The society in which we are living is based on the Islamic teachings. Every affair of an individual has been dealt with according to the practices bestowed by the Quranic injunctions. A unique attribute of our society is the creation, prevention, and maintainability of the family system. Everyone is divided based on the genesis of his historical background. The constitution of Pakistan in 1973 honored the family system and extended its support under Article 35. It reads, “The state shall protect the marriage, the family, the mother, and the child.” As a fundamental social unit, the family comprises men, women, and their children connected by blood, love, and affection. As required components, women and children deserve equal care and respect, if not exceptional. Anything lesser or discrimination would collapse the building of a family in a society.
Despite precise and concise provisions in the constitution and other unique legislative acts for women and children, the state failed to protect these sensitive segments of society. The ineffectiveness of the state organs and the failure of the judiciary to implement their verdict pushed many women and children to that corner of society where they could hardly be believed as humans. The curse of child and women’s abuse in Pakistan displays no signs of decreasing. The report of Sahil, a local NGO, published in DAWN newspaper reads that “12 children were sexually abused daily in the first half of 2023; a total of 2,227 youngsters were preyed on, of which 54pc were girls; and 74pc of incidents were reported from Punjab. It also revealed that strangers were implicated in 498 cases, whereas in 912 instances, the abusers were acquaintances.”
Provisions of Law Concerning Children
All children are prone to discrimination in Pakistan regarding their safety. The recent death of a 10-year girl (Fatima) working in a Pir’s ‘Haveli’ in Khairpur, along with the video of her squirming in pain to the child housemaid hired by a civil judge who had her bones broken and wounds on her head, face, and body received by judge’s wife are embarrassing for Pakistan. A clarifying article named “The Dismal State of Child Rights in Pakistan,” written by Justice (R) Ali Nawaz Chowhan, who was a chairman of the National Commission of Human Rights, penned that Pakistan has been placed at the low position of 154th out of 182 countries in the global ranking on child rights. He added that around 90% of the 170,000 street children in Pakistan are subjected to the sex trade, and it is estimated that only 20% of the sexual abuse cases are reported. 60% of young victims accuse the police of being the perpetrator. These sad affairs of the state can only be fixed with the help of a spirited justice system. The judicial precedents serve as a ray of hope in worse times. The recent judgment of the Supreme Court of Pakistan in the case bearing citation 2023 SCMR 413 emphasized that the state is under obligation to safeguard the rights of the children mentioned in the United Nations Convention on the Rights of the Children (UNCRC) 1989. It also put forth that whenever a child interacts with the judicial system, its approach should be cooperative, facilitative, and child rights-based. Another Lahore High Court benchmark judgment reiterated, “Mother and Childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.” PLD 2023 LHR 416
In Pakistan, there are several provisions of law we must know that are aimed at safeguarding the well-being of children. These provisions cover many areas like education, health, child labor, and juvenile justice. Through these laws, we can seek justice for the intruded rights of our children. The provisions include:
- Constitution of Pakistan (Article 25-A, Article 25 (3))
- Juvenile Justice System Ordinance 2000
- Child Marriage Restraint Act 1929
- Bonded Labor System (Abolition) Act 1992
- Employment of Children Act 1991
- Protection of Women (Criminal Laws Amendment) Act 2006
- The Punjab Destitute and Neglected Children Act 2004
- Khyber Pakhtunkhwa Child Protection and Welfare Act 2010
- National Commission on the Rights of the Child Act 2017
- The Sindh Prohibition of Corporal Punishment Act 2016
- Punjab Free and Compulsory Education Act 2014
- Punjab Prohibition of Child Labour at Brick Kilns Act 2016
- Islamabad Capital Territory Child Protection Act (XXI of 2018)
Law Provisions Concerning the Rights of Women
Every state guarantees rights to women the same as men. Pakistan suffers the most, though it has various laws favoring the feminine. They are hopeless as society has already decided their fate by restricting them to their homes and imposing self-created “Norms.” In many countries, laws, policies, customs, and traditions defy women’s and girls’ rights. For instance, the women cannot dress as they like in Saudi Arabia and Iran, work at night in Madagascar, or take out a loan without their husband’s signature in Equatorial Guinea. The struggle to empower women is an ongoing process where hundreds of women and girls take to the streets demanding human rights and gender equality. In the USA, Europe, and Japan, women protested against misogyny and abuse as part of the MeToo marches. In Argentina, Ireland, and Poland, women demonstrated to demand a stop to oppressive abortion laws; in Saudi Arabia, they called for an end to the driving ban, and in Iran they demanded an end to forced Hijab.
We, as Pakistanis, are not behind in exploiting women’s rights. According to the Human Rights Commission of Pakistan, the percentage of women encountering domestic violence ranges from about 70-90 percent. The research conducted by Bustamante-Gavino on health professionals in Karachi showed a staggering picture of 97.5% of women facing verbal abuse. It was documented that 80% of women experienced beatings by their husbands, whereas 57.5% from their in-laws. The by-product of such abuses is depression, fear, anxiety, low self-esteem, sexual dysfunction, eating problems, obsessive-compulsive disorder, and post-traumatic stress disorder in women. There are countless forms of brutality, including Honor Killing, Domestic Violence, Acid Attacks, and Sexual Violence, including rape, Women Trafficking, Girls as Compensation, Forced Marriage and Child Marriage, and Female Genital Mutilation and Cutting (FGM/C).
After noticing the price of our past silence over such breaches, the Honorable Courts laid stress on respect and dignity in several judgments. The court decreed by quoting Carol Bellamy, a US-based politician, that “Women and Girls are the keys if we fail them. We fail their children, we fail their communities, and we fail the very idea of human progress.”(PLD 2023 LAHORE 416)
The constitution urged a woman’s right to dignity under Article 14. It is an absolute right and not subject to law. Dignity means human worth. No life is dispensable, disposable, or demeanable. Every person has the right to live, and the right to live means the right to live with dignity. A person should live as a ‘person’ and no less. Human dignity hovers over our laws like a guardian angel. PLD 2023 LAHORE 171
We have plenty of laws dealing with the protection of women, which include:
- Protection against Harassment of Women at Workplace Act 2010
- Acid Control and Acid Crime Prevention Act 2011
- The protection of Women Against Violence Act 2016
- The Criminal Law (Amendment) Offences in the name of pretext of Honor Act 2016
- Protection of Women Act 2006
- The Punjab Protection of Women Against Violence Act 2016
- The West Pakistan Rules under the Dowry and Bridal Gifts (Restriction) Act 1960
- The Muslim Family Laws Ordinance 1961
- The Prevention of Anti-Women Practices Act 2011
- Punjab Marriage Restraint (Amendment) Act 2015
- The National Commission on the Status of Women Act 2012
- The Sindh Child Marriage Restraint Act 2013
- Article 25(3) and 26(2) of Pakistan’s Constitution
In conclusion, the issue of violence against the rights of children and women, including the implementation of laws regarding them, is a profoundly concerning challenge that demands urgent attention from all the stakeholders of the state. It should show that it has a heart that beats for the denied segments of society.
