Pakistan Press On Rape and the Law in Pakistan, Dr Abdus Salam and 1971 War: New Age Islam's Selection, 16 December 2020
By New Age Islam Edit Desk
16 December 2020
• Rape and the Law in Pakistan
By Syed Ali Zafar
• Tribute to Dr Abdus Salam
The Dawn Editorial
• From 1971 To 2021
By Javed Jabbar
• A Change Without Women?
By Shakeel Ahmed Shah
• New Year Wishes For Pakistan
Frank F Islam
• The Lost Future Generation Of Africa
By Arhama Siddiqa
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Rape and the Law in Pakistan
By Syed Ali Zafar
December 16, 2020
Human right activists
march during a protest against an alleged gang rape of a woman, in Lahore on
September 12, 2020.
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In a previous column (‘Reform the System’, Sep 18) on these
pages, I had stated that severity of punishment alone does not stop criminals
from committing sexual crimes; the real effective deterrent is the high
probability that the culprit will be caught, prosecuted and punished.
There are serious flaws in our criminal justice system where
culprits are either not caught as assaults go unreported or, if caught, are not
convicted leading to a feeling of impunity amongst criminals. The public was
already tired of the inaction by successive governments. For the prime
minister, who was already concerned, the Sialkot Motorway Incident was the
final straw which eventually led him to publicly promise legal reforms. In the
subsequent discussion, of which I was a part, the prime minister laid down the
foundations for a proposed law to address the core problems of the criminal
justice system regarding sexual offences, ensure certainty of conviction by
improving procedures of investigation and trial while also providing victims
and their families legal aid, counselling and compensation.
Keeping in view these aims, it was important to bring a law
which is simple and practical and not one which creates bureaucratic hurdles
and complicates the process. Does the latest Anti-Rape Ordinance fulfill these
objects?
First, thanks to Minister Human Rights Shireen Mazari, the
definition of ‘rape’ has been made comprehensive to include acts which were not
previously covered -- failure to physically resist an act of ‘rape’ does not
mean ‘consent’, the archaic vaginal test of the victim has been prohibited and
sexual offences against transgender persons can also constitute rape.
The problem with the system has been that the conviction
rate in sexual offences in Pakistan is one of the lowest in the world and the
principal reason for that is failure of investigation and faults in the
medico-legal reporting procedures. To address this, the latest law provides
that serious sexual offences shall now be investigated by a Joint Investigation
Team headed by a DPO and comprising one woman, while Special Crisis Cells
headed by the DC and comprising Medical Superintendents will ensure immediate
medico-legal reports and secure collection of evidence.
Lacunas in prosecution and court proceedings have been
addressed by providing for the appointment of prosecutor-generals, special
prosecutors and legal aid to the victims, and specifying that sexual offences
will be tried by Special Courts mandated to complete the trial within four
months.
In the past, the lack of victim/witness protection meant
that criminals were able to force victims/witnesses to retract statements and
ensure acquittals. The law addresses this by providing special security
arrangements for victims/witnesses, concealment of their identities, recording
of testimonies through video-conferencing and availability of victim/witness
protection programmes. In addition, initial statements of victims/witnesses are
to be video-recorded and preserved while their cross-examination is only
through counsel.
We saw in the Sialkot Motorway incident that the police do
not take any action for crime prevention if the offence is committed outside
their territorial jurisdiction. The law now provides that police officers are
bound to act immediately upon receiving information of any sexual offence
irrespective of the area. NADRA is also mandated to prepare and maintain a
register of sexual offenders.
Notwithstanding these steps, the law has been criticized in
print/social media. One objection is that the government, instead of an
ordinance, should have presented a Bill before parliament. I agree that
ordinances are not the ideal solution, and it is parliament only which should
make law after full debate. However, the circumstances in which the Anti-Rape
Ordinance has been promulgated are unique.
First, owing to the rising tide of sexual offences against
women and children, a loud and clear message had to be sent to the public that
the government is serious about tackling such crimes. Second, owing to the
prevailing political situation, it is extremely difficult to pass laws through
parliament, and this required immediate action. Third, an ordinance has a
limited life under the constitution and eventually this law too will have to go
to parliament. The ordinance hence acts as a catalyst for this important law.
However, I agree that the promulgation of ordinances as substitution for law is
to be discouraged.
Another criticism relates to the punishment of chemical
castration which has been introduced as a deterrent. Many believe that this is
unconstitutional. The objectors have failed to notice that this punishment is
voluntary, and the court can only give this sentence if the convicted person
opts for this in lieu of reduction in sentence. I believe that this would not
be deemed to be violative of any fundamental rights.
A third objection is that the issue is not one of law but
its implementation. I agree that ultimately all laws fail if they just remain
on paper. The law therefore still admittedly contains some gaps in this regard.
For example, in the matter of appointment of grievance committees and rule-making,
the government has been excluded leaving decision-making at the ministerial
level and, hence, the concept of collective responsibility, as laid down by the
Supreme Court, has been avoided.
The law does not provide for the training of investigating
and medical officers, prosecutors and the courts to sensitize and enhance their
capability to deal with matters of sexual crimes. The other ‘cracks’ that need
to be fixed are the compulsory involvement of female investigating officers and
judges (currently the law states that the investigators and judge may
“preferably” be female) and more responsibility for providing financial
assistance and support mechanisms for victims needs to be put on the
government. Similarly, the registry of sexual offenders must be made compulsory
and the police must be assigned the obligation to report such convictions to
NADRA. I am sure these changes will come when the matter is debated in
parliament.
Last but not the least is to change the mindset that
‘shames’ victims. No law can change society’s attitude to social crimes or
eliminate rape culture. The government too can only create more awareness,
which it should be doing, but the responsibility lies upon the educated class
to play an active role so that sexual offences are reported and the
effectiveness of this law too is not nullified.
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Syed Ali Zafar is a Supreme Court advocate, former
federal minister for law and former president of the SCBA.
https://www.thenews.com.pk/print/759193-rape-and-the-law
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Tribute to Dr Abdus Salam
The Dawn Editorial
16 Dec 2020
IN a fitting tribute to a trailblazer in the field of
theoretical physics, the British government has declared the London residence
of Pakistani scientist Dr Abdus Salam a national heritage site.
Today, a distinctive blue plaque can be seen outside his
home in Putney — a symbol in the UK that formally commemorates the link of an
influential person to a location. Indeed, the late Dr Salam is in excellent
company, as prior recipients of the blue plaque include Charles Darwin,
Rosalind Franklin and Alan Turing — all outstanding personalities in the world
of science and respected internationally. But sadly, while the UK and many
other countries pay homage to the incredible contributions of their scientists,
in Pakistan, the home country of Dr Salam, this blue plaque will not prompt
celebrations.
It is one of the biggest tragedies of our times that we as a
nation ignore and even revile a personality like Dr Salam, who is considered
one of the greatest scientists of the 20th century.
The first Pakistani to win the prestigious Nobel Prize and
the first Muslim to win one in the sciences, Dr Salam is conspicuously missing
from our history books and school lessons. The movement that for decades has
forced so many from the minority Ahmadi community out of Pakistan has built
such a strong and lethal structure of hate that it leaves little room even for
those in power to acknowledge the extraordinary achievements of a gifted
scientist.
In the West, Dr Salam is recognised for the landmark
scientific milestones he and his colleagues achieved in the theory of
fundamental forces; however, at home, no government official would dare to
acknowledge his greatness — let alone welcome the blue plaque that has now been
installed outside his residence in London. The silence surrounding this
development cements Pakistan’s position as extremely poor when it comes to
religious freedom. For a government that prides itself on being an unwavering
voice for religious minorities everywhere, such instances are a test case for
measuring tolerance at home.
https://www.dawn.com/news/1596040/tribute-to-dr-salam
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From 1971 To 2021
By Javed Jabbar
16 Dec 2020
DEC 16, 2020, marks 49 years since the break-up of the
original Pakistan. Factors and conditions that crystallised in the 24 years
between Independence and the separation of East Pakistan are viewed through
multiple lenses in post-1971 Pakistan, though there is virtual unanimity on
India’s role in ensuring the break-up.
When civil war erupts within a nation state, there is
divergence, post facto, on how the causes of war and its outcome are viewed by
different segments within that state. Even when civil war does not result in
the break-up of a state eg the US in 1861-1865, over 155 years later, there is
lack of unanimity on history. Statues, flags and other content representing the
losing side (the southern states) abide in 2020.
So the lack of consensus in Pakistan in 2020 is not an
exception. In our case, the trauma was greater. Unlike the US civil war’s
aftermath, Pakistan’s original structure was greatly denuded. The original
structure was the most awkwardly constructed, vulnerable framework of any nation
state ever created. Two wings with approximately equal populations were
separated from each other by 1,000 miles of hostile territory. Unlike the US
experience, Pakistan’s hostile neighbour played a pro-active role by invading
the sovereign territory of East Pakistan on Nov 21, 1971.
Pakistan’s official narrative expresses deep regret at the
tragedy. There is also a reluctance to revisit that year and acknowledge harsh
truths about the excesses against Bengalis suspected to be secessionists or
Indian agents. Cruel excesses were also committed against non-Bengalis,
particularly onward of March 1, 1971. It is assumed it is better to forget the
unpleasant past, and look to the future because reviving the debate on
responsibility and accountability will open up new schisms.
But sections of the academia, media, civil and political
society in Pakistan think Pakistan owes an unqualified apology to the people of
Bangladesh for the 1971 killings. They believe that expressions of regret by
prime minister Z.A. Bhutto and Gen Musharraf during their respective visits to
Bangladesh were not enough.
Yet it is pertinent to recall what happened when, less than
three years after Bangladesh’s birth, Bhutto visited Dhaka in June 1974. He
received a tumultuous welcome. The “frenzied enthusiasm” was all the more
remarkable because he was seen by many as a major cause of the 1971 crisis.
J.N. Dixit, Indian high commissioner in Bangladesh later
recorded his eyewitness account in Liberation and Beyond: Indo-Bangladesh
Relations. He was disturbed by the slogans against India that Shaikh Mujib
raised on the streets during the welcome for Bhutto and the vandalisation of
the Indian flag on his car.
However, in the past 10 years, the Awami League has invested
enormously in promoting the demonisation of the Pakistan Army in particular.
Through grossly unfair show-trials and executions of some people accused of
collaboration, through diatribes in discourse, two generations of Bangladeshis
have been given a biased view of Pakistan.
2021 is an opportunity for Pakistan’s political and military
leadership to revisit attitudes to 1971. The truth that the conflict was an
attempt to preserve state unity and not a wilful assault on the Bengali people
can be reiterated. With military institutions such as NDU in recent years
enabling discussion on sensitive issues, an attempt can be made to build
consensus between the civil and military spheres on a shared narrative.
Simultaneously, efforts should be made on diplomatic and civil society levels
to enhance and broaden the dialogue with Bangladesh for a new impetus in ties.
A possible exchange of apologies, with Pakistan being the first to offer one,
could break the impasse. A reciprocal acknowledgment from Bangladesh could
follow, either soon, or somewhat later.
An apology for excesses will not demean the courage with
which the outnumbered, under-supplied Pakistani troops defended the country.
There were only about 34,000 combat soldiers out of about 45,000 troops
deployed. They faced about 250,000 Indians and about 150,000 Mukti Bahinis.
Even Indian field marshal Manekshaw recognised “the gallantry of Pakistani
troops”. Even if there is no reciprocal apology from Bangladesh for the
killings of thousands of non-Bengalis, the onus will shift.
For two of the world’s most populous Muslim states, fellow
nations of South Asia, 2021 can herald the start of a new future in bilateral
relations. Through enhancement of modest existing exchanges, which include
limited military contacts, through a new activism in culture, arts, trade,
academia, media, civil society and sports, the sohni dharti of Pakistan and the
sonar Bangla of Bangladesh can create a new fusion of soils and souls, a new
vision for a fraternal future.
https://www.dawn.com/news/1596044/from-1971-to-2021
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A Change without Women?
By Shakeel Ahmed Shah
December 15, 2020
Various dominant groups have long been the creators of
political elites. Scholars like Reynolds and Taylor-Robinson argue that women
have usually assumed fewer positions in cabinets, and those they have been
appointed to are mainly of “feminine characteristics and lower levels of
prestige”. These scholars have drawn these conclusions based on historical
analysis of cabinet formations.
There are other scholars like Francesca Borrelli who observe
that over the time, many countries have felt this motivation to have cabinets
closely resemble the represented population and many leaders championed a
“balanced” cabinet of men and women ministers in the 21st century. Leading
among these leaders in the first decade of the 21st century were Spanish
premier Jose Luis Rodríguez Zapatero who had parity cabinets in 2004 and 2008;
and Michelle Bachelet, the Chilean president.
It is the need of the time to move away from traditional and
conventional ways of cabinet forming and give proper representation to women. A
good response was given by Justine Trudeau in 2015 when a journalist asked for
the reason of having a huge number of women in his cabinet. Trudeau had
responded: “Because it is 2015”.
Now it is 2020, but it seems that the Pakistani political
arena has not yet realised, let alone internalise, the global drive for gender
party. The presence of women in opposition rallies nowadays is visible, as some
prominent leaders of Pakistan Development Movement (PDM) are women, yet it does
not satisfy the need to have women in policymaking positions. The incumbent
government of Imran Khan, which came into power owing to its popular slogan of
“change”, also proceeded without including women.
A quick glimpse of cabinets in the country’s assemblies
depicts a very saddening scenario. In the federal cabinet, only three out of 27
federal ministers are women. It is interesting to see that the number of female
parliamentary secretaries is far more (14 out of 36). This fact supports the
argument that women are allocated lower levels of “prestige positions” in
cabinets, as parliamentary secretaries are not as powerful as federal
ministers. In Punjab, only three ministerial portfolios have been given to
women and only two in Sindh. The worst case is in Balochistan,
Khyber-Pakhtunkhwa and the recently formed cabinet in Gilgit-Baltistan where
not a single woman minister exists.
This issue prevails in many developing countries. Academics
and politicians have come up with different ideas. Based on the idea of
“descriptive representation” i.e. like represents like, quota systems were
tried in Lesotho, Argentina and India. The results are mixed, but broadly the
impact on women representation and subsequent empowerment is tremendous.
In India — which is closer to Pakistan in the context — by
focusing only on one identity i.e. gender, the second identity (social class,
religion or race, etc) may further reduce. A careful and more comprehensive
quota plan can, however, ensure representation of gender groups, across class
and race.
It is noteworthy that the proponents of liberal democracy do
not support electoral gender quota as they see it against the principle of
liberal democracy. But in countries like Pakistan, where conditions for women
are not like those for men, a gender quota can help make democracy more
inclusive.
The current government is experimenting with many
initiatives. An initiative to include more women in cabinet on a quota basis
cannot be worthless. This is a significant area the government needs to focus
on, to ensure that the “change” it wants to bring about does not exclude this
very important segment of society.
https://tribune.com.pk/story/2276097/a-change-without-women
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New Year Wishes for Pakistan
By Frank F Islam
DECEMBER 16, 2020
As we enter the holiday season and approach the new year, I
want to take this opportunity to extend my heartfelt best wishes to and for
Pakistan and Pakistanis. Because of Covid-19, 2020 has been a trying year. We
have all had to try harder.
We have done so across the board and it is paying off.
Vaccines are now being distributed in the U.K., the U.S. and in other countries
and will soon be distributed in Pakistan.
That is a reason for hope and to be of good cheer as we
enter the holidays. I am confident that we will have many other reasons for
hope and good cheer in 2021.
That said here are my wishes for Pakistan and Pakistanis
for:
* The upcoming holiday of Quaid-e-Azam Day
* The Pakistan national and religious holidays to be celebrated
in 2021
* The issues that are confronting Pakistan domestically
* Pakistan in the South Asian region,
* Pakistan’s relations internationally.
My wish for Quaid-e-Azam Day, the birthday of Mohammad Ali
Jinnah, the founder of Pakistan on this December 25, is that we remember two
things that he told us:
* The first is, “With faith, discipline and selfless
devotion to duty, there is nothing worthwhile that you cannot achieve.”
* The second is, “No nation can rise to the height of glory
unless your women are side by side with you.”
My wishes for Pakistan’s national holidays in 2021 are as
follows
* For Kashmir Solidarity Day, I wish that the opening of the
Karpartur corridor facilitates conciliation and collaboration to replace the
combat and conflict in Kashmir
* For Pakistan Day, I wish for a parade of peace with
citizens locked together arm in arm to demonstrate that civic engagement is the
best weapon
* For Labour Day, I wish that all workers be recognized
appropriately for the contributions that they make to ensure the growth and
development of Pakistan
* For Independence Day, I wish for the Pakistan democracy to
become stronger and unity among all the citizens of the country My wish for the
religious holidays is that they be used to continue to demonstrate the love,
understanding, and respect that we Muslims have not only for those of our own
religion but for those of all religions.
My wishes for the issues confronting Pakistan domestically
focus on poverty, education, jobs, corruption, and climate change.
* For poverty, I wish that the government’s ongoing efforts
to reach out to those in dire straits increase and significantly reduce the
number of those in need of assistance
* For education, I wish that all Pakistanis receive the
primary and secondary education and the advanced education required to be
productive members of the workforce and responsible citizens
* For jobs, I wish that Pakistan create and bring new
industries in the service, technology, and other sectors to generate millions
of good paying jobs
* For corruption, I wish that the reform initiatives make
good government and business practices the order of the day across the nation
* For climate change, I wish that the environment is
protected and restored in a way that is both climate sensitive and jobs
producing My general wish for the region is that the South Asian nations forge
a meaningful alliance that moves them closer to being an interdependent
community producing economic, cultural and societal benefits for all. My
specific wish for the region is that 2021 brings India and Pakistan closer
together working on a new beginning and establishing agreements that are fair
and balanced for both sides.
My general wish for Pakistan internationally is that it
continues to grow in status as a developing nation and to emerge as a player on
the world stage edging us toward more united nations. My specific wish
internationally relates to Pakistan’s relation with the United States.
It is that the relationship changes from the transactional
one that was had with the Trump administration to a strategic relationship with
the Biden administration. That relationship would produce a fresh start in
bilateral relations and pro-Pakistan policies from the United States.
To sum it up, my overriding wish for Pakistan and Pakistanis
is a happier, healthier and holier new year. In closing, I will share this
thought.
During the entire month of Ramadan, we engage in fasting
from sunset to renew our faith and redirect our thoughts from focusing only on
daily activities to reflect upon and do things to benefit society and most
importantly to help others who are in need.
Given that, my final wish is that 2021 is a year of
reflection, renewal and redirection in which Pakistan, Pakistanis and partners
from around the world come together to make those wishes come true.
Those are my holiday and new year wishes for Pakistan and
Pakistanis. May God bless us all and grant those wishes as this year ends, in
the new year, and in the years to come.
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Frank F. Islam is an Entrepreneur,
Civic Leader, and Thought Leader based in Washington DC. The views expressed
here are personal
https://dailytimes.com.pk/702120/new-year-wishes-for-pakistan/
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The Lost Future Generation Of Africa
By Arhama Siddiqa
December 15, 2020
When people usually look at an old picture, they marvel at
how time has changed circumstances in a good way or bad. For the people of
Nigeria, it has been the latter. A never-ending déjà vu of bad memories that
keep compounding like a never-ending abyss.
On November 29, a number which started as 43 decimated
farmers rose up to a total of 110 butchered Nigerians — some with their throats
slit open, others with their heads chopped off. Boko Haram, an offshoot of
Daesh, was quick to claim credit for what the UN has described as the most
violent attack against civilians in 2020.
For over more than a decade, the people of north-east
Nigeria have become conversant with the horrors of this group, whose name
literally translates into ‘Western education is forbidden.’
Ever since its launch in 2009, the group’s constant conflict
with the Nigerian government has affected more than 15 million people. In 2015,
the Global Terrorism Index ranked Boko Haram as the deadliest radical group.
This is the same terrorist outfit responsible for kidnapping more than 100
girls in 2018 and 270 girls in 2014, many which to this day remain unaccounted
for.
Upholding its name, Boko Haram has targeted the Nigerian
education system. Its activities include unparalleled acts of debauchery such
as the harnessing of bombs on children before detonating them in public spaces,
damaging and destroying schools and burning students and teachers. Research
shows there are two main channels through which the group has tried to beset
the country’s education system. Firstly, by a reduction in household income
which forces children to drop out of school and either start work or join a
militia group. Secondly, by reducing the number of available schools and
teachers altogether.
According to the World Bank, in the backdrop of Covid-19,
personal incomes in Nigeria, Africa’s largest economy will be set back by four
decades. Before the pandemic hit, the country was already experiencing high
rates of unemployment and inflation. The Nigerian economy is likely to contract
by 3.2% this year — which considering it was expected to grow by 2.1%, is a
reduction in growth by more than five percentage points.
Nigeria is placed in the bottom 10 countries in terms of
child flourishing based on measures such as health, education, nutrition and
equity. Even though in 2003 Nigeria signed the Child Rights Act into law,
millions of Nigerian children (an estimated 43%) undertake physically
challenging and exploitative work as a means of survival.
Showcasing global outrage and incensed statements only help
fuel the idea that such acts get publicity. Children are the future of a
country. If this keeps on increasing, what then will the future of Nigeria be?
On December 12, a large number of attackers on motorbikes
ambushed an all-boys school in the Nigerian state of Katsina. Of the 800
pupils, more than half remain missing. Though, early on the government had
blamed the many bandits operating in the country, saying they were emulating
Boko Haram’s mandate. However, Boko Haram claimed responsibility for this
abduction as well, adding to another conquest for perpetrators fighting to keep
children from education.
Even regional states in Africa have done nothing to diminish
trigger factors such as bad governance and corruption which have afforded
fertile ground for militant conscription. It is important to realise that most
radical groups do not prey upon poverty, but rather on a loss of hope and
confidence in the idea of a better future. It is far-fetched to think that
development can occur overnight. However, necessary reforms and government
support can help bring any country back from the precipice of complete obliteration.
Instill hope, not through mere proclamations but through solid action. This
goes across the board not just in Nigeria.
https://tribune.com.pk/story/2276098/the-lost-future-generation-of-africa
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