Need for gender dialogue

In terms of efforts made towards improving the situation of gender

disparity, there are many to count
Shakeel Ahmed Shah | July 08, 2023
Gender disparity in Pakistan remains a high concern, alongside
many other human rights issues. Different sources provide
evidence to gender-based violence in the form of honour killing,
acid attacks and sexual assaults. The reported figures are in
thousands. Also, gap in labour participation, gender-disparity in
literacy rate and discrimination in wages are only a few of the
many issues prevalent in Pakistan.
In terms of efforts made towards improving the situation of gender
disparity, there are many to count. For instance, there is a separate
ministry for human rights, along with departments for social
welfare and women’s development. Not a few, but many civil
society organisations (understood as development sector
organisations) are voicing for and working towards minimising the
gendered issues. Whether these are sufficient in number can be a
question one may ask, but equally pertinent to ask is how gender
and gender issues are understood in the context of Pakistan,
particularly by organisations and people in these organisations
voicing and working for improving the situation.
Working with development sector organisations, I have participated
in several events for deliberations and discussions on gender
issues. Most discussions end up on simple agreement on issues
prevalent now and then; some of them trigger heated atmospheres
with exchange of judgmental arguments. What never came across
in these events are the questions: Do people and organisations
understand the essence of “gender dialogue”? Have they thought
about fostering an open and free gender dialogue? Have they
thought about creating public spaces for gender dialogue? Absence
of these questions in discussions and deliberations around gender
and gender issues points towards a lack of philosophical
engagement on this subject. This may be one reason behind slow
progress in terms of attaining gender empowerment, as the
programme directions determined by people and organisations do
not emerge from in-depth understanding of the issues.
Engaging in an open and free gender dialogue is an important
philosophical endeavour, where conversation becomes a form of
art. The interplay of diverse perspectives and narratives creates a
rich tapestry of understanding. The beauty lies in the harmonious
exchange of ideas, the exploration of contradictions, and the
possibility of transcending boundaries to create new insights and
possibilities.
Dwelling on the epistemology of gender, which stresses on gender
dialogue for philosophical inquiry into nature of gender, it should
be first acknowledged that the understanding of gender is not fixed
or predetermined but is rather socially constructed and subject to
interpretation. By engaging in an open gender dialogue and
exploring diverse perspectives, one would be able to recognise the
complexity and fluidity of gender and gendered issues, and thereby
encouraging a more nuanced understanding. Thus, with a nuanced
understanding, one would be able to develop more effective ways
to mitigate the issues in hand.
Also important is to supplement the dialogue process by sharing
personal narratives (phenomenology of lived experience) to
contribute to a collective understanding of gender that goes beyond
normative beliefs around gender. This may allow exploration of
subjective experiences, highlighting the diversity of gender
experiences and challenging both essentialist and reductionist
perspectives.
To hold these dialogues, question of space is of utmost importance.
Space can be physical or virtual, but it should inclusive, safe and
adaptable. Public spaces for gender dialogue have a transformative
potential that aligns with critical theories of social change. By
providing a platform for critical reflection, dialogue and collective
action, these spaces become sites of praxis, where theory meets
practice, and individuals can actively participate in the process of
social transformation.
There may be other opinions, but one here is that there is need to
enhance in-depth understanding of gender and gender issues. This
can be attained by holding free gender dialogue in a public space
and engaging with philosophical perspectives before determining
the practical measures.

Pink battle
Navaira Ali Bangash Published October 19, 2023
 the average age of diagnosis has shifted in women from the
sixth to the fourth and third decades of their lives.
 countries like Pakistan where breast cancer occurs more often
in comparison to other Asian countries.
 The total number of breast cancer cases diagnosed In 2020 in
Pakistan was 25,928, according to GLOBOCAN 2020. This
accounts for 14.5 per cent of new cases detected in the
country throughout the year. The infamous ‘one in every nine
 women’ ratio of Pakistani women becoming afflicted with
breast cancer is at once frightening and alarming.
 Pakistan, sadly, also has the highest mortality rate among
Asian countries.
 Meanwhile, a study conducted by Zunaira Shoukat and other
researchers indicated that a staggering 63.2pc of its
participants lacked knowledge about breast cancer and 64.7pc
were ignorant about mammography screening.
 Lack of awareness even in educated women, also ignorance
about symptoms and inhibitions. Each year over 83,000 cases
of breast cancer are reported in Pakistan. And most cases are
at advanced stage.
Non-modifiable risk factors for breast cancer:
aging, genetic mutations, family history, etc.
Modifiable risk factors
sedentary lifestyles, hormone therapies and certain habits such as
smoking.
What should be done?
screening, early detection and minimising risks, timely treatment.
 Govt. and NGOs initiatives don’t reach rural areas and results
remain saddening.
 The American Cancer Society says that women between 40
and 44 years should be given the choice to go for annual
breast cancer screening with mammograms while those from
45 to 54 years should be advised to get mammograms done
every year. Unfortunately, mammography is only available to
a particular segment of society that can afford the facility.
 More screening centres in remote areas
  Subsidized BRCA mutation testing for a subset of eligible
patients, because we cannot forget that the annual burden of
the disease is 12.5pc of new cancer cases.
Conditions in Pakistan, Steps Taken till now:
 Screening facilities in government hospitals are severely
overstretched (not enough)
 rural areas are deprived of primary healthcare,
 The PC-1 of a project to establish screening units in seven
hospitals across KP in collaboration with the Institute of
Radiotherapy and Nuclear Medicine was approved last year to
ensure the ‘availability of world class screening facilities free
of cost’ to the masses. The project faced red tape bureaucratic
and administrative) issues and has been delayed; once
functional, it will go a long way towards ensuring the well-
being of the people of KP.
 Another noteworthy project is the recently inaugurated KHAS
hospital in Shikarpur in interior Sindh.
 Limited access to genetic counselling, affordability issues in
low income countries and complicated testing criteria in the
BRCA-1 and BRCA-2 gene mutations that are the strongest
risk factors for breast and ovarian cancers to date.

Greater representation
Editorial Published September 21, 2023 0
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PAKISTAN now stands at a significant juncture, with the names of
11.7m more women added to the voter list, signalling a tangible
stride in mitigating the deep-rooted gender gap in voter
registration. Recent data released by the Election Commission of
Pakistan is indeed heartening: it illustrates a pronounced increase
in the number of registered women voters, which has surged from
47m in 2018 to a commendable 58m as of July 25, 2023. Despite
this significant progress, a gap remains, evident from the 10m
fewer women of voting age compared to men in a nation where
women represent 49pc of the population. Over 21m voters have
been incorporated since the last general elections, with the male
voter populace burgeoning to 69m, spotlighting the persistent need
to amplify initiatives that are aimed at uplifting women’s electoral
participation. Looking at the remarkable progress across the border,
where India noted a higher female voter turnout (67.18pc)
compared to males (67pc) in the 2019 Lok Sabha election, we are
reminded of the transformative potential of fostering a robust
female voter base. In contrast, Pakistan’s 2018 general election
presented a glaring disparity with a 47pc female turnout compared
to 56pc male turnout — a substantial gap representing 11.18m
untapped potential female voices.

The trend continued In the subsequent 98 by-elections where

women constituted a mere 40pc of the total ballots cast. Yet, a
silver lining exists in the conscious policy initiated in 2018 to
separately count women’s votes, offering a focused lens to analyse,
understand, and methodically address regional disparities. At this
critical juncture, political parties, particularly entities such as the
PTI which championed women’s voter participation in 2018, must
galvanise to nurture an electoral landscape where gender bias finds
no ground. As we inch closer to the next electoral milestone, a
concentrated effort to enhance awareness and facilitate
empowerment must be at the forefront of our democratic strategy,
rallying to not only eradicate the gender disparity in voter
registration but to also foster a vibrant culture that celebrates the
voice and vote of every Pakistani woman. A holistic approach
involving government bodies, civil society, and community
organisations can craft a future where the electoral arena is a true
representation of Pakistan’s diverse populace, echoing the unified
voices of 58m women in harmony with their male counterparts.
SOCIETY: DOCTORS DOING LITTLE
Sara Danial Published September 24, 2023 0
More women doctors will help ease the burden in the healthcare
system which simply does not have the capacity to care for
patients. | Photo by Fahim Siddique/White Star
As many as 35 percent of female medical doctors are unemployed
in Pakistan, even though the world’s fifth most populous nation is
in dire need of skilled medical professionals, according to a report
by Gallup Pakistan and PRIDE.

The study, utilising data from the Pakistan Bureau of Statistics and
specifically concentrating on female medical graduates, conducted
an analysis of the Labour Force Survey for the year 2020-21.

Is it concerning? Yes. Is it surprising? No.

When I recently went into surgery at a reputed local hospital in
Karachi, the Operating Room had two men and six women on duty,
for a surgery that required immediate and urgent attention. It not
only shows the competency level of females, but also women’s
greater ability to cope, both mentally and emotionally, with the
stress of the surgical wing. But do the study’s numbers lie? No.

Many of the female doctors I know in my own family have been

unable to pursue the field due to various reasons. Having spoken to
them to know the underlying reasons, I came to know that, besides
the usual job market and economic dynamics, the problem really
begins at home.

A large number of female doctors are not practising medicine, even

though Pakistan desperately needs their services. What can be done
to bring them into the workforce?

Firstly, societal norms and cultural barriers often limit women’s

mobility and employment opportunities, rendering it difficult for
them to pursue careers in certain regions or specialties. This gender
bias can discourage many female doctors from actively seeking
employment.

Secondly, the healthcare sector in Pakistan faces infrastructure and

resource constraints, leading to fewer job opportunities. The
healthcare system’s capacity to absorb new graduates is limited,
exacerbating unemployment issues.
Discrimination and bias within the healthcare industry itself also
play a role. Female doctors may face unequal treatment or be
overlooked for promotions and job opportunities, contributing to
their higher unemployment rates.

Lastly, and most importantly, the lack of affordable childcare and

family support systems can make it challenging for female doctors
to balance their professional and personal lives, leading some to
delay or forgo their careers altogether.

The ‘doctor-bahu’ [doctor-daughter-in-law] syndrome — wherein

doctor brides are sought after only as a status symbol and medical
education is obtained only to enhance marriage prospects —
coupled with the demand for wives to become roti-making
machines at home continues to riddle society.

Women doctors also complain of discrimination in the healthcare

sector | Reuters
As of 2022, the fee for studying one year at an average private
teaching hospital was nearly Rs 1.7m. Do the maths for the four or
five years required to obtain a degree. This is what the girl’s
parents invest in her medical education — not counting the
investment by and opportunity cost to the state — only for this
investment to go down the drain when she gives up her career after
marriage.

Addressing these multifaceted issues: gender bias, healthcare

infrastructure, workplace discrimination, and family support, is
crucial to reducing the unemployment rate among female medical
doctors in Pakistan.

Firstly, implementing targeted affirmative action policies to

promote gender equality within the healthcare sector is vital.
Introducing legislation that mandates equal opportunities for
women in medical institutions is important. This includes
providing incentives or grants for medical institutions to hire and
retain female doctors, offering equal opportunities for career
advancement, and eliminating gender-based discrimination to meet
diversity targets.

Establishing mentorship programmes and professional

development opportunities, specifically designed to help female
doctors advance in their careers, will also encourage women in
continuing their medical trajectory.

Investing in the expansion and improvement of healthcare

infrastructure will also create more job opportunities for female
doctors. Building and equipping healthcare facilities can help
absorb the surplus of medical professionals. Simultaneously, it also
bolsters the nation’s healthcare system.

Collaborating with private sector organisations and investors to

fund and develop healthcare infrastructure projects can accelerate
the process and ensure sustainable development. Investing in the
training, education and development of female doctors, particularly
in areas where they are most needed, will ensure that, as healthcare
facilities expand, there is a skilled workforce to fill the positions.

Offering flexible work arrangements and childcare support for

female doctors will enable them to balance their professional and
personal lives effectively. Creating a supportive environment
where women can pursue their careers while fulfilling family
responsibilities is essential.

Do we have daycare facilities in hospitals, or anywhere in the

corporate sector of Pakistan, barring a few that I can count on my
fingers? While we do have private daycare centres, the commute to
and from the workplace is a task in itself, considering traffic, petrol
prices and distance, apart from the school pick-and-drop. It is not
sustainable to leave one’s workplace that many times.

Addressing the unemployment of female doctors is not only a

matter of healthcare access and gender equality. It has a direct
impact on overall societal wellbeing. By actively working towards
this, Pakistan can harness women’s potential to address its primary
challenges and promote a healthier society with a liveable future.

NCSW highlights recent achievements for women empowerment

Syeda Shehrbano Kazim Published July 11, 2023
ISLAMABAD: The National Commission on the Status of Women
(NCSW) held a coordination meeting to share with participants
some of its recent achievements and discuss how to strengthen
communication around the critical work it was doing.
NCSW Chairperson Nilofar Bakhtiar spoke on the recent
unprecedented success in women’s economic empowerment,
saying: “For the first time, NCSW was included in the PSDP and
we have had two projects approved in the PSDP that are both very
significant for women’s empowerment”.
She added: “The first project is the Prime Minister’s Women on
Wheels initiative for which funding for 22,000 scooties has been
approved. Under the programme, there are 4,000 scooties for each
province and Islamabad and 1,000 each for GB and AJK. Every
woman between the age of 18 and 55 years who earns between
Rs30,000 and Rs150,000 will be eligible for this. The financing
will be available through banks and the government will subsidise
half of the cost so that the monthly installment will be
approximately Rs4,000. This programme will be implemented by
NCSW entirely and I promise the women of Pakistan that this will
be completely transparent and done through balloting.”
The second project Is for building 440 daycare centres in
government tertiary care hospitals and universities.
The centres will be open to all women but they will especially
facilitate women doctors and nurses who are unable to work once
they have children.
“We will be providing the equipment, furniture and staff for the
centres while the brick mortar space will be provided by the
institutions where they will be housed,” she added.
NCSW Secretary Khawaja Imran Raja said: “We have made
steering committees with all the relevant stakeholders to bring
these projects to fruition and will have independent project
management units who can ensure that they run effectively. We are
also making a digital app for monitoring and complaint
tracking/redressal.”
He gave an overview of the objectives of the commission and said:
“Established in 2000 by statute, the NCSW is the outcome of the
national and international commitments of Pakistan. The vision of
the commission is a democratic, just, peaceful and tolerant society
where diversity is celebrated.”
He said the NCSW was a promoter, facilitator, coordinator,
sustainar, custodian and advocate of an empowering national
narrative and discourse on the status of women and women’s
rights.
Recent publications by the NCSW were shared with the
participants, including the Strategic Plan 2022-25 which was
conceived through a consultative process to establish the
commission’s direction. There were also a report and
recommendations on the Covid-19 impact on women, climate
equity: women as agents of change and digitisation and women in
Pakistan.
The commission has also made a national gender data portal
whichh is an authentic source of information containing both
publications and articles as well as data sets.
Ms Bakhtiar while talking to media said: “My wish is that you own
NCSW. We are doing a lot of work, a lot of activities but we do not
get the requisite space in media which is essential. I cannot express
how many segments of women and marginalised groups look to us
to support their causes – be it nurses or stewardesses, transgender
communities or students. Our cause is national, universal and
without the support of the media the results are halved.”
Maternal mortality
Editorial Published July 12, 2023
SOME dismal data should force us to question ourselves: for how
long will Pakistan’s mothers die to give birth? A recent progress
report published by three agencies of the UN shows Pakistan
ranked third among the top 10 nations with the highest rate of
maternal and neonatal mortality and stillbirths in 2020. The
country’s total record was an alarming 474,000. Maternal deaths
rose to 10,000, stillbirths stood at 207,000 with 257,000 neonatal
fatalities. The picture turns darker with Trends in Maternal
Mortality report. Released some months ago, it threw up crushing
snags in the wellbeing of women; maternal deaths “either increased
or stagnated” in most parts of the globe — a woman loses her life
to pregnancy or childbirth every two minutes, resulting in over
280,000 casualties a year. Therefore, the organisations believe that
if the world slackens, slowing progress to meet global targets to
lessen maternal deaths, it will put over a million women in danger
by 2030.
It has been repeatedly pointed out that the arrant Imbalances in
urban and rural health services, inadequate nutrition, absence of
access to health needs and poor awareness are killing our women.
Anaemia, haemorrhage and deficiencies are among the most
common causes of deaths. And a majority of rural deliveries are
carried out by unskilled midwives who must be the focus of
government-led training programmes, in collaboration with health
experts and aided by mass distribution of safe delivery supplies. In
short, traditional birth methods should be strengthened with
professional healthcare to make active use of resources, awareness
and quality. The controversial area of contraception, hostage to
religious politics and patriarchy, robs an uneducated woman of her
reproductive rights, who then conceives more often than her body
can endure. Authorities cannot shy away from false ‘taboos’; these
have to be defied with forceful media campaigns and door-to-door
drives by health workers to educate clans, especially men. Mothers
cannot fear birth.

March 9, 2022
Pakistan’s Women Parliamentarians Legislate More Actively Than
Male Counterparts, Report Finds
Although Pakistan’s female parliamentarians accounted for just
one-fifth of the Parliament, female members of Parliament (MPs)
introduced 35 per cent of the 2021-22 parliamentary agenda and on
average attended more National Assembly sessions than their male
counterparts.
According to the Annual Women Parliamentarians Performance
Report 2022 released by Free and Fair Election Network (FAFEN),
this year female parliamentarians were more active in parliament
than they have been since the 15th National Assembly took oath in
2018.
Female parliamentarians sponsored 38 per cent of the 2021-22
parliamentary agenda in the National Assembly, and 25 per cent in
the Senate.
Female MNAs attended 76 per cent of National Assembly sittings,
compared with male MNAs who attended just 60 per cent of NA
sittings. In the Senate, female senators attended an average of 77
per cent of all sessions, while male senators attended just 70 per
cent.
For every 10 agenda items a female MNA contributed to the
assembly’ Orders of the Day, male MNAs contributed just five. In
the upper house, female senators contributed nine agenda items to
the Orders of the Day on average and male senators contributed
seven.
Despite the significant contribution of female parliamentarians,
nearly 20 per cent of female MNA agenda items lapsed or
remained unaddressed. Excluding parliamentary questions, the
percentage of unaddressed legislative and representative agenda
reached 55 per cent.
Female parliamentarians tackled a range of issues during this
period, including, Covid-19 vaccination efforts; workers’ rights and
entitlements; inflation; energy supply and pricing; child and human
rights; international trade and commerce; and water management.
Final Autopsy Report Finds Nine-Year-Old Child Maid At Ranipur
Mansion Was Tortured To Death

Women and the law

By M Shahrukh ShahnawazAugust 28, 2023
The Islington Crime Surveys conducted in the 1980s by UK-based
criminologists found that 73 per cent of women were concerned
about going out alone at night, and 68 per cent took some form of
avoidance action at night because of fear of crime.
This shows how women have to be extra cautious when they are
out and alone. Ideally, law-enforcement agencies are there to
protect the rights of individuals, but the cases of custodial death
and rape in Pakistan say otherwise. In fact, the victim-blaming
comments by the former CCPO of Lahore following a motorway
rape case that occurred at night also show the bias of those who are
supposed to protect women.
But the situation is not limited to Pakistan. There have been cases
where countries have passed laws which violate the constitutional
rights of individuals like what we saw in the US soon after the 9/11
terrorist attacks.
German philosopher Theodor Adorno and legal adviser Gustav
Radbruch argued that laws passed by Nazi Germany to commit
atrocities were ‘legal’ for being backed by legislation and the
judiciary, but invalid and illegitimate for violating natural justice.
This view led to the rejection of the Nazi officials’ plea of
following their superior’s legal order for committing international
crimes, during the Nuremberg Trials. States, however, continue to
violate human rights, especially women’s rights, on the pretext of
security.
It is worth mentioning that the UN Convention Against Torture and
the UN Convention on the Elimination of All Forms of
Discrimination Against Women protect women when arrested.
Pakistan is party to both these conventions and, therefore, bound to
implement and enforce every safeguard while arresting any woman
especially during night.
The Criminal Procedure Code (CrPC) 1898 provides under Section
167 to not hand over the custody of a woman accused to the police
for investigation. She will be interrogated in prison, in the presence
of a jail officer and a female police officer. The police can have her
custody in case of murder or dacoity, but in the company of a
female police officer, and not between sunset and sunrise.
This principle of refusing the custody of a woman to police,
especially during night hours, is also applicable while making
arrests. It can be argued that Sections 165 and 166 of the CrPC
empowers the police to arrest the accused on the possibility of
escaping and destroying evidence. However, this is not applicable
with respect to women accused who are vulnerable to custodial
rape and torture. And they should only be arrested during daytime,
in the presence of a female police officer.
But what we see is that the police abuse their ample powers of
arrest under Section 54 of the CrPC – the colonial master’s
favourite provision – and under Section 151 for preventive action,
which usually violates human rights as individuals are arrested
merely on suspicion, instead of on the basis of committing an
offence.
Section 48 protects women when the police forcefully enter a
house, by exercising restraint when breaking open the ‘zanana’
(occupied by women) and allowing them free ingress under
Section 47. Under Sections 46 and 50, reasonable force should be
used when arresting. The mode of searching women is provided
under Section 52. Sections 53-A and 164-A protect victims of rape
during investigation. And Sections 60, 61, and 167 provide for the
production of arrested women within 24 hours before the
magistrate.
Women can be released on bail by police officers in non-bailable
offences under Section 497 as a rule, and not an exception. The
Supreme Court of Pakistan recently upheld this view in ‘Mst
Ghazala v The State.’
Article 10 of the constitution provides for producing arrested
women within 24 hours before the magistrate and to be defended
by the pleader of their choice. Article 13 protects women against
double jeopardy and self-incrimination, while Article 14 protects
their dignity and against torture.
Under Islamic law, allegations to the dignity of a woman are
prosecuted under Qazf as Hudood, if she is arrested during night
and in the absence of a woman police officer, because it is not
permissible for a man to touch the face or hand of a woman who is
not ‘mahram’, as Section 46 provides for touching the body when
arresting someone.
In the past, Fatima Jinnah was unfairly treated in 1964 after she
held the largest nationwide protests in Pakistan’s history in Dhaka
and Karachi. Benazir Bhutto was arrested and her rights provided
in the constitution, drafted by her father’s government, were
violated many times before she became the first female Muslim
prime minister.
Aafia Siddiqui was illegally arrested and handed over to the US
under terrorism allegations but was never tried for terrorism,
instead she was tortured – apparent from her released pictures –
and convicted for firing upon an officer while in custody in self-
defence.
Amnesty International wrote a letter to the former interior minister
for the illegal arrest and arbitrary detention of Mahal Baloch. Just a
few days back, Advocate Imaan Mazari was arrested during the
night hours from her home, violating her constitutional protections
and dignity at night.
Such incidents are stark examples of violations of human rights in
Pakistan. The country must follow the law when making arrests,
especially when a woman is involved in such arrests.
Children

Challenge child labour

By Dr Naazir MahmoodAugust 28, 2023
The Human Rights Commission of Pakistan (HRCP) is one of the
very few organizations in Pakistan that raises its voice against child
labour and violence against minor workers. In Islamabad, Nasreen
Azhar and Saadia Bukhari of the HRCP keep inviting interested
people to discuss human rights violations; one such consultation
took place on August 22 to highlight child labour in Pakistan.
Since such events receive scant coverage in electronic, print, and
even on social media, this column shares some of the ideas
discussed. First, it is no secret that child labour is rampant in
Pakistan. A study by the ILO has revealed that one in every four
households in Pakistan employs a child in domestic work and
many of them are just 10 or 12 years old. Like in most other
countries, there are laws prohibiting child labour in Pakistan but
their weak implementation is one of the root causes for rampant
child labour in the country. There is also a high level of cultural
acceptance that makes it a social routine. Recent incidents of
physical and sexual abuse of domestic workers across Pakistan
have once again brought this issue into limelight.
Hassan Mangi from the Ministry of Human Rights linked child
labour with widespread malnutrition among underage children as
most domestic workers do not receive the required amount of food
for their mental and physical growth. As a result, they remain
stunted and even when they grow up they are unable to challenge
their employers for mistreatment meted out to them. Girl children
are even more vulnerable to such abuse and exploitation. A
majority of parents who leave their children for domestic work are
extremely poor and mostly illiterate. Children themselves have no
say in such decisions that their parents impose on them.
Mangi explained that his ministry was trying to develop a
mechanism to eradicate child labour but there are insurmountable
obstacles on the way. For example, there is no accountability of
employers who hire such children unless an incident of abuse
becomes public. He suggested that the government must allocate
funds for rehabilitating such children to schools where they should
be at their age. Poor parents can’t send their children to schools
unless they have enough to feed their family. So, poverty
alleviation should be one of the primary tasks without which child
labour is likely to continue.
Senator Sehar Kamran is a vocal advocate of human rights and has
been advocating the inclusion of civic education in school syllabi
in Pakistan. She is of the view that just pumping money will not
help unless a proper mechanism is in place to prevent child abuse
that has gained an enormous proportion. It is a major crisis that
needs immediate attention and all families that indulge in offering
and using child labour should face the music. Since education till
the age of 16 is compulsory by parliamentary legislation, the
government must ensure that this law prevails.
Again, she highlighted that without poverty alleviation the dream
of sending every child to school will remain elusive.
Implementation of laws is directly linked with the seriousness of
political and social will that is in short supply; as even families of
bureaucrats, judge, and religious leaders such as spiritual
charlatans not only use child labour, they abuse, exploit, and
torture them as well. Rapes and other sexual abuses of minors have
become pervasive. Social awareness campaigns may help, but the
governments from federal to local and provincial levels need to do
much more.
Anees Jilani of Society for the Protection of the Rights of the Child
(SPARC) is another indomitable fighter for children’s rights in
Pakistan. He has been advocating for a complete eradication of
child labour in the country for decades. He suggested that naming
and shaming the culprits of child abuse and exploitation in child
labour may be just one tactic but this is unlikely to help unless a
complete social boycott of the culprits is exercised. He thinks the
state does have the capacity to enforce fundamental rights but it
fails for its own lack of will. He strongly advocates civic education
in all schools and colleges across Pakistan.
Anees Jilani highlighted the significance of educating every citizen
for implementing laws be they for compulsory education, against
child labour, or to prevent child marriages. The media must play its
due role not just by highlighting the cases of abuse and torture but
also by allocating more time to social issue rather than just political
matters. The cases of Fatima and Rizwana are just a tip of the
iceberg as abuse – both physical and sexual – is more common
than people think. He blamed successive governments for
restricting civil society organizations (CSOs) in their scope of
work.
Shazia advocate carried the discussion forward by agreeing with
Anees Jilani that if a state does not allow CSOs and NGOs to work
freely, it ends up with a limited social space for concerned citizens.
Advocacy is vital for any dynamic society and in the absence of
such voices the situation moves from bad to worse. The ICT
Domestic Workers Act is in place but the concerned offices and
their staff are least bothered about implementing the Act. Each
office throws the ball to another’s court and refuses to act in a
decisive manner.
Fauzia Yazdani is another strong voice on this front who has been
regularly contributing to the struggle against child labour and for
the protection of fundamental rights. She cited a couple of
incidents to support her point about how dangerous it is for
children under 16 to work. She highlighted the importance of
family planning as a major issue as even advertisements for
promoting family planning have nearly disappeared from the
media. CSOs and NGOs are finding it difficult to work and
children are left with no education; dropouts from schools are
common.
Alya Syed exposed the criminal response from the state to deal
with child abuse and exploitation. State functionaries try to hide
facts and protect criminals as has been evident in many recent
cases. When NGOs highlight such cases the state is not entirely
happy and its officials question the integrity of social workers and
human rights defenders. Raising our voices is the only solution as
Pakistan has become a graveyard of laws that remain on paper
without implementation. The HR ministry should step up its efforts
as it is also responsible for many lapses.
Raza Ali also spoke about exploding population and the
ineffectiveness of oversight bodies against child labour. As
politicians keep targeting each other, child trafficking has increased
and the labour department is sleeping. He pointed out that boys are
more abused in factories and workshops. CSOs would do better by
getting to know the relevant laws in detail as we are all
accountable. He also stressed on collecting accurate data on a
countrywide basis about child labour. Government officials who
indulge in using child labour must lose their jobs, he suggested.
Pervez Tahir – renowned economist and human rights defender –
highlighted the unjust distribution of resources as a major cause of
child labour. There is a wide income gap that aggravates the living
conditions for the lower socio-economic strata. Most human
development indicators are dismal and a small proportion of rich
people are responsible for most exploitation in society. Pakistan
needs to control the population explosion so that compulsory
education could become a reality. The government and the state
must be challenged in courts if they fail to implement Article 25-A
of the constitution.
How not to waste food
The International Day of Awareness of Food Loss and Waste was
observed on September 29, 2023.

How can the law help domestic workers?

By Mehnaz Akber AzizSeptember 05, 2023
Slogans of banning child domestic workers are making headlines
once again in public seminars and media, gaining attention of the
wider civil society due to two ghastly incidents recently.
Rizwana, a 14-year-old domestic maid, was skinned from the head
that was left to be infested with maggots. The extent of her
suffering is harrowing – her frail body had the weight of multiple
painful injuries: fractured teeth, ribs and visible strangulation
marks. The employer – wife of a judge and resident of Islamabad –
tortured the girl for months who was given in bonded labour by her
parents.
Within weeks, there was a second case – in Khairpur Sindh – that
left the whole country shocked. A 10-year-old domestic maid,
Fatima, could be seen in a CCTV video, writhing in pain and dying
in the house of an influential local ‘pir’, the employer. Beaten and
tortured, the death was caused due to rape multiple times.
The abuse meted out to child and women domestic workers is not
new and time and again media picks up a case and it gains
momentum publicly. A study by the International Labor
Organization (ILO) determines that one in every four households in
Pakistan hires a child domestic worker. According to another ILO
survey, 8.5 million domestic workers are employed in the country
who lack basic education or skills to find alternative employment,
so they opt for this mode of earning to escape abject poverty and to
earn bread and butter for their families.
Domestic work is generally undervalued, invisible and informal as
most of these workers belong to most underprivileged
communities. They are always susceptible to discrimination with
regards to forced or child labour, working conditions, terms of
employment, denial of rightful wages, lack of inspection and law
enforcement involvement.
The constitution of Pakistan clearly provides a range of provisions
with regard to labour or domestic workers rights. Article 11 of the
constitution prohibits all forms of slavery, forced labour, services
of cruel nature and children (below the age of 14 years) engaged in
any “factory or mine or any other hazardous employment”. Article
23 provides protection to every person against being deprived of
their property. This article is against the bonded labour system that
is also prohibited under the Bonded Labour Act.
Article 25 lays down the right of equality of all the citizens before
the law and prohibition of discrimination on the grounds of sex
alone. Similarly, Article 37€ obligates the state to make provisions
for securing just and humane conditions of work, “ensuring that
children and women are not employed in settings unsuited to their
age or sex”. Moreover, Article 38(a) obligates the state to promote
social and economic well-being of people by “equitable rights of
employers and employees”.
Consequently, there has been a country-wide realization to
undertake concrete policy reforms, legal steps and compliance to
protect domestic workers, especially children. In this context, the
Punjab Domestic Workers Act 2019, complying with global norms
and International Labor Organization’s agreements was enacted by
the provincial assembly of Punjab.
In similar vein, to cater for a huge number of domestic workers
living in the Capital Territory of Islamabad and an increasing
number of incidents involving abuses and ill-treatment against
them, parliament enacted the Islamabad Capital Territory Domestic
Workers Act, 2022 which was moved by this author and that
entrenched a legal and contractual mechanism to regulate and
protect the rights as well as employment conditions of domestic
workers.
As a much-needed initiative, I introduced the Act that recognized
the economic and social value of thousands of domestic workers
residing in Islamabad by bringing them into the mainstream as
against their previous exclusion from labour and social protection
coverage. Most importantly, the Act banned children under the age
of 15 years from being employed. Prior to the Act domestic
workers were considered as ‘invisible’, with their employment
status not more than ‘modern-day slaves’, while the Act introduced
key injunctions given as below:
One, the Act prohibits working of a child below the age of 15 years
in a household. Two, the Act allows children under the age of 18
years to do light work in a household, which entails domestic work
that is part time in nature and is not likely to harm the child’s
health, safety and education. Three, the Act further restricts bonded
labour or partly forced labour.
Four, an employer cannot assign extra work to the domestic worker
without his/her free will. Five, the Act extends benefits for a
domestic worker, including medical care for not only the worker
but also his/her dependents. Six, other benefits include any
contribution by the employer in respect of persons employed with
him under any scheme of the Employees Social Security Ordinance
1965.
Seven, under the Act every time a domestic worker is hired, a letter
of employment, should be drafted, which clearly states the terms
and conditions of his/her employment, including the nature of work
and the amount of wage. Eight, domestic workers are also
restricted from working for more than eight hours a day unless they
are paid overtime.
Nine, the law further provides a ceiling on weekly working time,
which cannot exceed fifty-six hours. Moreover, it entitles them to
leave and holidays as well as wages during same in addition to
maternity benefits, accommodation, medical examination,
vaccination and inoculation.
Ten, the employer is required to pay the minimum mandated wage.
And, finally, the Act establishes a governing body and requires
every domestic worker to make an application for registration in
order to benefit from the fund created under this Act. The body
should be notified at the earliest so that it can raise awareness
amongst people about the rights of domestic workers to stop
further exploitation.
This author also commenced to initiate and propose the Islamabad
Capital Territory Domestic Workers Rules, 2023 to strengthen the
legal and contractual mechanism in favour of the domestic workers
given in the Act. The said rules criminalized bonded labour of a
domestic worker and specified the incidents when a domestic
worker falls under the bonded labour system, when work is
appropriated: first, in consideration of an advance (peshgi)
obtained by the worker or his family member. Second, in
pursuance of any customary or social obligation. And, third,
without wages or for nominal wages against any economical
consideration received by the worker; or forfeit their freedom of
acquiring other employment, or freely move from place to place or
the right to appropriate or sell their labour. The rules clearly
prohibit forced labour where work is extracted involuntarily or
under threat of penalty.
As per Section 5 (1) of the Act, its rules must give the format of
letter of employment regarding job description, working hours,
allocated holidays and rate of wages. It is not only mandatory on
the employer to provide a letter of employment to a domestic
worker, but rules obligate the government to publicize minimum
wage rate to employers and all concerned. The rules allow
mandatory maternity leave of minimum six weeks and grant of
wage to female domestic workers for that time. The proposed rules
also specify the mode of termination by or of a domestic worker
and mandatory issuance of experience certificate by employers.
In Section 23, the Act required the federal government to establish
a Dispute Resolution Committee for effective enforcement.
Therefore, the rules specify the members of the committee,
assigning the assistant commissioner as the chairperson, while an
officer of labour department, a lawyer, a domestic workers
representative and a child rights expert, an employers’
representative and an expert in labour issues, as members. It is
incumbent on the federal government to make, notify and enforce
the rules required by Section 2(q) read in conjunction with Section
36 of the Islamabad Capital Territory Domestic Workers Act, 2022.
In conclusion, I want to share my earnest concern that the rules that
were coordinated by the author and jointly drafted by the Ministry
of Law and Justice, International Labour Organization and Unicef,
are still lying unattended in government corridors. All the media
hype, seminars and pledges are yet to transform into a strong
political will to implement the Act that is already in place by
immediate passage of the rules and their unmitigated
implementation with full commitment.

News
Child marriage rate falling too slowly, UN says in new report
UNICEF estimates that some 640 million girls and women today
were married when they were below 18.
Radha Rani Mondal, 50, right, with her daughter in law Mampi
Biswash sit in their shanty home
According to the report, the decline was largely driven by South
Asian nations, particularly IndiaPublished On 3 May 2023
3 May 2023
Child marriages are declining but at a rate that would not eliminate
the practice for another 300 years, as a series of crises, including
climate change, threatens to reverse the trend, the United Nations
Children’s Fund (UNICEF) has said in a report.
In the report published on Tuesday, UNICEF estimates that some
640 million girls, teens and women today were married when they
were below the age of 18.
At present, an estimated 12 million girls and teens are becoming
brides each year, it added.
Over the past 25 years, the rate at which such marriages take place
has been slowing. In 1997, 25 percent of young women aged 20 to
24 were married before 18.
Fifteen years later, that figure had dropped to 23 percent. By 2022,
it was at 19 percent.
According to the report, titled “Is an End to Child Marriage Within
Reach?”, the decline was largely driven by South Asian nations,
particularly India.
“In the last decade alone, a girl’s likelihood of marrying in
childhood has dropped by nearly half, from 46 percent to 26
percent,” the report said.
“Of all child marriages averted in the past 25 years, 78 percent
were in South Asia. This progress is driven largely by India,
although notable declines have also been seen in Bangladesh,
Maldives and Pakistan.”

However, the region remained home to the largest total number of

child brides, as a result of “age-old practices and the region’s large
population”.
South Asia, according to UNICEF, was home to nearly 45 percent
of all the world’s child brides.
The report also said the sub-Saharan region was also of
“considerable concern”, with girls there now experiencing the
highest risk of child marriage in the world. It expects the number
of child brides there to increase by 10 percent by 2030.
UNICEF also fears that the convergence of the COVID-19
pandemic, global conflicts and the growing effects of climate
change could reverse the hard-won gains.
“The world is engulfed by crises on top of crises that are crushing
the hopes and dreams of vulnerable children, especially girls who
should be students, not brides,” said UNICEF Executive Director
Catherine Russell in a statement.
“Health and economic crises, escalating armed conflicts, and the
ravaging effects of climate change are forcing families to seek a
false sense of refuge in child marriage.”
The coronavirus alone could be responsible for an additional 10
million underage marriages between 2020 and 2030, the report
said.
“We’ve proven that progress to end child marriage is possible. It
requires unwavering support for vulnerable girls and families,”
Russell said.

Lost generations
September 21, 2023 0
IF those who wield power in Pakistan think that the nation can
progress when tens of millions of its children have either never
been to school, or have dropped out, they are fooling none but
themselves. The sobering reality is that Pakistan has the second
highest out-of-school population in the world — around 23m
children aged between five and 16 years — while many of those
who do make it to school drop out before completing their studies.
These lost generations will face poverty, exploitation and a lack of
opportunities throughout life. Recent figures given by the Sindh
government indicate the challenges that the high dropout rate
poses. The province’s caretaker chief minister was informed on
Tuesday that the school dropout rate in Sindh was 54pc, while over
50pc of the province’s women could not read or write. These twin
challenges — high dropout rates and female illiteracy — are
portents of a demographic disaster in the making. If the problem is
left unaddressed, provincial and national development plans will be
scuttled.
Nationwide, dropout rates are a matter of concern, though the
situation in Balochistan and Sindh is particularly acute. According
to Unicef, enrolment figures dip considerably for both boys and
girls between the primary and lower secondary levels, which
indicates that a large number of students drop out as they reach
higher grades. The UN body also notes that credible data and
measures to monitor retention rates are weak. There are numerous
factors contributing to high dropout rates, including poverty and
difficult access to schools. Experts have called for non-formal
schooling solutions and alternative learning pathways to address
such a huge population of out-of-school children and those that
drop out. Civil society and education activists have long been
warning about the ‘education emergency’. However, despite the
Constitution’s Article 25-A calling upon the state to provide free
and compulsory education, millions of children remain deprived of
a chance to learn and build a brighter future.

He was 12-years-old and wanted to liberate slaves in Pakistan. He

is dead now
Masih’s murder was called an accident but many still believe that
he was shot by the agents of the carpet industry.
Eraas Haider
January 16, 2016
On April 16, 1995, a 12-year-old boy named Iqbal Masih was shot
and killed while he was riding his bicycle with his friends in
Muritke, near Lahore. He was punished for raising his voice
against child labour. While he was in the US, he was asked why he
wanted to return to Pakistan when he knew of the danger to his life.
To that, he courageously responded saying his mission was more
important than his life.

And it was with his life that he paid the price for standing up for
his beliefs.

He was just 12-years-old.

Masih said,
“I want to do what Abraham Lincoln did.”
He wanted to become a lawyer to liberate slaves in Pakistan.

Masih’s story is a tragic one. He was sold into bondage for an

amount less than seven dollars. This money was used for his
mother’s operation, for which five-year-old Masih lost his freedom,
his childhood and his health.

Bonded labour means that Masih was to work as a carpet weaver

for the factory owner till the loan was paid back. His freedom
remained a dream because his family’s financial burdens kept
growing and they were unable to pay back the loan. Masih’s torture
continued without any respite and any hope of the loan ever being
repaid.

Not only was Masih subjected to inhuman treatment and

conditions, he was forced to work for more than 12 hours a day,
seven days a week with only half-hour breaks. The wages for these
gruelling hours of meticulous carpet weaving were a few cents
only.

Child carpet weavers are subjected to treatment that would make

you cringe, and to top it all, they are not even given appropriate
nutrition by their ‘masters’. The intention behind this callousness is
to retain smaller fingers for intricate carpet weaving. Masih stood
four-feet tall which is 12 inches shorter than the average boys of
his age.
Photo: Flickr

Masih was like any normal child, with aspirations and dreams of
getting educated. But he was only getting well versed in torture and
indignity.

This brave boy, however, never gave up hope. On one occasion, he

managed to escape and reached the local police station. He told the
police about how the factory owner had shackled him into slavery.
But he was brought back by the custodians of law to the factory
owner for a petty bribe.

This worsened Masih’s predicament. The factory owners became

more ruthless than ever because of his insubordination. He and the
other children were chained to keep them from escaping.

Humanity should shudder at the thought of a child being subjected

to such treatment.

One day, Masih learnt that the Supreme Court of Pakistan had
banned child labour. Hope resurfaced, and he escaped again.

Masih joined the Bonded Labour Liberation Front (BLLF). His

story reached the ears of Ehsan Ullah Khan, Chairman of BLLF,
who directed his efforts towards freeing Masih from bondage, and
mercifully succeeded.

Masih made it his mission to raise awareness about child slavery.

He toured various cities of Pakistan where child slavery is known
to exist. He also travelled internationally inviting masses to stand
with him against child labour. He resumed his education and
managed to complete four years of education in a two-year period.

He said,
“Children should have pens in their hands, not tools.”

Photo: Solidaridad.net

Masih’s murder was called an accident but many still believe that
he was shot by the agents of the carpet industry. They may have
killed him but his mission will always stay alive. He remains to be
an inspiration for numerous local and international organisations
fighting against child labour.

His sacrifice has not gone in vain, because today, you and I will
talk about the harrowing facts of Pakistan’s child labour industry.

Pakistan still has the third largest child force in the world.
Twelve million children are forced into bonded labour in various
forms. Don’t let your eyes glaze over this as just another statistic.
Take a moment to come to terms with the enormity of the injustice
that we have strangled our youth with.

TWELVE MILLION CHILDREN.

The highest number of children (ages 10-14) are associated with

different forms of agricultural labour that contribute to a quarter of
the total GDP.

Provincial governments have failed to pass any legislation for a

minimum working age. The federal government has set the federal
minimum age for hazardous work but it falls short of international
standards. Trade unions seem to be the only force that forms the
bulwark against child labour.

The government should prioritise the implementation of child

labour laws with a clear establishment of the minimum working
age. How many more young children have to die for this to
command the attention of the entire nation?

Moreover, measures should be taken to provide education to the

children who have been affected by forced labour. To this day,
education remains to be the most ignored element in government
agendas.
Nelson Mandela emphasised the importance of education in his
famous words:
“Education is the most powerful weapon which you can use to
change the world.”
These words should be emblazoned on the minds of our
policymakers.

Photo: Pinterest

Our society can no longer bear the moral burden of fostering this
evil practice. All of us have to recognise our part in its continued
existence. Our indifference has led us to this juncture in time. The
millions of childhoods that have been traded in for industrial,
agricultural and domestic tools need to be reclaimed.

Allow yourself to empathise with Iqbal Masih. Look at his smile.

Look at the glint in his eye, and feel his excitement for life.
Understand that there are certain agents out there who have
extinguished his light for money, profit, greed.

Does your heart fall to the depths of your chest? Do your eyes sting
with liquid anger? Have your hands clenched into mighty fists?
Good.

Don’t let indifference swallow you up again. Think of Iqbal Masih,

and do something.

WRITTEN BY:
Eraas Haider
The author is a British Pakistani, interested in Human Rights. He is