in Pakistan” Washington DC: United State Institute of Peace, 2012. Available at http://www.usip.org/files/resources/SR305.pdf (accessed on December 15, 2012).

“Women’s Rights of Inheritance”, A Study by NCSW, Available at http://www.ncsw.gov.pk/prod images/pub/Right_of_Inheritence.pdf (accessed on December 15, 2012).


ANNEXURE

Annexure - A


Annexure - B

Interview Questionnaire for Lawyers/Judges/Police/Ulema/Clergyman/ Media/NGOs-Activists

Name Organization Designation Field of Expertise Working Experience Area/ city Date of Interview Contact details: Ph & Email Name of Enumerator

(Disclosure of any personal information by the interviewee is optional)

Note: Thank you for giving time from your busy schedule for this interview. The interview is conducted for study on “Lacunas in pro-women legislation “for Norwegian Church Aid (NCA). The objectives of this study are as follow: • Identify the short comings in the pro-women legislation • A plan of action developed with recommendations as to how these matters can then be rectified • Suggest actions to advocate the issues to help form legislations for religious minority women I will make notes of your answers but your name will remain anonymous. If I quote you, I will use broad categories to identify the information source.

Questions: 1- How many private organizations/entities are working in your area on issues of forced

marriages and protection of women inheritance and eradication of gender based violence?

2- In your opinion, what are the specific issues in the society which have been addressed under the following laws?

a) The Prevention of Anti Women Practices ( Amendment ) Act , 2011

b) Child Marriage Restraint Act 1929

c) Existing Christian laws on Marriage & Inheritance

3- In your opinion, how the above laws are preventing injustices in the society against

women folk?


4- In your opinion, is there any legal framework available to cover the Hindu marriage and

inheritance, if not, what do you suggest should be the proposed mechanism?

5- How far in your opinion, the procedural laws like Criminal Procedure Code (Cr.P.C), Qanun-e-Shahadat Ordinance etc, provide support system for the redressal of grievances of the victims under the laws reflected in Q No 2 ( a) . ( i.e. Anti Women Practices Act)

6. What is the level of awareness of The Prevention of Anti Women Practices Act, 2011 among the following:

A) Police

V good Good Fair poor don’t know

B) Judiciary


C) Lawyers


D) Ulema/clergy


E) NGOs/Activists


F) General public


G) Media


7. What is the level of awareness of Child Marriage Restraint Act 1929, among the

following:

A. Police V good Good Fair poor don’t know

B. Judiciary V good Good Fair poor don’t know

C. Lawyers V good Good Fair poor don’t know

D. Ulema/clergy V good Good Fair poor don’t know

E. NGOs/Activists V good Good Fair poor don’t know

F. General public V good Good Fair poor don’t know

G. Media V good Good Fair poor don’t know


8. What is the level of awareness of Christian Law of Marriage & Inheritance, among the following:

A. Police


B. Judiciary


C. Lawyers


D. Ulema/clergy


E. NGOs/Activists


F. General public


G. Media


9. What is the level of awareness of Hindu Law of Marriage & Inheritance, among the following: A. Police


B. Judiciary


C. Lawyers


D. Ulema/clergy


E. NGOs/Activists


F. General public


G. Media


10. In your opinion, The Prevention of Anti Women Practices Amendment Act, (PAWPA) 2011 is comprehensively covering the minority groups living in Pakistan, or not, particularly on issues of Forced Marriages & Deprivation from Inheritance?

10.A Is there any scope in PAWPA to cover cases of marriages after forced conversion?


10-B A section of PAWPA lays down, “Whoever coerces or in any manner whatsoever compels a woman to enter into marriage shall be punished with imprisonment of either description for a term, which may extend to seven years or for a term which shall not be less than three years and shall also be liable to fine Five hundred thousand rupees “, what should be the important elements of the concept of “Forced Marriages”?

10-C Can a marriage solemnized in contradiction to the provisions of Child marriage Restraint

Act is considered a “forced marriage?”

11. Are you aware of the complaints lodged (U/the Prevention of Anti Women Practices Amendment Act), in police station/ courts? Please give a brief account.

12. Have you filed/contested the complaints lodged (U/the Prevention of Anti Women Practices Amendment Act, 2011) in police station/ courts? Please give a brief account.

13. Is there any complaints lodged (The Prevention of Anti Women Practices Amendment Act, 2011) are pending in your court? Please give a brief account.

14. Do you have data base relating to the complaints lodged (U/the Prevention of Anti Women Practices (Amendment) Act, 2011) in (your or other) police station/ courts? Please give a brief account.

15. Do you have the knowledge of any conviction under the Prevention of Anti Women Practices (Amendment) Act, 2011 in your district/areas of operation? Give details

16. While deciding the offences under the above Act, is there any decision in which court has covered the aspect of dissolution of marriage? Please quote

17. Have you attended any training relating to the Prevention of Anti Women Practices Amendment Act, if so, please mention time and title?


18. In your opinion, is the Prevention of Anti Women Practices (Amendment) Act, 2011 equally effective for women from minority groups in providing relief in cases of forced marriages and deprivation from inheritance , if so, please mention?

18. B If not, what are the obstacles?

a) Religion Yes No b) Culture Yes No

c) Poverty Yes No d) Masculinity Yes No

e) Ineffective laws Yes No f) Unawareness Yes No

g) Cumbersome procedure Yes No

h) Non-availability of legal support Yes No

i) Any other, (please mention)

19. In your opinion what should have been the follow up actions by the federal & provincial governments relating to the legislation on the following for the effective enforcement :

20. What should have been done more to achieve the objectives of the pro-women legislation? Or how the gaps/lacunas in Prevention of Anti Women Practices Act can be rectified?

21. The objectives of the study are that :

a) To suggest advocacy action plan for the formulation of legislations for the improvement of the conditions of women from religious minorities. Please comment

b) On what issues being faced by the women from other faith, government should introduce legislation, please comment.

c) How Child Marriage Restraint Act 1929 can be improved? Please comment

A) Prohibition of Vanni/SWARA

B) Prohibition of Forced Marriages

C) Prohibition of Women Inheritance

D) Prohibition of Marriages with Quran


22. What are the best practices available in your area on part of government and community level/organizations to address the following issues ;

a) Forced marriages

b) Marriage with Quran

c) Vanni/SWARA

d) Depriving women from inheritance

e) Domestic Violence

f) Hindu marriages & inheritance

g) Christian marriages and inheritance

h) Child/ early marriage

23. After promulgation of Anti Women Practices act, what are trends of the following offences in your area?

A) Forced Marriages

Increased Decreased No effect Don’t know

B) Forced Marriages ( Minority women)


C) Depriving Women from Inheritance


D) Vanni/SWARA


E) Marriage with Quran


24. What are the litigation trends on the following issues : A. Forced Marriages


B. Forced Marriages ( Minority women)


C. Depriving Women from Inheritance


D. Vanni/SWARA


E. Marriage with Quran



Annexure – C

Questionnaire for study “Lacunas in Pro-women legislation” for Victims

Name Marital Status

Area Ph. No

Address

Name of Enumerator/Researcher

(Disclosure of any personal information by the interviewee/victim is optional)

Note:

Thank you for giving time from your busy schedule for this interview. The interview is conducted for study on “Lacunas in pro-women legislation “for Norwegian Church Aid (NCA). The objectives of this study are as follow: • Identify the short comings in the pro-women legislation • A plan of action developed with recommendations as to how these matters can then be rectified • Suggest actions to advocate the issues to help form legislations for religious minority women I will make notes of your answers but your name will remain anonymous. If I quote you, I will use broad categories to identify the information source.

Questions:

1- Category of Complaint (For Enumerators only)

a) Forced Marriage

b) Marriage with Quran

c) Deprivation from Inheritance

d) Vanni/Swara

e) Child Marriage

2- What is your specific complaint? State facts

3- Do you know that there is a law on the issue you are facing? If so, please specify

Yes No

4- How you come to know about this law?


5- Which forum did you approach for the grant of relief?

Police Court Lawyer

Ulema/Clergyman Leaders of Community NGO

6- Who helped you in approaching court?

Relative ( Specify ) Yes No Neighbor Yes No

Local Leaders Yes No Religious Leaders Yes No

NGOs Yes No Any other

7. What difficulties you experienced in accessing legal system

8- At what stage your case is?

9- Are you satisfied about the disposal of your case? if not, share the reasons

10. What should be done to help you for providing support in your case?

11- Did you also suffer from the physical or mental violence during the offence?

12- During your problem/grievance how was the behavior of the following people with you?

a) Police Co-operative Non-cooperative Misbehaved

b) Lawyer Co-operative Non-cooperative Misbehaved c) Judge

Co-operative Non-cooperative Misbehaved d) Family members

Co-operative Non-cooperative Misbehaved e) Community

Co-operative Non-cooperative Misbehaved f) NGOs Co-operative Non-cooperative Misbehaved


13- How to prevent this type of offence again?

a) Family support : Yes No

b) Awareness of the society Yes No

c) Support from Police Yes No

d) Support from legal system Yes No

e) Any other

14- What do you expect from the community to mitigate/curb this offence?

15- What do you expect from the government to mitigate/curb this offence?

NORWEGIAN CHURCH AID - Kirkens Nødhjelp · NCA Norwegian Church Aid ... Cr.P.C Criminal Procedure...

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Transcript of NORWEGIAN CHURCH AID - Kirkens Nødhjelp · NCA Norwegian Church Aid ... Cr.P.C Criminal Procedure...