When it comes to women’s rights in Pakistan, the key component that is missing is mass education of women on their legal rights. It is with this in mind that the Asian Development Bank initiated the Legal Literacy for Women project in Pakistan and Afghanistan.
Pakistan is especially interesting because it is one of the worst performers on gender equality despite having had a woman prime minister and sizeable representation in legislative bodies. In December 2019, the World Economic Forum ranked Pakistan at 151 out of 153 countries and sevent in the region. It is the social framework that have kept women out of the economic pie with only 18 percent of Pakistan’s labour income going to women. In terms of literacy only 46 percent of Pakistan’s women are literate as opposed to 71 percent men. It is estimated that 94.5 years are required at the current pace to close the gender gap in political empowerment. One of the key reasons was identified as the male dominated legal system, which becomes a tool for patriarchy that is inherent in Pakistan. 32 percent women in Pakistan have experienced gender-based violence (GBV) in some form or the other, usually from their close family members and intimate partners.
The project took on capacity building for judges and lawyers by compiling a compendium of case law, both in English and local languages. Training modules were designed to implement the existing GBV laws for stakeholders. Workshops were held on skills to respond to victims of GBV in an effective manner. A report was prepared on best practices and mediation skills. Courses were designed on women’s rights and laws pertaining to GBV and an innovative outreach programme was designed and implemented. The problem that the project identified was that women do not see any justice, even if they try to raise their voice. Their families and society either shun them or if they finally find courage to report the incident, they are violated all over again by the legal and judicial systems. This project attempted on providing an alternative way of thinking and positive awareness raising so women and other vulnerable genders can find their footing in the society.
For Pakistan this is a very important intervention. As mentioned above Pakistan needs to do something drastically different to quicken the pace with which it is closing the gender gap. Pakistan’s economy is in shambles precisely because half its population is marginalized both socially and economically. 94.5 years is too long a time to close the gender gap when already 40 countries in the world have achieved gender parity. This gap also has to do with the pitiful access to justice that women face. Those countries have leapt ahead and Pakistan has no hope of catching up unless something drastic is done. Greater women literacy and greater awareness of their legal rights would be key to ensuring the lag women have been forced into can end, and it will not only rectify injustice faced by women but also lead to a just and equitable society where economic progress can be achieved. The patriarchal mindset needs to be challenged which keeps women backwards and invisible in what is a conservative society. Without this Pakistan is likely to remain in shackles of patriarchy, which in turn thwarts its economic progress by putting numerous roadblocks in its way.
The cases here are fast tracked through modern techniques in evidence collection as well the alacrity with which such cases dealt in a fast docket. The Chief Justice of Pakistan also took note of this and the need for such courts in over 100 such courts in districts all around Pakistan was made part of the National Judicial Policy.
Therefore Irum, a former private sector corporate lawyer who had made a transition as a public sector development lawyer, led this important intervention. She convinced the Asian Development Bank (ADB) by showing them that without women’s inclusion in the economic and social life of a country no progress would be possible. The ADB is largely an infrastructure bank but Irum convinced them that without the women the infrastructure would benefit only 50 percent of the population. To her personally this meant that she could make a difference in lives.
This also required substantially that the project be important because it is addressing the causes of violence by educating legal and judicial service providers to women. Irum says that this was achieved by emphasizing the dignity of humans in Islam, society, law, and practice. She says that women in our region have been suffering violence because both women and men believe that women are sub-humans, made for men, and a source of honour. She emphasizes that this is not just a women issue but is a human issue for without women’s participation, there can never be any progress. The scope of the programme was eventually widened to include transgenders as well because that is another segment of society that is marginalized. Finally it encompassed the rights of children who are often abused in our society.
To its dismay the programme team found that majority of the judges (including women and men) said that (i) 90 percent of rape cases are false; (ii) when they said khula law is damaging sanctity of families, (iii) when they said that past conduct of a women and the way she dresses and speaks are relevant in deciding a rape case.
This mindset itself is responsible for the horrible treatment meted out to the women in courts. Women do not see any justice, even if they to raise their voice. Their families and society either shun them or if they finally find courage to report the incident, they are violated all over again by the legal and judicial systems. The Program Team asked the judges and prosecutors some pointed questions: (i) why do they think the way they think today? (ii) They are the product of the same society and hence, they have unconscious biases, even if they think they don’t because they are upholding justice; (iii) they have been influenced by gender biased upbringing, education, professional attitudes, media, and misinterpretation of religion and because of bigoted customs.
During these discussions the judges and prosecutors were sensitized to some key issues. Some of the key discussions revolved around the anatomy of a woman who has been raped and how the two-finger test is not efficacious in determining rape, because a wife could also be raped and so could a prostitute, essentially driving home the point that any non-consensual sex is rape. These judges and prosecutors were introduced to an alternative way of thinking and a new vocabulary emanating out of law, human rights and best practices that revolve around rape and GBV.
Accordingly 300 judges and prosecutors were trained in Pakistan and working with the Lahore High Court Chief Justice, a special model court was created in Lahore for GBV. This was the first of its kind in Asia. Features such as a screen for the victim, provision for e-evidence using the tech and special facilitation for women with children, were added as mandatory part of the court structure. Procedure was also simplified to ensure that there was no miscarriage of justice on account of unnecessary delays. As a result convictions have gone up in rape cases from 2 percent to 16 percent, which is a major achievement, given the recent horrific incidents of rape in Pakistan. The cases here are fast tracked through modern techniques in evidence collection as well the alacrity with which such cases dealt in a fast docket. The Chief Justice of Pakistan also took note of this and the need for such courts in over 100 such courts in districts all around Pakistan was made part of the National Judicial Policy.
Irum says that this could not have done without the help of the stake holders especially the Chief Justice of Lahore High Court and district officers.
Similarly in Afghanistan over 100 prosecutors and judges were trained for capacity building especially with respect to GBV. The outreach was in the remotest of areas in Afghanistan despite security threats. It was an award winning initiative. As a result, Technical Assistance team won 2018 Financial Times Most Innovative In-House Legal Team Award and Innovation in Rule of Law and Access to Justice Award; ADB’s 2019 Governance Award for Outstanding Knowledge Sharing and Collaborative Initiatives; and 2017 ADB’s Vice President Award for Exceptional Contributions to the Law and Policy Reform Work.
