UNIVERSITY OF SINDH

JAMSHORO
INSTITUTE OF LAW

THESIS TOPIC

Gender Discrimination And Male Chauvinism

And Constitution Of Pakistan

By

Syed Imtiaz Ali Shah

2k14/LLB/100

Thesis Supervisor

Prof: Ma’am Shabana Jatoi

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 Certificate

This is to certify that Mr. Syed Imtiaz Ali shah, Roll No. 2k14/LLB/100, a final

year student from institute of law has presented his thesis entitled ‘‘ Gender

Discrimination And Male Chauvinism And Constitution Of Pakistan’’ under

my supervision. Therefore he has fulfilled one of the requirements of bachelor of

law degree (LL.B.Hons).

THESIS SUPERVISOR

Ma’am Shabana Jatoi

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 Dedication

Every challenging work needs self efforts as well as guidance of

elders specially those who were close to you during your hard

time.

My humble efforts, I dedicate to my sweet, loving and respected

mother and father, who’s affection, love, encouragement and

prays make me able to get such success and honor

Along with all hard working and respected teachers specially

my supervisor Ma’am Shabana Jatoi.

Syed Imtiaz Ali

2k14/LLB/100
Student of
Institute of Law

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 Acknowledgement

In the Name of Allah, the most beneficent and merciful who gave me strenghth

and knowledge to complete this research work. I would like express my

gratitude to my thesis supervisor Ma’am Shabana Jatoi who gave me this

opportunity to complete this research work.

She gave me moral support and guided in different matters regarding my

research topic. She had been very kind and patient while suggesting me the

outline of my research topic.

I thank her for overall support and encouragement.

I am also thankful to my teachers of institute of law and everyone who all

supported me for that I have completed my research work effectively on time.

They gave me many helpful comments which helped me a lot in preparing this

research work

Syed Imtiaz Ali

2k14/LLB/100
Student of
Institute of Law.

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 Table of Contents

Chapter 01 ..................................................................................................................... 8

INTRODUCTION ........................................................................................................ 8

1. Introduction ............................................................................................................................. 8
2. Scope and Historical perspective ..................................................................................... 10
3. Actual situation and issues of gender equality............................................................. 11
4. Gender equality in work place ......................................................................................... 11
5. Violence against women and transgender ..................................................................... 12
CHAPTER 02 .............................................................................................................. 14
LITERATURE REVIEW .......................................................................................... 14
1. Meaning Concept of Discrimination .............................................................................. 14
2. Discrimination On Behalf Of Sex ................................................................................... 15
3. Different types of sex discrimination ............................................................................. 15
1. Direct discrimination ...................................................................................... 15
2. Indirect discrimination .................................................................................... 15
3. Harassment ...................................................................................................... 16
4. Victimization ................................................................................................... 17
Circumstances when being treated differently due to sex is lawful ............................... 18
4. Constitutional Rights for women..................................................................................... 18
1. Rights of life and liberty ................................................................................. 19
2. Rights to Equality (irrespective of gender, race, religion, caste, residence) .. 19
3. Rights to Freedom ........................................................................................... 19
4. Rights to Property ........................................................................................... 20
5. Rights to Culture ............................................................................................. 20
6. Social Rights ................................................................................................... 20
5. Right to Constitutional Remedies to Protect Fundamental Rights ......................... 20
6. Legal Rights .......................................................................................................................... 20
Chapter 03 ................................................................................................................... 21
RESEARCH METHADOLOGY .............................................................................. 21
1. Introduction ........................................................................................................................... 21

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 2. Opted type of research ........................................................................................................ 22
3. Textual Analysis .................................................................................................................. 22
4. Need for data collection ..................................................................................................... 23
Kinds of data ......................................................................................................................... 23
5. Research design .................................................................................................................... 25
Selection and definition of problem .................................................................. 25
6. Techniques of data collection ........................................................................................... 26
Importance of the study of historical material................................................... 26
7. Types of educational history ............................................................................................. 28
Research Proposal And Synopsis ............................................................................................ 31
8. Hypothesis ............................................................................................................................. 32
9. Sources of Hypothesis ........................................................................................................ 33
1. Observation ..................................................................................................... 33
2. Reflection ........................................................................................................ 33
3. Deduction ........................................................................................................ 34
4. Verification ..................................................................................................... 34
10. Types of hypothesis............................................................................................................. 34
1. Explanatory or descriptive hypothesis: ........................................................... 34
2. Tentative hypothesis: ...................................................................................... 35
3. Representative fictions: ................................................................................... 35
Chapter 04 ................................................................................................................... 36
What is Gender in equality ........................................................................................ 36
1. Introduction .............................................................................................................................. 36
2. Causes of Gender Inequality ................................................................................................ 38
3. Gender Discrimination .......................................................................................................... 39
4. Legal Aspects of Sex Discrimination ................................................................................ 40
5. Gender Inequality In Western World ................................................................................ 41
6. Gender Inequality In Pakistani Society ............................................................................. 42
7. Gender Discrimination In Various Aspects Of Life ...................................................... 43
8. Discrimination from Home .................................................................................................. 44
9. Discrimination at Workplaces ............................................................................................. 45

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 11.Decision Making Institution ............................................................................................... 47
Chapter 5 ..................................................................................................................... 48
STATUS OF WOMEN BEFORE AND AFTER ISLAM AND CONSTITUTION
OF PAKISTAN ........................................................................................................... 48
1. Introduction .............................................................................................................................. 48
2. Status Of Women Before Islam .......................................................................................... 48
3. Status Of Women After Islam ............................................................................................. 49
4. Women In Quran ..................................................................................................................... 50
5. Issue of Women in Modern World ..................................................................................... 51
6. Islam and Constitution of Pakistan..................................................................................... 52
Chapter 06 ................................................................................................................... 54
RECENT DEVELOPMENTS IN PAKISTAN ........................................................ 54
1. Introduction .............................................................................................................................. 54
2. Transgender Welfare Policy................................................................................................. 54
3. Punjab set to unveil women development policy ........................................................... 57
4. AGAINST ZIA’S REGIME; ............................................................................................... 60
5. Women Empowerment In Pakistan .................................................................................... 61
Chapter 07 ................................................................................................................... 63
DISCUSSION AND CONCLUSION ........................................................................ 63
Equality of citizens .............................................................................................................. 65
Conclusion ............................................................................................................................. 66
References .............................................................................................................. 68

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 Chapter 01
INTRODUCTION

1. Introduction

Pakistan has been ranked the second-worst country in the world for

gender inequality. It is one of the fundamental duties to provide equality to other

genders in a society. The gender discrimination: basically, the significant curse in

Pakistan as well as in this world. Genders other than Male face a mass of

discrimination in every walk of life. Though the Girls as well as Trans genders face

these problems from their own home. As there is a class system in every society

simultaneously male has made such Class discrimination in the system of genders.

This curse has deprived the human of their basic as well as their social rights. Male

is free to enjoy every provided right but Women and Trans genders are avoided to

enjoy such rights. The constitution of Pakistan provides everyone the right to enjoy

every right equally.

There is no denying fact that women play a significant role in many areas

of development. Quaid-e-Azam Muhammad Ali Jinnah had stated that a nation can

never be developed if women are not working side by side with men. Moreover in

1979 when many nations at General Assembly of United Nations accepted the

convention on the eradication of all evil customs against Genders in society, Pakistan

also promised to give gender justice and equality. But nothing has been practically

done to stem the ranking of gender inequality. A majority of women cannot move

beyond the status patriarchy assigns to them, thereby remaining excluded from

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developing necessary skills to be part of the workforce. Employment is also a very

important fact to be considered in gender discrimination. In Pakistan, 98 percent top

managers in banks and other financial institutions and industrial units are males. This

clearly shows that women are not treated equally as candidates for top management

positions. Males are given priority over females in a country where females are more

in number. As a result it is high time that we must regret and protest for all such

activities against women. And also I want to request the government to please take

positive steps for eliminating inequality.

The causes of gender inequality, linked to the household’s decisions that are

particularly complex. Regardless of how such decisions are made, they obviously are

influenced by the traditions, customs, institutional and cultural norms (World Bank,

2002a).

These norms and values do not capture the full benefits to society of investing in

women. Limited education and training, poor health and nutrition, and denied access

to resources don’t only depress the women's quality of life but also cause to hinder

the economic efficiency and growth. This is alarming because women are agents of

change, shaping the welfare of future generations.

Now they are not treated as equal, they live in secluded communities with their own

kind, often in extreme poverty. Most are uneducated as the notion of

a transgender child being brought up in a normal household and studying in a

mainstream school is not an acceptable reality. As Pakistanis, we need to realize that

this is not merely a war that these individuals have to fight they are human beings,

just like us, and deserve as much of a right to education and these individuals have

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voices that are not heard by anyone. We need to be the voice that speaks on their

behalf, fights for their rights and makes living for them less painful. Our constitution

provides equality to all genders by all means so trans genders should be treated

equally like other genders in our society.

2. Scope and Historical perspective

In 1792 Mary Wollstonecraft set out what she saw as the principles for

emancipation of women: education of girls on the same footing as boys, an end to

prejudice against women, and that women should be evaluated on their own merits

rather than the achievements of their partners. As highlighted in the introduction, the

past 200 years has seen marked improvements in these respects.

However, for all the progress that has been made, the elimination of discrimination

against women is not yet fully achieved. Compared to men, women are often to do

more of the domestic duties such as child-rearing, do lower status jobs, more

involved in informal sector, less likely to be entrepreneurs, participate less in the

political decision-making process, paid less, more likely to experience violence and

so on (OECD 2013, 2015). In order to better understand where and how gender

inequalities emerge and persist, it is necessary to find ways to measure gender

inequalities over time. Gender inequality in a historical perspective measures, what

trends do we observe in gender equality in the world over the last century

The constitution of Pakistan provides an ambit to let every gender acquire education

as their basic and fundamental right which cannot be challenged and snatched at any

cost. Though women education was continued from 1973 as their basic right but trans

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genders were deprived of their right of education and which was resettled to provide

them the education in 2014. When Allama Iqbal Open University provided

facility of free education for Trans genders.

3. Actual situation and issues of gender equality

It is necessary to find ways to measure gender inequalities over time. This

chapter therefore seeks to address three interrelated questions. First, how can we

measure gender inequality in a historical perspective and, second, using these

measures, what trends do we observe in gender equality in the world economy over

the last century? Lastly, to what extent does a relationship exist between gender

equality? These questions are addressed by analyzing a wide range of indicators of

gender equality in the twentieth century. Moreover, this chapter introduces a

composite index of gender equality covering 129 countries between 1950 and 2003.

This index evaluates women’s position compared to men in four dimensions (socio-

economic, health, household and politics).

4. Gender equality in work place

Every year, thousands of women in Pakistan are harassed by their male colleagues.

Most women from the so-called "respectable families" are forced to remain silent.

Official data suggests that more than 70 percent of women are harassed at their

workplaces every day, although the ‘Protection against Harassment of Women at

Workplace Bill 2010’ was signed by President Asif Ali Zardari as soon as he came

to power.
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In Germany, however, sexual harassment at the workplace is rare, though not absent.

Dr Bettina Burkhardt, representative for gender equality at the Deutsche Wille, Bonn,

says some women co-workers seek advice from her on how to deal with harassment

at the office.

According to a February 2011 report on Women in the Boardrooms, women now

make up 4.6 per cent of board members of Pakistani companies and women members

hold 78 seats out of the 342 seats in the National Assembly in Islamabad. Pakistan's

foreign minister, Hina Rabbani, the speaker of the National Assembly, Fehmida

Malik and the country's new ambassador to the United States, Sherry Rehman are all

women.

Raising the female wage employment from current abysmal levels, there is a need

for expanding and strengthening gender sensitive policies for female wage

employment. Maternity leave duration needs to be increased from current 12-14

weeks, to ensure compliance with ILO Convention 183. There must be a provision

for partially paid parental leave. The maternity, paternity and parental leave must be

publicly financed (through general tax revenues) or through Workers Welfare Fund

(WWF).

5. Violence against women and transgender

Human rights defenders as well as political representatives who stand up for the

human rights of trans women are subject to threats and harassment, and in extreme

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cases, human rights defenders are subject to physical violence by both state and non-

state actors.

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 CHAPTER 02
LITERATURE REVIEW

1. Meaning Concept of Discrimination

Discrimination has until now been considered predominantly from a legal point

of view. The contexts, the acts, the concepts, the subjects (perpetrators or victims), the

needed reforms, the restitutions or the remedies were mainly legal. Law was the basic

reality from which we must interpret and act upon discriminatory actions. However,

beyond law, a social science approach must be applied to better analyse and tackle

discrimination. Makkonen strongly supports this point of view: “Much of the discussion

on discrimination assumes that discrimination is something that occurs at a specific

point in time within a particular field of life, and typically involves a limited number of

individuals, i.e. the victim(s) and the perpetrator(s). This view, which could be

characterised as ‘the episodic view of discrimination’, is related to and probably derives

from the field of law, where for the purposes of determining liability – the identification

of a specific legally meaningful event is crucial, as is the identification of particular

complainants and respondents. But discrimination, and its impact on the lives of the

individuals concerned, and on the society at large, cannot be properly understood unless

discrimination is viewed in its broader context and as a dynamic process that functions

over time in several, often unexpected, ways” Makkonen (2007:17). “The predominant

understanding of discrimination is one which focuses on single events that take place

because of malevolent intentions”. “The prevailing, or “common sense” understanding

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of discrimination is a formal juridical one and reflects the usage of the concept

especially in the field of criminal law.

2. Discrimination On Behalf Of Sex

The treatment could be a one-off action or as a result of a rule or policy based on sex.

It doesn’t have to be intentional to be unlawful.

3. Different types of sex discrimination

There are four main types of sex discrimination.

1. Direct discrimination

This happens when, because of your sex, someone treats you worse than someone of

the opposite sex who is in a similar situation. For example:

 a nightclub offers free entry to women but charges men to get in.

2. Indirect discrimination

Indirect discrimination happens when an organization has a particular policy or way of

working that applies in the same way to both sexes but which puts you at a disadvantage

because of your sex. For example:

 an employer decides to change shift patterns for staff so that they finish at 5pm

instead of 3pm. Female employees with caring responsibilities could be at a

disadvantage if the new shift pattern means they cannot collect their children

from school or childcare

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Indirect sex discrimination can be permitted if the organization or employer is able to

show that there is a good reason for the policy. This is known as objective justification.

3. Harassment

There are three types of harassment relating to sex.

The first type is the same for all of the protected characteristics.

This is when someone makes you feel humiliated, offended or degraded. For example:

 A manager makes comments that there is no point promoting women because

they go off to have children. Even though he doesn't direct these comments at a

particular female employee, one of his staff is very upset by this and worries

about her career. This could be considered harassment

The second type of harassment is called sexual harassment. This is when someone

makes you feel humiliated, offended or degraded because they treat you in a sexual

way.

This is known as 'unwanted conduct of a sexual nature' and covers verbal and physical

treatment, like sexual comments or jokes, touching, or assault. It also covers sending

emails of a sexual nature, or putting up pornographic pictures. For example:

 A university lecturer makes sexual jokes to one of his female students and

implies that she will pass her exams if she sleeps with him

The third type of harassment is when someone treats you unfairly because you refused

to put up with sexual harassment. For example:

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  A manager invites one of his female employees home after they have been out

for a drink. She declines. A couple of weeks later she is turned down for a

promotion. She believes this is because she turned down her boss's proposition

It can also cover unfair treatment even if you had previously accepted sexual conduct.

For example:

 The employee above did have a brief relationship with her boss. After it ended,

she applied for a promotion but was turned down. She believes this is because

the relationship with her manager had ended

Harassment can never be justified. However, if an organization or employer can show

it did everything it could to prevent people who work for it from behaving like that,

you will not be able to make a claim for harassment against it, although you could

make a claim against the harasser.

4. Victimization

This is when you are treated badly because you have made a complaint of sex related

discrimination under the Equality Act. It can also occur if you are supporting someone

who has made a complaint of sex discrimination. For example:

 A male colleague is helping a female co-worker with their claim of sex

discrimination and makes a statement at an Employment Tribunal. The male

colleague is then sacked or treated badly by their employer. This is victimization

because of sex.

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Circumstances when being treated differently due to sex is lawful

A difference in treatment may be lawful if:

 Being a particular sex is essential for a job: this is called an occupational

requirement. This includes some jobs which require someone of a particular sex

for reasons of privacy and decency or where personal services are provided. For

example, a gym could employ a changing room attendant that is the same sex as

the users of that room. Similarly a women's refuge that only provides services to

women could require its staff to be women

 An organization is taking positive action to encourage or develop people of a sex

that is under-represented or disadvantaged in a role or activity. For example, an

engineering firm places a job advert for a trainee engineer stating that

applications from women are welcome.

4. Constitutional Rights for women

According to Article 25 of the Constitution of Islamic Republic of Pakistan,

1973 (hereinafter referred to as “The Constitution”)

All citizens are equal in the eyes of law and there must not be any discrimination on

the basis of sex. The Constitution has guaranteed twenty one fundamental rights, which

are as follows:

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 1. Rights of life and liberty

a) Right to life and liberty (Art.9);

b) Safeguard as to arrest and detention(Art.10);

c) Protection against retrospective punishment (Art.12); and

d) Protection against double punishment (Art.13);

2. Rights to Equality (irrespective of gender, race, religion, caste,

residence)

(a) Equality before law (Art. 25);

(b) Equality regarding accessibility to public places(Art. 26);

(c) Equality of employment (Art. 27); and

(d) Inviolability of dignity of man (Art. 14);

3. Rights to Freedom

(a) Freedom of movement.(Art.15);

(b) Freedom of assembly (Art.16);

(c) Freedom of association.(Art. 17);

(d) Freedom of trade, profession, etc (Art.18);

(e) Freedom of speech (Art. 19);

(f) Freedom of religion (Art.20); “freedom of religion applies to minorities as well

as various sects of Religion’’

(g) Protection against taxation on basis of religion (Art.21)

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 (h) Protection of religious and educational institutions (Art.22)

4. Rights to Property

a) Freedom to acquire property (Art.23); and

b) Protection of property rights (Art.24)

5. Rights to Culture

(a) Preservation of language, script, and culture etc (Art.28)

6. Social Rights

a) Freedom from slavery (Art.11); and

b) Freedom from forced Labor (Art.11)

5. Right to Constitutional Remedies to Protect Fundamental Rights

Under Article 199 of the Constitution, every citizen of Pakistan can invoke the writ

jurisdiction of high courtand seek remedy against infringement of fundamental rights

guaranteed there under.

6. Legal Rights

Legal right has been defined in Black’s Law Dictionary as: “A right created or

recognized by law”.

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 Chapter 03
RESEARCH METHADOLOGY

1. Introduction

Methodology is a systematic way to analyze the method which has been applied to

collect the data. Relevant of present context, there are various research methodologies

applied to different researches in accordance with their nature and features. It is quite

necessary for the researcher to choose the type of research he is going to work on. Above

board, methodology is basically a body of theoretical principles to analyze the

comprised data. As I said earlier that there are many types of research methodologies

but amongst all of them, two are at the forefront which encompass the functions of all

other sub-types. These are: Qualitative research methodology and Quantitative research

methodology. The former comprises of those all research types in which there is no

scientific involvement while the later one involves those all research types which are

related to fixed numbers and measurements of science in one way or the other. Research

methodology facilitates both researcher as well as checker in conducting and checking

the research respectively. It was brief introduction of Research methodology but in

preceding paragraph, the various types of research are explained in a pithy way.

Amongst them which topic I have opted for my research, is also explained with the

reasons of opting.

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2. Opted type of research

In above paragraph, I gave brief introduction of two conspicuous types of research

methodologies. Of the two, I have opted for Qualitative research methodology for my

research. In the chosen type, no fixed number or measurement is given but it always

craves that whether the majority of people agree to it or not. On the basis of said

methodology, data is collected through interviews, reports, discussions, journals and

numerous other ways. For my research, Qualitative research methodology suffices all

the needs and requirements of the research. In my research, there is no mention of fixed

number or measurement rather it is totally based on discussions, questionnaires and

textual study. My research topic is “GENDER DISCRIMINATION AND MALE

CHAUVINISM AND CONSTITUTION OF PAKISTAN.” The told topic, in all ways,

is related to written records of the past and their development with the passage of time.

In my research, I shall only develop the sense of change in English vocabulary. For my

work, not the "ayes" and "nays" of the people are needed but it asks for their view points

about the topic which has been chosen. So far as my opted topic is concerned,

Qualitative research fits to it in every dimension. My topic demands for generalization

rather than particularization. Meeting such need of my topic, Qualitative research also

generalizes the things instead of particularizing them. Solely, owing to foregoing

reasons, I have made choice for Qualitative research methodology.

3. Textual Analysis

It is also a sub-type of research methodology wherein the process of data collection is

revealed. Furthermore, it deals with cultural view points of the text and focuses on the

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background of it. Textual analysis is as vital for my research as spinal cord for the

vertebrates. Qualitative research revolves round the textual analysis. For textual

analysis, different sources can be utilized, such as watching related research movies;

listening to the people who belong to that geographical area to which our research is

related. Textual analysis is quite essential not only for my research but for all the

qualitative researches. After amassing the material by virtue of different sources, it is

paraphrased in researcher's own simple and intelligible language. Due to the said

reasons, textual analysis plays vibrant role in conducting qualitative research.

4. Need for data collection

Research is based upon various types of information. It is not possible without different

kinds of information. Just as a building requires bricks and mortar for its construction,

similarly social research successfully, information should be gathered from proper

requires concerned information. These information given knowledge concerning social

phenomena. Now, in order to carry on social research successfully, information should

be gathered from proper sources the more valid is the source of information, the more

reliable or conclusions. Therefore, research presupposes a knowledge of kinds and

sources of information different types of researches require different types of

information. This requires a wide knowledge of kinds and sources of information.

 Kinds of data: Different kinds of data are required in research. This can be

classified into the following two types of Information;

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  Primary Data

Primary data are actual information which are received by researcher for study from the

actual field of research. These data are attend by means of questionnaires and schedules.

In some fields primary data are collected through interview and observation methods.

The observation method, for collecting primary data, may be both participant and non-

participant. Such data are known as primary because they are attend by researcher from

the field of research directly and for the first time. Primary data are generally attend

through two sources. The primary source of primary data are the facts of living person’s

lives. The other source is the connected events known through observation such as the

life of the group, traditions and customs and different aspects of daily life. Participant

observation sometimes unravels such primary data which cannot be known by another

means.

 Secondary Data

Secondary data are the information which are attained indirectly. The researcher doesn’t

attained them himself or directly. Such data are attained generally from published and

unpublished material. Secondary data are gathered from information collected from the

individuals and institutions through personal diaries, letters and survey documents etc.

The secondary data again, are gathered through two types of sources. The first source

are personal documents such as diaries letters, photographs, etc. the other source are

public documents such as books, manuscripts records , census reports, reports of

surveys by private institutions and various information published in newspapers and

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magazines. According to Lundberg, the information achieved from inscriptions on

stones and objects of excavations may also be included in secondary data.

5. Research design

Selection and definition of problem

The problem selected for study should be define clearly in operational terms so that the

researcher knows positively what facts he is looking for and what is relevant to the

study. Since human behavior as an interaction pattern, is the result of various forces it

is based to delimit the scope of one’s study which reaps ample benefit during the actual

course of data collection. Now besides the operational definition of the problem, the

problems selected should be practicable in costs of time and money. If the criteria of

the validity and reliability of results are to be full filled, such problems are

unmanageable by the researcher should not be selected for the design.

 Sources of data

Once the problem is selected it is the duty of the researcher to state clearly the various

sources of information such as library, personal document, field work, a particular

residential group etc.

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  Object of study

Whether the design aims at a theoretical understanding or presupposes a “Welfare”

notion must be explicit at this point. Stating the object of the study aids not only in

clarity of the design but also in a sincere response from the respondents.

 Basis of selection

Now an adequate and representative sample can be selected. He mechanics of drawing

a random, stratified, purposes, double cluster or quota sample when followed carefully

will produce a scientifically a valid sample in an unbiased manner.

6. Techniques of data collection

Relevant to the study design a suitable techniques has to be adopt for the collection of

required data the relative merits of “ Observation” , “ Interview” and “Questionnaire”

When studied together will help in the choice of suitable techniques. Once the

collecting of data is complete, analysis, coding and presentation of the report naturally

follow.

Importance of the study of historical material

Human society is an eternally dynamic structure. Its various aspects are constantly

under change. History is a record of theses changing processes. This a why in social

sciences the historical of social processes is so revealing and important, according to

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Hans Garth, “Every model of social structure employs a model of socio historical

change: History consist of change which social structures undergo”.

In the historic study of social structure, causal relation between its various aspects

becomes known. The current structure, culture, folk ways and social mores and

organization of any social group or resultants of its past forces, that is, its history and

evolution.

The historical knowledge about these processes enables us to anticipate their future

structure. No social change takes place in the void: it is a result of past forces and will

give rise to future forces. Accordingly, in order to understand efficiently any social

group or institution it has to be studied in its historical perspective. In this way, a social

scientist studies the past to gain a better understanding of the present state of the affairs.

Though the contemporary ethos and the culture of the any society is quite different from

its past character, yet the seeds of the present are in the past and the contemporary modes

and mores of a society a nothing but evolution of forces working in the past. For

example, the present liberal labour laws in India are result of almost a century of protest

and agitation by the down trodden. Similarly, prohibition, abolition of absentee

landlordism, unlawful ness of traffic in women and children and education for women

on per with men have not come about in our country by mere drafting of Indian

constitution some 45 years back. They are the result of a long process of struggle and

progressive increase in the consciousness among Indians about decent human life. In

past, women were regarded merely chattels and servants were considered mere slaves.

Today, however we are quite aware of the moral fact that every human being has equal

rights to happiness and that no men may be used merely as a means to somebody else’s

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end. In order to understand the bewildering the nature of contemporary social structures

we must put them in a historical perspective. The marriage in urban India of today is no

longer a privilege of parents. Love marriages are growing in number, so are inter caste

marriage. Examine the efficacy of these actual practice and to try to improve them in

the light of practical experience.

Women are in the forefront of political and cultural life and possess equal rights. The

joint family is under great stress and will eventually break down together. The youth is

unwilling and unprepared to play a second fiddle “Itis in revolt. These interesting and

important facts can be dispassionately understood only in historical perspective.

7. Types of educational history

Investigation of the documentary type include following areas of the study.

A- Biography

B- History of institutions and organizations

C- The history of ideas

D- Sources and influences

E- Legal

F- Bibliography and summarizing studies.

In the area of education, lives of educators, history of schools, schools systems and

educational institutions, various social, economic, geographical, and cultural influences

on the educational practices of a place or a time, the philosophical theories and

ideologies affecting educational theory and practice provide numerous problems for a

significant historical research.

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  Bibliographical and summarizing studies

Bibliographical survey and summarizing of a type which is exhaustive, critical and

analytical covering a span of some length in the educational field in historical

investigation. The collection of material, its criticism, interpretation and synthesis of

results from a number of related studies thus surveyed.

 Experiment

According to Garret, an experiment is a question which has been asked systematically,

i-e, it is a query the answers for which is being consciously sought for. In each case of

experimentation, the experimenter has before him a problem whose solution he seeks

by conducting an experiment. Marie Jahoda and other social scientist have described

experiment as a means of verifying the hypothesis. An experiment is based on a

hypothesis and this hypothesis is a product of rational thinking. The hypothesis is either

proved or disproved by an experiment. We can repeat the experiment at different times

and places to assure that our results are not due to some error in the experiment.

According to Greenwood an experiment is a means of proving the hypothesis whereby

the casual relation between the two facts is studied. To study this relation we create

contradictory situation in which all but one fact is controlled. The “Free” fact is either

a supposed cause or an effect. Therefore, in an experiment the free or independent factor

is of most crucial importance. Explaining the fact that in an experiment we study a

subject matter under controlled situation, John R.P French writes: We shall define a

field experiment as a theoretically oriented research project in which the experimenter

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manufacturers an independent variable in some real social setting in order to test some

hypothesis.

 Action Research

Very simply, action research is concerned primarily with active aspects of education,

when the field of research is education. In this way, the work of research concerns the

day today problems that arise for the institution as a whole, the student and a teacher, it

aims at discovering scientific solutions for their problems. Defining such research, P.M.

Cook writes, “Research is an honest. Exhaustive, intelligent searching for the facts and

their meanings or implications with reference to a giving problem. The product or

findings of a given piece of research should be an authentic, verifiable contribution to

knowledge in the field studied.” Hence research is search for facts, a search which has

the qualities of the honesty, adequacy and intelligent the results of which research admit

of verification and authentication.

This particular definition of research is applicable to both basic and action research.

Whatever subject of research, the later must be logical and objective, directed at a well-

defined goal. Research is a permanent and a scientific search, it requires a definite

standard, as well as properly trained research worker. In the field of education research

is confined to problems of teaching, and similar to other fields, it is scientific objective

goal oriented and verifiable. Evidentially, then, action research possess all the qualities

delegated above to the research in general. In the word of Stephen M.Corey, “ the

process by which practioners attempt study their problems scientifically in order to

guide, correct and evaluate their decisions and action is what a number of people have

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collected action research”. It is apparent from this definition that the following

characteristics are fundamental to action research.

1- Action research is carries out scientifically.

2- Action research is further carried out by workers who work in some specific field

in their own capacity, so that in the educational field the research work is to be

done by teachers, students, principals, etc.

3- Action Research is concerned with the solution of problems that comes to the

normal working day of a worker. Within the single field of education, there are

many aspects – curriculum, administration, communal life the problems of which

require systematic research.

4- The object of action research is the guidance of actions and decision,

improvement and evaluation.

Research Proposal And Synopsis

Statement of problem.

Following are the different ways of stating the problems:

1. Posing a question:

(1) A single question

(2) Several questions,

(3) A single question followed by several sub-questions.

2. Making a declarative statement:

(1) A single declarative statement,

(2) A single statement with several phrases

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 (3) A series of complete statements

(4) A general statement followed sub-ordinate statements

(5) A statement followed by re statement in the form of question.

(6) A statement followed by series of thesis.

While choosing any of these ways one must remember that the question form has an

advantage in sharpening and focusing the issue. However, the declarative statements is

more common. Both the ways may be combined easily in an initial statement of the

problem.

8. Hypothesis

The word hypothesis is a compound of two words, “Hypo” and “thesis” and literally

hypo means under are below and thesis means a reasoned theory or rational view point.

Accordingly hypothesis would means a theory which is not fully reasoned. In other

words, a hypothesis is a theory entertained in order to study the facts and examine the

validity of the theory.

Mill has defined hypothesis as “any supposition which we make (either without actual

evidence, or an evidence avowedly insufficient) In order to endeavor to deduce

conclusions in accordance with facts which are known to be real, under the idea that if

the conclusions to which the hypothesis leads or known truths, the hypothesis itself

either must be or at least lily to be a true”. According to Coffey, “a hypothesis is an

attempt at explanation: A provisional supposition made in order to explain scientifically

some face or phenomenon”. And, according to Cohen and Nagel, “A hypothesis directs

our search for the order”. It is not essential for a hypothesis to be necessarily true. In

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fact, hypothesis is a bridge in the process of inquiry or search which begins with some

felt difficulty or problem and ends without the resolution of the problem in other words

of the Cohen and Nagel, The function of the Hypothesis is to direct our search for the

order among facts. The suggestion formulated in the hypothesis may be solution to the

problem. Whether they are such is the task of enquiry. The truth of hypothesis involves

observation, imaginative thinking, anticipation and deductive verification.

9. Sources of Hypothesis

1. Observation

Observation is a pre-condition of formulation of hypothesis. Unless we perceive a

difficulty or problem feel the inner goading for solving it, we do not reflect. Therefore,

observation is the first stage of hypothesis making.

2. Reflection

Having felt a difficulty and need for a solution we consider the problem by perceiving

the relevant facts for example, we see a sea in the high tide and also find clear moon

above. Now we anticipate a relation which is based upon an experience, namely

whenever there is full moon there is high tide and never otherwise as far as our

experience goes. Having established a relation between two facts now we formulate an

answer for the why this relation. This answer is hypothesis.

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 3. Deduction

The third and last step in this process is examination of hypothesis for various

deductions possible from it and their mutual compatibilities and correspondences with

already known facts. In other words of Cohen and Negal, “from this analysis we may

conclude that the deductive elaboration of a hypothesis must follow its formulation. We

can discover the full meaning of a hypothesis, whether it’s a relevant and whether it

offers a satisfactory solution of the problem, only by discovering what it implies”.

4. Verification

Actually, verification is post hypothesis formulation and, therefore , is not a step in its

formulation but in as much as our interest in making hypothesis is not purely academic

or theoretical , we wish to solve our difficulty; and this difficulty can be solved if we

actually test our hypothesis.

10. Types of hypothesis

1. Explanatory or descriptive hypothesis:

A hypothesis may be about the cause of a phenomenon our about the law of which it is

an instance. A Hypothesis is about cause is explanatory where as a hypothesis about

law is descriptive.

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 2. Tentative hypothesis:

When a phenomenon cannot be fully understood because of technical difficulties we

make tentative hypothesis about it and see how far this is successful in enplaning.

Sometimes we simultaneously test to our more hypothesis the famous hypothesis about

propagation of light, namely, waive theory and corpuscular theory of light both explain

the phenomenon of light but none of them is final they are tentative.

3. Representative fictions:

According to Bain, “some Hypothesis consist of assumptions as to the minute structure

and operation of the bodies. Means. There only merit is there suitability to express the

phenomenon”. They are “Representative Fictions “. Einstein’s formula E=MC 2 is an

instance of representative fiction. The hypothesis is based upon imaginative reasoning

and it primarily involves thinking without the help of concrete instances. This is why

hypothetical reasoning is abstract.

A hypothesis which proves to be correct becomes a theory or law. The law of gravitation

was a hypothesis in Newton’s mined, but when it proved to be true it became a law.

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 Chapter 04
What is Gender in equality

1. Introduction

Gender inequality can be defined as allowing people different opportunities due

to perceive differences based solely on issues of gender. Gender discrimination is the

prejudicial treatment of an individual or group due to gender. Gender inequality and

discrimination are generally discussed as pertaining to women, but anyone can

experience gender-based inequality or discrimination. In order for these definitions to

have meaning, we must first define “gender.” The terms gender and sex are sometimes

used interchangeably, but social scientists and medical personnel are beginning to

recognize them as different. Sex refers to one's biological identity as defined by physical

and/or chromosomal makeup. Generally, people are categorized as either male or

female depending on their chromosomes and/or genitalia. Gender is commonly defined

as the social identity of the sexes. It is determined by socialization and social values,

not biology, and includes social markers such as behavior and appearance. Usually,

people who identify as transgender believe they are different in sex and/or gender than

what society has labeled them. For example, a person may believe himself to be a man

despite genitalia that is defined as female by society. Transgender issues have helped

bring to light the spectrum of sex and gender possibilities that is denied by the male or

female binary and the use of sex and gender interchangeably. Gender inequality is

rampant in most societies. In some countries, women continue to be denied access to

financial resources such as bank loans to start a business, scholarships for education,

and legal recourse against wrongful termination. American popular culture illustrates

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more subtle examples of gender inequality. In general, women are portrayed in the

media as weaker and less intelligent than men. Magazines marketed to women tend to

define women in terms of their being sexually attractive and available to men. On

television and in movies, women tend to be younger than their male counterparts and

cast in roles that are supportive to a male and less serious. Women are held to a more

rigid standard of beauty and are depicted as more sociable, nurturing, and caring. In

popular culture, men are generally portrayed as more aggressive, assertive, and violent

as well as less expressive and emotional than their female counterparts. While male

characters are more likely to initiate violence, female characters are more likely to be

the victim of male violence. These stereotypes of gender hold each sex to an impossible

standard. Gender inequality is perpetuated not only by a person's views of others based

on gender, but also her or his view of her or his own abilities and opportunities based

on her or his gender. Gender inequality can manifest itself in obviously discriminatory

ways such as not hiring a male candidate for a child care position because of the

stereotype that women are naturally better at child care and in more subtle ways such

as a male not ever considering a career in child care because he has internalized the

stereotype that desiring such a position proves he is feminine. Gender inequality is a

major concern of feminist theorists. While some have fought for the equitable treatment

of women in society, others have celebrated the difference between the sexes. Feminist

theories on gender can be split into three major categories: essentialist, constructivist,

and per formative. Essentialists believe that something innate within people determines

their gender. Essentialist feminists tend to celebrate what they define as the “feminine”

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and believe that embracing the “feminine” will allow women to better understand their

difference from men.

2. Causes of Gender Inequality

There are many, often competing, ideas about the causes of gender inequality.

Theories regarding the causes of gender inequality can be grouped into five main

categories: biological, psychological, sociological, materialist, and religious. The

biological argument for gender inequality states that women are physically weaker

than men and made more physically vulnerable by their ability to have children.

Therefore, women need to be protected by men. This argument had more support when

the majority of work needing to be done was physical in nature. Now that the majority

of jobs do not involve physical labor, this argument has lost much of its appeal.

Women's menstruation has also been used to argue that they are less emotionally stable

than men and, therefore, should not be allowed positions of power, such as political

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 office. By unfairly denying women access to the workplace, a society is not using all

its resources.

Discrimination / Inequality

3. Gender Discrimination

Gender inequality is also reinforced within the workplace. One major way this

occurs is through gender discrimination. Gender discrimination is treating individuals

differently specifically because of an individual's gender. In many developed countries,

discrimination is illegal regardless of whether it is based on sex or gender or both sex

and gender. The ways in which gender discrimination occurs tend to be subtle and

complex. Gender discrimination is often difficult to prove. Gender discrimination in the

workplace is the most widely discussed form of gender discrimination and will be the

focus of the remainder of this entry. While gender discrimination is generally thought

of in terms of female workers being discriminated against, men are also vulnerable to

gender discrimination. For example, a male who wishes to become a nurse may be

discriminated against because men are generally not considered nurturing and caring.

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When women’s groups condemned the state and society, they were, in fact, saying that

it is not nature but human society, its laws and institutions, which have created

hierarchies between men and women, class and caste; that rape is not a random

unpremeditated act but a form of violence by the powerful on those who are powerless,

poor and disadvantaged.

4. Legal Aspects of Sex Discrimination

Discrimination based on sex is illegal in most developed nations. In the United States,

the federal law Title VII of the Civil Rights Act of 1964 protects individuals from

discrimination based on sex. This law makes it illegal for an employer to discriminate

against individuals because of their sex in hiring, firing, and other terms and conditions

of employment, such as promotions and other job opportunities. Title VII covers all

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private employers, state and local governments, and educational institutions that employ

15 or more individuals. Most states also have their own sex discrimination laws in place.

5. Gender Inequality In Western World

German women are more qualified than men, says Burkhardt, but when it comes to

work, women still earn an average of 23 percent less than their male counterparts.

Women here also face the famous glass ceiling when it comes to promotions - the ones

who do get to the top are few.

According to Burkhardt, several companies are now working actively with universities

to attract more female students towards technical jobs, traditionally dominated by

males. Several German companies have set goals to achieve at least a 30 percent female

employee ratio in top positions with an aim of making it 50 per cent in the near future.

In Pakistan the number of working women is still very low and women are paid only

half of what their male counterparts earn. However, Pakistani companies might see

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more working women in the near future. According to a 2010 Higher Education

Commission report, more than 42 percent of Pakistan’s 2.6 million high school students

in 2010 were girls, up from 30 per cent 18 years ago. In universities, women made up

47 per cent of Pakistan’s 1.1 million university students, up from 23 per cent in 1993.

6. Gender Inequality In Pakistani Society

Gender identity is defined as “each person’s deeply felt internal and individual

experience of gender, which may or may not correspond with the sex assigned at birth,

including the personal sense of the body (which may involve, if freely chosen,

modification of bodily appearance or function by medical, surgical or other means) and

other expressions of gender, including dress, speech and mannerisms.

Any discussion on justice for women would be incomplete without relating it to the

Constitution of Pakistan. The Constitution of Pakistan, rightly described as the

“cornerstone of a nation”1 embodies provisions for social, economic and political

revolution in Pakistan. It is the foremost document that defines and guarantees equality,

justice, liberty and democracy to the citizens of Pakistan. The Preamble declares that

one of the most fundamental provisions of the Constitution is to secure social, economic

and political justice for all its citizens.

In this chapter I examine the provisions of gender justice in the Constitution and the

role of law in securing justice to women. In doing so, I shall also study, the feminist

challenges to the interpretation of the provisions of the Constitution as well as to the

legal discourse. Though the legal terrain has been valuable in the struggle against gender

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discrimination and injustice, some patriarchal notions guiding the interpretation of legal

provisions have compelled a feminist rethinking of law as a tool for gender justice. The

Constitutional guarantees of equality and justice for women had not been met with. It

also argued that the status of women had not improved but in fact had deteriorated since

Independence.

7. Gender Discrimination In Various Aspects Of Life

Discrimination represents a significant social problem in Pakistan as well as

throughout the world. Girls face discrimination everywhere in the world. They often

receive less food than boys do, have less entrée to schooling and work long hours. Why

can’t we see the helpless agony of the girl child in our society? Their ignorance will

certainly beget to forget our cause, which is still fractured in the regions.

In societies where a male child is regarded as more valuable to the family, girls often

are denied the right of life, denied the right to name and nationality. And by being

married off early or forced to stay at home and help in domestic chores, girls are often

denied the right to education and all the advantages that go with it, the right to associate

freely and the rights accompanying unjustified deprivation of liberty. These all are basic

humiliation from family to girls when boys are regarded as the pillars of tomorrow.

A woman is an architect of society. She forms the institution of family life, takes care

of the home, brings up the children and tries to make them good citizens. Her role in

totality contributes to the building of an ideal family, ideal society and an ideal state. In

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order to build the prosperous and healthy society both men and women demand for

equal rights.

8. Discrimination from Home

When we talk about the education system, it reflects the inequality found outside the

classroom. Girls the world over are less likely than their brothers to be attending primary

school. In some cases, where a decision has to be made about which children to send to

school, it is commonly seen that parents decide to invest in their sons’ education rather

than their daughters’. This may reflect the fact that upon marriage, daughters may no

longer contribute to family income and are therefore not seen as worth investing in.

Education is the tool that can help break the pattern of gender discrimination and bring

lasting changes for women in developing countries like ours. Pakistan has for decades

grossly underinvested in education, and in particular, girls’ education. Girls’ education

also means comprehensive change for a society. Educated women are essential to

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ending gender bias, starting by reducing the poverty that makes discrimination even

worse in the developing world.

9. Discrimination at Workplaces

Gender disparity in education is generally manifest in South Asia and in Pakistan

according to UNESCO (2002) data. Access to higher education is a priority for all

countries and, where females have apparently attained parity, areas where they are still

under-represented need to be addressed in both quantitative and qualitative terms

(Jacobs, 1996; Morley, 2007). This tends to be a reflection of the social and cultural

nature of much the region, which, as Ejaz (2007) points out in the case of Pakistan,

arises from "a rigid, restrictive and often misleading interpretation of the status of

women in Islam"(p.19). Contrasting the perceptions of gender role prevailing in

Pakistan, Khalid (2011) distinguishes between conservatives, who promote the

marginalization of women, and liberals, who believe in a full democratic role and

female emancipation. While in developed countries, women now enjoy gender parity in

access to higher education with 52% of tertiary students being female, in developing

countries the proportion reaches just 27% (UNESCO, 2002).

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 Discrimination at work place

The internal structure dynamic is the organizational mechanism of the workplace which

females face from day to day. Females are faced with discrimination in resources,

promotion, salary, negative responses to their management and the politics of power.

The innate ability of females to accomplish professional tasks is not in dispute. The

model indicates that the prevailing socio-cultural view of females in the wider society

is reflected in the internal structure dynamic. To varying degrees of upbringing and

education, the female responds according to the socio-cultural requirements of the

world around her. She will also possess innate motivation and personality, and this mix

of personal psycho-social attributes will determine how she will cope and progress in

her workplace.

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11. Decision Making Institution

Decision making is generally considered male dominated and females have little part of

involvement in policy making tasks in higher education institutions, even when there is

a large number of female faculty is teaching. Females are less likely to be involved in

the decision-making process as they are under-represented in committees, and very few

hold the position of chair. This may be due to communication barrier, so females are

not well informed about important decisions of academics, and other reason could be

internal structure dynamics of institution.

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 Chapter 5

STATUS OF WOMEN BEFORE AND AFTER ISLAM AND

CONSTITUTION OF PAKISTAN

1. Introduction

The Constitution of Pakistan is yet to be framed by the Pakistan Constituent Assembly,

I do not know what the ultimate shape of the constitution is going to be, but I am sure

that it will be of a democratic type, embodying the essential principles of Islam. Today

these are as applicable in actual life as these were 1300 years ago. Islam and its idealism

have taught us democracy. It has taught equality of man, justice and fair play to

everybody. We are the inheritors of these glorious traditions and are fully alive to our

responsibilities and obligations as framers of the future constitution of Pakistan.

2. Status Of Women Before Islam

Under the customary tribal law existing in Arabia at the advent of Islam, as a general

rule women had virtually no legal status. The tribe acted as the main functional unit of

Arabian society and was composed of people with connections to a common relative.

These tribes were patriarchal and inheritance was passed through the male lines; women

could not inherit property. The tribal leader enforced the tribe’s spoken rules, which

generally limited the rights of the women. Women were often considered property to

be inherited or seized in a tribal conflict.

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There were also patterns of homicidal abuse of women and girls, including instances of

killing female infants if they were considered a liability. The Quran mentions that the

Arabs in Jahiliyyah (the period of ignorance or pre-Islamic period) used to bury their

daughters alive. The motives were twofold: the fear that an increase in female offspring

would result in economic burden, and the fear of the humiliation frequently caused

when girls were captured by a hostile tribe and subsequently preferring their captors to

their parents and brothers.

Throughout the human history prior to Islam, women have been victimized and made

to suffer too much. They endured unbearable deprivation, sorrow and oppression in all

past civilizations. In other words, they were treated as if they were not human beings.

The Greeks said regarding a woman: She is like a poisonous tree and she is evil

emanated from Satan. She may be sold like any merchandise.

For the Romans: She does not have a soul. They would torture women by pouring

boiling oil on them or dragging them by horses.

3. Status Of Women After Islam

Islam: The True Liberator of women

After this long history of injustice, Allah, the Most Exalted, showered His Mercy

on humanity by a Religion (Islam), the teaching of which came to change the ugly

human history and to create a life which humanity had never witnessed before in all its

civilizations.

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4. Women In Quran

The Noble Quran, the Muslims' Infallible Book revealed by Almighty Allah, is replete

with verses speaking about women, which indicates the honorable status Islam holds

for them. There is a full Surah (Chapter) named: "Women". This Chapter is among the

longest ones in the Quran. Hereunder are some of such verses (which mean):

• {…And due to the wives is similar to what is expected of them, according to what is

reasonable.} [Quran 2:228]

In Islam, men and women are moral equals in God's sight and are expected to fulfill the

same duties of worship, prayer, faith, almsgiving, fasting, and pilgrimage to Mecca.

Islam generally improved the status of women compared to earlier Arab cultures,

prohibiting female infanticide and recognizing women's full personhood. Islamic law

emphasizes the contractual nature of marriage, requiring that a dowry be paid to the

woman rather than to her family, and guaranteeing women's rights of inheritance and to

own and manage property. Women were also granted the right to live in the matrimonial

home and receive financial maintenance during marriage and a waiting period following

death and divorce.

The historical record shows that Muhammad consulted women and weighed their

opinions seriously. At least one woman, Umm Waraqah , was appointed imam over her

household by Muhammad. Women contributed significantly to the canonization of

the Quran. A woman is known to have corrected the authoritative ruling of Caliph Umar

on dowry. Women prayed in mosques unsegregated from men, were involved in hadith

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transmission, gave sanctuary to men, engaged in commercial transactions, were

encouraged to seek knowledge, and were both instructors and pupils in the early Islamic

period. Muhammad's last wife, Aishah, was a well-known authority in medicine,

history, and rhetoric.

5. Issue of Women in Modern World

Nevertheless, the status of women in premodern Islam in general conformed not to

Quranic ideals but to prevailing patriarchal cultural norms. As a result, improvement of

the status of women became a major issue in modern, reformist Islam.

Since the mid-nineteenth century, men and women have questioned the legal and social

restrictions on women, especially regarding education, seclusion, strict veiling,

polygyny, slavery, and concubinage. Women have published works advocating

reforms, established schools for girls, opposed veiling and polygyny, and engaged in

student and nationalist movements. Nationalist movements and new states that emerged

in the post–World War II period perceived women and gender issues as crucial to social

development. State policies enabled groups of women to enter the male-dominated

political sphere and professions previously closed to them, although these policies often

caused popular and religious backlash.

Debates continue over the appropriate level of female participation in the public sphere.

Women are typically viewed as key to either reforming or conserving tradition because

of their roles in maintaining family, social continuity, and culture. Women's status has

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also been used as a means of defining national identity. Although governments of

twentieth-century Muslim nation-states have promoted education for both boys and

girls as a means of achieving economic growth, the percentage of girls enrolled in

schools in developing countries with large and rapidly growing populations remains

low. Concern for men's jobs has given added incentive to the conservative call for

women to adhere to traditional roles as housewives and mothers, although economic

necessity has led women to undertake whatever work they can find, usually low-paid,

unskilled labor. War and labor migration have increased the number of female-headed

households.

In the contemporary era, women have again assumed leadership roles in the Muslim

world. Benazir Bhutto was prime minister of Pakistan

6. Islam and Constitution of Pakistan

In Islam, men and women are morally considered equal in Allahs sight and are expected

to fulfill the same duties of worship, prayer, faith, alms giving, fasting and pilgrimage

to Makkah. Islam generally improved the status of women compared to earlier Arab

cultures, prohibiting female infanticide and recognizing women’s full person-hood.

Islamic law emphasizes the contractual nature of marriage, requiring that a dowry

should be paid to the woman rather than to her family, and guaranteeing women’s rights

of inheritance and to her own manage property. Women were also granted the right to

live in the matrimonial home and receive financial maintenance during marriage and a

waiting period following death and divorce.

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Women’s rights in Pakistan is a big question often raised in the West. It is believed that

women have no rights or privileges in the male-dominated society of Pakistan. Pakistan

is an Islamic state, where people not only take pride in strictly adhering to the Islamic

values but also are ready to sacrifice their loved belongings for the glory and sanctity

of Islam. Islam has accorded a highly venerated social position to women. Islam

acknowledges the rights and privileges of the women in society. Likewise, Islam does

not impose any restrictions that may hamper the social growth and development of the

woman folk. A woman is equally important member of society. The woman plays a

vital role in building the society on healthier and stronger foundations.

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 Chapter 06

RECENT DEVELOPMENTS IN PAKISTAN

1. Introduction

Women today are active participants in grassroots organizations; development

projects; economic, education, health, and political projects; relief efforts; charitable

associations; and social services. Modern reforms have made polygynous marriages

difficult or illegal; permitted wives to sue for divorce in religious courts, particularly in

cases of cruelty, desertion, or dangerous contagious diseases; provided women with the

right to contract themselves in marriage; required husbands to find housing for a

divorced wife while she has custody over the children; increased the minimum age for

spouses; limited the ability of guardians to contract women in marriage against their

wishes; provided opportunities for minor girls wed against their wishes to abrogate the

marriage upon reaching majority; enhanced the rights of women with regard to child

custody; and allowed women to write clauses into marriage contracts that limit the

husband's authority over them.

2. Transgender Welfare Policy

Mostly known as Khwaja Sira, albeit with many pejorative variants for their personal

and social identity, transgender persons have long been a vulnerable group in Pakistan.

Unlike the narrow understanding of a transgender person in terms of biological

anomalies, World Health Organization (WHO) defines this state of gender as:

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“Transgender is an umbrella term for people whose gender identity and expression does

not conform to the norms and expectations traditionally associated with the sex assigned

to them at birth; it includes people who are transsexual, transgender or otherwise

considered gender non-conforming”.

Government of Pakistan recently passed Transgender Persons (Protection of Rights)

Act2 in May 2018 to provide for protection of rights, relief and rehabilitation of

transgender persons and other related matters. The definition of transgender persons

given by this Act is consistent with the WHO definition. As per the Act, a “transgender

person” can have any of the following characteristics:

Intersex, with mixture of male and female genital features or congenital ambiguities; or

ii. Eunuch assigned male at birth, but undergoes genital excision or castration; or iii. A

transgender man, transgender woman, Khawaja Sira or any person whose gender

identity3 or gender expression4 differs from the social norms and cultural expectations

based on the sex they were assigned at the time of their birth.

According to this definition, any person who identifies emotionally or psychologically

with the sex other than one’s biological or legal sex at birth, irrespective of any later

biological change, would be classified as a transgender person.

For the purposes of this policy, it is important to distinguish between sex and gender.

Sex is assigned at birth and refers to one’s biological status as either male or female. It

is associated primarily with physical attributes such as chromosomes, hormone

prevalence, and external and internal anatomy. Gender is primarily a social construct.

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It refers to the roles, behaviors, activities, and attributes that a given society considers

appropriate for its male and female members.

West and Zimmerman (1987) famously made the argument that gender is constructed

by, and for, social interaction. According to Butler (1990), everyone reflects one’s

internal self through gender and thereby facilitates the social process. From this

perspective, gender becomes a performance for which every person alters outward

appearances to align with an internal sense of gender identity.

Gender identity is defined as “a person’s innermost and individual sense of self as male,

female or a blend of both or neither that can correspond or not to the sex assigned at

birth” 5. While, gender expression is defined as “a person’s presentation of his gender

identity and the one that is perceived by others”.

The term transsexual denotes individuals who desire to discard their biologic sex and to

live (or actually lived) permanently in the social role of the opposite gender, and who

want to undergo (or actually went through) sex reassignment.

In the widely used psychiatric classification system DSM-III, transsexualism first

appeared as a diagnosis in 1980. However, in the most recent version of this system,

DSMIV, the term “transsexualism” was abandoned. Instead, the term gender identity

disorder (GID) was used for individuals who show a strong and persistent cross-gender

identification and a persistent discomfort with their anatomical sex, or a sense of

inappropriateness in the gender role of that sex (Cohen-Kettenis and Gooren, 1999).

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Gender dysphoria encompasses transsexualism as well as other gender identity

disorders and is often still used as a synonym for GID. Gender dysphoria is the term for

distress resulting from conflicting gender identity and sex of assignment.

A new discourse in transgender studies is of Queer Theory. Lorber (1996) asked: “why,

if we wish to treat women and men as equals, there needs to be two sex categories at

all”. This is the essence of Queer theory- a postmodern analysis framing the subversion

and potential elimination of gender binary. Under this theory, sexual and gender

categories are declared “inherently unstable and fluid” (Stein and Plummer, 1996).

3. Punjab set to unveil women development policy

The Punjab Women Development Department has plans to launch the new policy on

the International Women’s Day falling on March 8 (tomorrow). This year, the world is

celebrating the day based on a theme: #PressforProgress.

While the World Economic Forum’s 2017 Global Gender Gap Report tells that the

gender parity is more than 200 years away, the world thinks that it is critically crucial

time to keep motivated and achieve progress.

Since the introduction of the 18th amendment to the Constitution of Pakistan that

devolved various functions to the provinces, the Punjab government has introduced

several laws to support the cause of gender mainstreaming and women development.

However, the absence of a coherent and comprehensive policy was always identified as

a crucial missing link in research and diagnostic studies undertaken by national and

international entities.

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Besides introducing different bills as well as amendments to the existing laws in the

Punjab Assembly, the government had last year approved the Punjab Women

Empowerment Package 2017 that required the women development department to put

in place a policy to address the whole range of women development concerns and

challenges including gender mainstreaming and women empowerment in line with the

spirit of the Constitution, Pakistan’s international commitments and priorities of the

provincial government.

The policy envisions a gender-sensitive Punjab, where women and men enjoy equity

and equality in all walks of life; women and girls are able to fulfill their roles towards

achieving and enjoying individual and collective well-being, development and

prosperity without any explicit or implicit discrimination.

In the new policy, the Punjab government has committed to provide an enabling women

development framework that supports inclusive governance and development in the

province. The government will ensure equal rights and opportunities for women,

alongside men, at the level of family, community, workplace and across all state

apparatus.

In order to achieve policy’s vision, mission and goal in line with the government’s social

development agenda and road map, the Punjab government has identified nine core

objectives. It commits honouring women-related constitutional, family and legal rights;

ensure women’s greater and effective political empowerment and decision-making

rights at all levels of governance and society including provincial assemblies and

elected local governments.

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The policy will be used as an instrument to empower women economically by

increasing and incentivizing workforce participation of women alongside men in the

economic spheres, development programmes and processes in the province to explicitly

respond to the challenges faced by women in accessing economic opportunities.

In order to promote and facilitate equal and prompt access to education for girls

alongside boys including retention at all levels of universal and quality education, the

government will be required to offer improved and wider opportunities for women’s

education and training.

The women development policy will be required to offer quality and affordable health

service delivery and care for women alongside men with a particular focus on maternal

health, women’s reproductive rights and immunisation outcomes.

Another object of the policy will be to ameliorate women’s vulnerability in society

through elimination of discriminatory behaviours and transform negative and

discriminatory attitudes at the social and institutional levels besides adopting zero

tolerance for gender-based violence.

In order to support women, men and families especially those living in fragile

ecosystems, against the adverse impacts of climate change, the policy aims at enhancing

gender responsiveness of natural resource management planning and climate resilient

mitigation and Disaster Risk Reduction Strategies.

The women development department will be responsible for strengthening existing and

introducing additional collection and reporting on gender-disaggregated data. The data

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will support efforts for promoting advocacy, watchdog, research and knowledge

development functions on themes of gender mainstreaming and women empowerment.

4. AGAINST ZIA’S REGIME;

Thirty years ago no ideological arguments were needed to identify the evils that

oppressed women or to contend that religion stood in the way of their eradication.

The position today is that Muslim women (and their allies among men) have to argue

all over again that they are entitled to equality, while a resuscitated orthodoxy has been

emboldened to deny the rights of women that had been accepted after hundred years of

Muslim society's march towards reform and liberalisation. It is not by accident that the

very first page of the report of the Commission on the Status of Women, attempts to

acquit the woman of the charge of pushing Adam out of Paradise!

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"Other faiths have held Eve responsible for the fall, by falling prey to the temptation

of Satan, which made her eat the forbidden fruit, and then in turn tempting Adam. In

the Holy Quran she is absolved of the offence of being first tempted by Satan and in

turn tempting Adam which resulted in the fall of man from the state of bliss and

innocence ... In the following verses of the Holy Quran, the words used are "they"

"them", "their", and "both". Thus equal responsibility and blame devolves on both

man and woman."

5. Women Empowerment In Pakistan

According to Census_2011, population of Pakistan was 177.10 million, as in opposition

to 33.78 million in 1951, out of which 15.61 million comprised of women.

Pakistan’s population is reported for 2.57% of the population of whole world. The

gender ratio was 1.14 in 1972 and it has been decreased to 1.07 in 2011. The women

literacy rate boosted up to 45% male-female literacy gap decreased to 24% in 2011.

Women empowerment in Pakistan depends on various variables such as age, social

status (caste and class), educational status and geographical location (urban/rural). The

following schemes and policies are intended for empowering women and equality of

gender in Pakistan:

1. Protection Against Harassment of Women at the Workplace Act (2010) .

2. Domestic Violence Bill (2008).

3. Hudood Ordinance (1979).

4. The Citizens Foundation.

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 5. The Kashf Foundation (1996).

6. The First Women Bank (1989).

7. Pakistan’s Small and Medium Enterprises Development Authority (SMEDA).

In spite of such effective implication of all policies, there are considerable differences

and differences between policy attainments and concrete performance at economic

level.

According to World Economic Forum (2014), the present condition of gender

differences is frightening and Pakistan ranks after our neighboring country China.

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 Chapter 07
DISCUSSION AND CONCLUSION

 Discussion

At the micro-level of the individual items, gender differences with medium or large

effect sizes identified policy making issues and curriculum monitoring and evaluation

as major areas of perceived discrimination in decision making. This supports the earlier

findings in Pakistan of Quraishi and Kalim, (2008) and in international surveys. It is

consistent to find the professional development areas of capacity building training and

ICT training showing gender discrimination ratings as these are skills that potential

decision makers require. Gender parity is more evident when it comes to the availability

and use of resources, although even here there is evidence that additional support might

not be readily forthcoming. The evidence from this item analysis does not support

Bond's conclusion that females lack access to resources in higher education. A number

of items related to academic affairs show gender effects. With effect sizes being small,

it is deduced that the significant differences in responses to items such as devising

evaluation criteria and formulation of rules and regulations are a consequence of

discrimination in decision making practices. The academic affairs items effectively

operationalize this discrimination. The females feel discriminated against in matters of

promotion, is wholly consistent with their under-representation in the higher post-levels

The small effect sizes for significant gender differences does suggest that this might not

be such a strong factor for as many females as are aspects of decision making. These

findings seem to be conclusive. There are significant differences in perceptions of

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gender equality that are attributable to the respondent's post-level. Those at the higher

levels see less inequality. Those at lower levels, especially lecturers, see more. With a

high proportion of females at the lecturer level, this can appear as a straight forward

gender polarization of views, as happens with Professional Development Practices,

Academic Affairs Practices and Job Satisfaction.

The 21st century is an era of human rights in which the evolution of individuals as well

as of nations would be judged. The concept of human rights acknowledges that every

human being on earth is entitled to enjoy his/her basic rights without distinction as to

race, colour, gender, language, religion, political or otherwise, national or social origin,

property, birth or status.

The Constitution of Islamic Republic of Pakistan guarantees fundamental rights of

every citizen without discrimination on basis of gender. Foundation of the Constitution

of Pakistan 1973 are embedded in Islam, a religion that has recognized all human rights

inclusive of women rights 1400 years ago.

Allah SWT said in Quran: O mankind! Lo! We have created you male and female, and

have made you nations and tribes that ye may know one another. Lo! The noblest of

you, in the sight of Allah, is the best in conduct. Lo! Allah is Knower, Aware. Women

played vital role in every sphere of life side by side with men, in the progress of Muslim

world.

In the urban areas of Pakistan, women are participating in every field of life and working

for the social and economic development of the society. At the same time, condition of

women in rural areas is deplorable amidst heinous anti woman practices like forced

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marriages, rape, vigilante justice, acid attacks, mutilations, honor killings, sawara,

karokare and vani etc.

Constitution of Pakistan supported the equal status of women, adding, “Article 18 of

the Constitution provides equal space to women in every lawful profession, while

Article 25 lays down the principles of non-discrimination and affirmative action in their

case.”

Pakistan was making wholehearted efforts to honor and implement its international

commitments. “The Government of Pakistan has ratified seven core Human Rights

Conventions, including the Convention on Elimination of All Forms of Discrimination

against Women (CEDAW),”

 Equality of citizens

(1) All citizens are equal before law and are entitled to equal protection of law.

(2) There shall be no discrimination on the basis of sex 1[****].

(3) Nothing in this Article shall prevent the State from making any special provision

for the protection of women and children.

The state of education in Pakistan has received a lot of criticism due to a lack of funds

for education in the country, and an unequal distribution of Pakistan's education

resources. There existed no organization promoting education rights in Pakistan, and no

major recognition of the importance of education by the Pakistani government until

1947, when an All Pakistan Education Conference convened, recognizing "Universal

Primary Education" as imperative.

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In 1959, a Commission on National Education was formed, which suggested that the

educational system in Pakistan should pursue quality as an essential objective and

recommended compulsory education for children.

In 1973, Article 37-B of the Pakistani Constitution was created, stating that "The State

shall remove illiteracy and provide free and compulsory secondary education within

minimum possible period." Also created in 1973 was Article 38-D of the Pakistani

Constitution, which states "The State shall provide basic necessities of life, such as food,

clothing, housing, education and medical relief, for all citizens, irrespective of sex,

caste, creed or race, as are permanently or temporarily unable to earn their livelihood

on account of infirmity, sickness or unemployment."

In 2010, Article 25-A of the Pakistani Constitution was created, stating that "The State

shall provide free and compulsory education to all children of the age of five to sixteen

years in such manner as may be determined by law."

Shortly after the passage of Article 25-A in Pakistan, ITA started the RTE campaign as

a means of raising awareness for the new constitutional amendment, and promoting its

enforcement.

 Conclusion

Genders other than Male face a mass of discrimination in every walk of life. Though

the Girls as well as Trans genders face these problems from their own home. As there

is a class system in every society simultaneously male has made such Class

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discrimination in the system of genders. Limited education and training, poor health

and nutrition, and denied access to resources don’t only depress the women's quality of

life but also cause to hinder the economic efficiency and growth. This is alarming

because women are agents of change, shaping the welfare of future generations.

Regarding Transgenders The constitution of Pakistan provides an ambit to let every

gender acquire education as their basic and fundamental right which cannot be

challenged and snatched at any cost. Though women education was continued from

1973 as their basic right but trans genders were deprived of their right of education and

which was resettled to provide them the education in 2014. . When Allama Iqbal

Open University provided facility of free education for trans genders. Though Women

and Transgenders face lot of discrimination by all means. Constitution provides no

discrimination but male Dominent factor paralyses the other genders, which needs to be

eradicated.

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  References

 Constitution of Pakistan 1973

 Human Rights Declaration
 Women's Rights are Human Rights - OHCHR
 Universal Declaration of Human Rights.
 Convention on the Elimination of All Forms of Discrimination against Women
 IOSR Journal of Business and Management (IOSR-JBM) e-ISSN: 2278-487X.
Volume 8,
 Issue 2 (Jan. - Feb. 2013), PP 88-97 www.iosrjournals.org
Global Journal of Arts humanities and Social Sciences Vol.3, No.4, pp. 63-67,
April 2015 Published by European Centre for Research Training and
Development UK
(www.eajournals.org)
 United Nations. (2006). Ending Violence Against Women: From Words to
Action.
Geneva: UN. United Nations. (2015).
 The World's Women: Violence against Women. United Nations, United
Nations Statistics.

Online References

 https://www.ohchr.org/EN/ProfessionalInterest/Pages/CEDAW.aspx

 https://www.dawn.com/news/860228
 https://tribune.com.pk/story/648549/yes-men-face-gender discriminationtoo/
 https://www.pakistantoday.com.pk/2017/10/08/gender-discrimination-inpakistan-part-
2/
 https://www.nytimes.com/2014/08/21/opinion/bina-shah-the-fate-offeminism-in-
pakistan.html
 https://dailytimes.com.pk/115154/gender-discrimination-in-pakistan-2/
 https://www.dawn.com/news/860228
 https://tribune.com.pk/story/1667984/1/

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