"Gender Discrimination in Pakistan and the Saarc Region"

(This article was published in SAARC publications book; "The Eight Neighbours, Together we Survive." The book was presented to the dignitaries, heads of state of 8 SAARC countries on 17th Saarc Summit at Addu city, Maldives.)

“A girl is a mother’s pride

 A father’s deep adoration

What is the difference of importance so undue?
 For a girl, the mutuality of parentage eschew” (AZK)

Discrimination against women means any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing of nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status on a basis of equality of men and women of human rights and fundamental freedom in the economic, social, cultural, civil, political or any other field. Discriminatory behavior is generally regarded as an obstacle for the achievement of the objectives of equality, development and peace. However, in practice majority of the women in different communities, societies, religions in many countries are still subjected to various forms of discrimination at different stages of their life. Discrimination starts during socialization processes from the very early age in the name of sex segregation and is well established during the middle childhood. Later on this turns into discrimination. World's large portion of women is still being discriminated in each community, religion or country directly or indirectly in different stages of life.

World's large portion of women is still being discriminated in each community, religion or country directly or indirectly in different stages of life. It is revealed that though both male and female are hired for same type of job, female are discriminated to get equal pay to male. Such type of practice is more common in the developing world. Gender discrimination in education, employment and health accelerates economic burden. Discrimination against women affects their capacity to participate freely and fully in society and in turn brings psychologically harmful consequences. Due to the fear of being deserted by husband women don't even hesitate to abort the female embryo inside their womb before it turns into a baby. To be born a woman into a society that puts you in degradation is a crime! Born a woman and then born into a poor economic condition is criminal offence in Pakistan!

The literacy rate of females in Pakistan is at 39.6 percent compared to that of males at 67.7 percent. The objectives of education policies in Pakistan aim to achieve equality in education between girls and boys and to reduce the gender gap in the educational system. However, the policy also encourages girls, mainly in rural areas of Pakistan, to acquire basic home management skills, which are preferred over full-scale primary education. The attitudes towards women in Pakistani culture make the fight for educational equality more difficult. The lack of democracy and feudal practices of Pakistan also contribute to the gender gap in the educational system. This feudal system leaves the underpowered, women in particular, in a very vulnerable position. The long-lived socio-cultural belief that women play a reproductive role within the confines of the home leads to the belief that educating women holds no value.

As many as 40-50% of the women in jails in cities like Lahore, Peshawar, and Mardan await trial for adultery, but according to some human rights monitors, 80 percent of all adultery-related Hudood cases are filed without any supporting evidence. But even when acquitted, the trauma for the woman may not end, because they then become vulnerable to attack for a so-called "honor killing", where male relatives murder women they accuse of immoral behavior. According to human rights observers, honor killings are rampant in Pakistan's feudal-dominated rural and tribal areas - a 1998 HRCP report citing 1,600 cases of such killings in that year.                             

Although there are numerous reports of women killed or mutilated by male relatives who suspect them of adultery, few such cases are investigated seriously and those who are arrested are usually acquitted on the grounds that they were "provoked," or for a lack of witnesses. While the tradition of killing those suspected of illicit sexual relations in so-called "honor killings", in order to restore tribal or family honor (which is known as "karo-kari" in Sindh), applies equally to offending men and women, women are far more likely to be killed than men, and cases have been reported from every province in Pakistan. Honor killings have also been triggered by a woman found conversing, or sharing a joke or light moment, with a man who wasn't a relative. A woman who is perceived as being "disobedient" to her husband or the husband's family may also fall victim to an honor killing, or may be badly battered, burned by fire, or disfigured by acid attacks. Human Rights advocates charge that there have been countless instances of such "honor killings" similar to the two-hundred and fifty women who were burned to death in their homes in 1997 in the city of Lahore, of which only six cases led to arrest.

The Commission of Inquiry for Women cited newspapers from Lahore which reported an average of 15 cases of stove deaths per month during a 6-month period in 1997; most of the victims were young married women. The Commission noted that many such cases are not reported by hospitals and, even when they are, the police are reluctant to investigate or file charges. Dowry demands are also factors in such killings.
The 1979 Hudood Ordinances abolished punishment for raping one's wife. Thus, marital rape is not a crime. Since marriage registration (nikah) sometimes occurs years before a marriage is consummated (rukh sati), the nikah (unconsummated) marriage is regarded as a formal marital relationship. In one 1996 case, a 13-year-old girl, whose nikah had been performed but rukh sati had not taken place, decided to divorce her husband. The husband kidnapped the girl, raped her, and then released her. The police refused to register a rape case arguing that they were a married couple.
In rural areas, the practice of a woman "marrying the Koran" is widely accepted if the family cannot arrange a suitable marriage or wants to keep the family wealth intact. A woman "married to the Koran" is forbidden to have any contact with males over 14 years of age, including her immediate family members. In inheritance cases women generally do not receive--or are pressed to surrender the share of the inheritance they are legally due. Under the Hudood laws, the testimony of a woman is not admissible in cases involving “Hadd” punishments, and in other cases, the testimony of two women is seen as equivalent to that of one man. For instance, a woman's testimony regarding financial matters is not admissible unless corroborated by another woman. Hudood laws are also used to intimidate and oppress women sold into prostitution.


Although there is gender inequity and discrimination throughout the subcontinent, the plight of women in Pakistan can be especially traumatic since not only do women face tremendous social pressures, Islamic Laws systematize onerous and intense legal burdens on women. Even as women's rights activists and progressive trade union activists fight a valiant battle for social change, their task is made much more difficult due to restrictions on political activity and limitations on the press. Frequent bouts of military dictatorship have made the work of activists trying to bring about gender equality in Pakistani society especially challenging.

Women in elite urban districts of Pakistan enjoy a far more privileged lifestyle than those living in rural tribal areas. Women in urbanized districts typically lead more elite lifestyles and have more opportunities for education. Rural and tribal areas of Pakistan have an increasingly high rate of poverty and alarmingly low literacy rates. In 2002 it was recorded that 81.5 percent of 15-19 year old girls from high-income families had attended school while 22.3 percent of girls from low-income families had ever attended school. In comparison, it was recorded that 96.6 percent of Pakistani boys’ ages 15–19 coming from high-income families had attended schooling while 66.1 percent of 15-19 year old boys from low-income families had attended school. Girls living in rural areas are encouraged not to go to school because they are needed in the home to do work at a young age. In most rural villages, secondary schooling simply does not exist for girls, leaving them no choice but to prepare for marriage and do household tasks. These rural areas often have inadequate funding and schooling for girls is at the bottom of their priorities.             
Marriage too has several burdens. Early marriages end up having early age pregnancies which too with severe complications sometimes. They have to do household chores if they are married in the rural areas where most of the work is done by the female folk. There too, they are considered second class as males of their family consider them to have no voice and rights.
As compared to this their female counterparts of the rest of the countries of Saarc region can be seen in the following ways.
In Afghanistan the human rights violations faced by women throughout two decades of civil war in Afghanistan. It covers the cultural dynamics of women's status in Afghan society as well as how women's status and rights were used as a political tool by the various warring factions to achieve political and ideological ends. The rights violations experienced by Afghan women ranging from widespread cases rape and sexual assault to beatings and physical violence used to enforce restrictions of women's fundamental human rights. Finally, the responsibility of the international community: To prevent the continuation of the rights violations against women.
In Afghanistan Humanity is denied to women at all levels.
Throughout the duration of Taliban rule in Afghanistan, the term "Gender Apartheid" was used by a number of women's rights advocates to convey the message that the rights violations experienced by Afghan women were in substance no different than those experienced by blacks in Apartheid South Africa. This raises interesting questions regarding the status of Apartheid under international criminal law. While racial apartheid, despite its ambiguous legal definition, continues to appear in codifications of international criminal law such as the Rome Statute of the International Criminal Court, states refuse to even entertain the notion of recognizing apartheid based on gender as an international crime. Can this be considered another manifestation of the gender bias of international law, which for example, has a tendency to yield to cultural relativism arguments when it comes to women's rights, or are there legitimate reasons to avoid the criminalization of the acts constituting what has been referred to as "gender apartheid"?
During the rule of the Taliban (1996 - 2001), women were treated worse than in any other time or by any other society. They were forbidden to work, leave the house without a male escort, not allowed to seek medical help from a male doctor, and forced to cover themselves from head to toe, even covering their eyes. Women, who were doctors and teachers before, suddenly were forced to be beggars and even prostitutes in order to feed their families.

Since the fall of the Taliban in late 2001, many would agree that the political and cultural position of Afghan women has improved substantially. The recently adopted Afghan constitution states that "the citizens of Afghanistan - whether man or woman- have equal rights and duties before the law". So far, women have been allowed to return back to work, the government no longer forces them to wear the covering burqa, and they even have been appointed to prominent positions in the government. Despite all these changes many challenges still remain. The repression of women is still prevalent in rural areas where many families still restrict their own mothers, daughters, wives and sisters from participation in public life. They are still forced into marriages and denied a basic education. Numerous schools for girls have been burned down and little girls have even been poisoned to death for daring to go to school.                  

According to Dr. Sima Samar appointment as Afghanistan's Interim Government Deputy Prime Minister and Minister for Women's Affairs was faced with inadequate financial resources to pursue her mandate, posing questions about the international community's commitment to supporting efforts to strengthen Afghan women's rights. On January 17, 2002, an article in the Guardian reported:

Sima Samar was fed up. The minister of women's affairs had no office, budget or staff. She could not afford her telephone bill and she is got weary of western protestations of support for the oppressed women of Afghanistan.

"Everybody promises me they are with me, but I'd like to ask them 'how'?" she told the Guardian. "How can I even hope to change the situation without money? There is so much to do, and I don't even have enough money for a literacy course." She said.

The majority of Afghan men and women feel that women should have equal access to education and work opportunities, legal protection for human rights and participation in government.

The people of Afghanistan continue to suffer from the accumulated effects of war and economic collapse. Recent reports have emphasized that the coping capacity of the civilian population has been severely weakened as a result of the war and the erosion of many traditional coping mechanisms including, in particular, the role of extended family networks.

In terms of human development indicators,

Afghanistan is ranked among the lowest in the world. It is, for example, estimated that one quarter of all children die before they reach the age of five. Literacy rates are approximately 35 per cent for the whole population, 10 but only 13 per cent for females in urban areas and 3 to 4 per cent in rural districts.

The maternal mortality rates are the second highest in the world, with nearly 1,700 per 100,000 live births.

Furthermore, only 12 per cent of women are estimated to have access to even the most basic health care, a situation that has changed little since the Inter-Agency  Gender Mission in 1997.

Some facts in pointers::

• Every 30 minutes, an Afghan woman dies during childbirth
• 87 percent of Afghan women are illiterate
• 30 percent of girls have access to education in Afghanistan
• 1 in every 3 Afghan women experience physical, psychological or sexual violence
• 44 years is the average life expectancy rate for women in Afghanistan
• 70 to 80 percent of women face forced marriages in Afghanistan

Source: IRIN

Nepal is a multicultural, multi-lingual, and multi-religious country. It is a religious and male dominated society where women are considered as secondary to men. Preference of son is more common and deeply rooted value in every community. Gender based discrimination irrespective to caste and ethnicity, starts right after the birth in different forms and it continues throughout the life for most of the women. There are different sets of behaviors for boys and girls to perform. Such discrimination has also helped to establish the hierarchical relationship between men and women in the society and also helped to create many rigid gender norms that restrict women's opportunities and stifle their development in the private and public sphere. 

The behavior and attitude varies from one community to another since each community/caste/ ethnic group has its own tradition, culture and religion. Besides any behavior or practice considered as discriminatory in one culture may not be thought to be so in another culture. Discrimination between male and female in general has been a cultural tradition, which is interlinked with religion happens to be accepted by women and applied by men as a social norm. Some of the Hindu religion’s ideals are so defined that they go on to stipulate that if a woman is barren for eight years, and only give birth to a female child until eleven years or has impolite sound (Apriya Bhashi) then the men should marry another woman immediately. In contrast even though a man keeps relation with another woman, is uneducated or characterless (Anachaar) the wife still should serve him as a god. Similarly the Hindu ideals prescribe that women should stay under the care of a father, husband and a son during childhood, young age and old age respectively. There is a belief in Hindu religion that parents without a son neither get mukti nor would they go to heaven after death. Such beliefs make men either desperate to get remarried with another woman for son or accelerates domestic violence. Discrimination and violence against woman remain common today as proving by the fact that a husband was reported to have killed his wife for giving births to female baby. Buddhist religion seems to be liberal in gender quality. As stated by Jampuria (2007)

Buddhism never discriminates women nor does it consider women as secondary to men. Buddhism allows women to be bhikkuni (nuns). However among the Buddhists too while, both male and female are regarded as equal, in practice they still have defined different gender roles for male and female.

Women in Nepal are facing discrimination in the society. They feel that they are being discriminated in many things such as behaving on the road, way of behaving and property. The underpinning cause of such discrimination is societal norm where women are still considered as secondary to men. Majority of the women still neither own any property nor are educated as men to be independent in the society. Because of household chores, lower qualifications and other causes they cannot take on just about any occupation and move freely outside the home as men do. In general there are no distinct differences of societal discrimination awareness in the different communities of Nepal. Insignificant level of differences in different category of societal discrimination awareness can be seen in two different communities. With comparison to Tamang, Brahmins women seem to be aware about the prevalent societal discriminatory practices in almost all categories of discrimination except right to own property. Some respondents, notwithstanding their ethnicity, also mentioned other types of sensitive discrimination, which was not mentioned in the questionnaire. As reported by the respondents the other types of discrimination faced by the women are: decision making for self, mobility, food, interaction with boys, allowances, social inclusion and/choice of partner. Respondents concluded that in the patriarchal Nepali society women are considered as inferior to men and are not always allowed to participate in decision-making, even on matters related to their own lives. It is very common in Nepalese society that if a girl marries with low caste boy, she is neglected by other family member and even could not return to her parental home. But the son is accepted later if he marries with outcaste girl. As the sons are considered the supporter of old age parents, family members are forced to accept outcaste girl as a daughter-in-law.

The most responsible factor of discrimination is the parental behavior. Many reasons come to the mind while thinking of such discriminatory behaviors: First, because of patriarchal society women feel safe after giving birth to male baby and those who don't have son make more offspring in the hope of having a newborn male baby.      

They cannot support their family with limited resources and consequently discriminate their girl child thinking daughter will go to others house and son will support them during their old age; Second, daughters are more close to mothers and learn stereotype gender roles which restricts women from different activities;

Third, mother relates her emotions with daughters and wants to protect them from the sorrows they feel; Fourth, in Nepalese society three is a saying chhoriko ijjat

siyoko tuppoma meaning daughter's honor is on the tip of a needle. Such type of saying makes the mother sensitive and restricts daughters from different types of outdoors activities. Finally, if children, especially daughters, are spoilt all the blame goes to the mother. Because of the social pressure, mothers restrict their daughter, though they don't want to. Similarly among those who felt food discrimination, 100%, of Brahmins and 60% of Tamangs blamed females (mother-in-lows) for food discrimination. The difference between Brahmins and Tamang families is because of the cultural factor. It was reported that some Tamangs family distribute food to whole family along with daughter-in-law at the same time and eat together. This was the prominent factor that reveals the differences in Brahmins and Tamangs. Both male and female in Brahmins family and male in Tamangs family were found as discriminators of property as stated by 44.4% and 42.1% respectively

Democracy was established in Nepal in April 1990. It provided diverse groups space to express their opinions openly and to assert their identities and rights as citizens. However, the dominant order has remained largely confined to male Brahmans (Bahuns) and Kshatriyas

(Thakuris and Chhetris): From the traditionally influential Parbatiya or Hill Hindu group and the urban-based and generally well-educated Newars. The democratic transition also failed to be inclusive mainly because political parties were unable or unwilling to represent and articulate the demands of less powerful Nepalese. Those left out at the margins were women, the formerly

‘Untouchable’ castes who now call themselves Dalits (‘oppressed’, ‘broken’ or ‘crushed’), and the ‘tribal’, indigenous ethnic groups, the Adivasi Janajatis or ‘indigenous nationalities’.

During the Panchayat period (1962-1990) the state attempted to build a ‘modern’ and ‘unified’ nation. Although directly ruled by the king, Nepalese were for the first time beginning to think of themselves as citizens rather than subjects. Nepal abolished caste-based discrimination in 1963. But the diversity of languages, gender, kinship systems and spiritual outlooks were framed as barriers to development that ‘had’ to be merged into a common ‘modern’ Nepali culture. Cultural ‘unity’ was projected as essential to nation-building and the maintenance of independence.

Women’ have a much longer history in Nepal as a socially disadvantaged group in the eyes of the state than Janajatis and Dalits. The earliest women’s organizations were founded in the late 1940s. Some pre-Panchayat protests by women included the demand for the right to vote.

Under the 1976 Class Organizations Act, the Panchayat rulers recognized women as a social group. New women’s organizations have emerged and are demanding conditions of economic equality by ensuring equal property rights, quotas in education and jobs and voice in political parties and government. The development response to women’s claim for equal rights however, still hinges largely on the welfare model.

The Ministry of Women and Social Welfare, established in 1995, was renamed the Ministry of Women, Children and Social Welfare (MWCSW) in 2000. The MWCSW lacks adequate financial and human resources to carry out its responsibilities effectively, and ha s also largely failed to consider the priorities and needs of women from different caste and ethnic groups.

Nepal set up the National Women's Commission (NWC) in 2002. But it did not have a legal basis and its mandate remained unclear. Its members retired in March 2004 and replacements had not been appointed in end-October 2005. Brahman and Chhetri women—appointed mainly on the basis of their political affiliation—dominated the NWC membership. Generally, inclusion of women in development continues to fall into very specific gendered roles that often reinforce unequal access to resources and institutions, particularly for poor and socially marginalized women. Tension also exists between technocratic ‘fixes’ (often preferred by donors) and those advocating more long term socio-political change. The latter is more likely to occur as a process of democratic trial and error, often led by ordinary people

(Including politicians) and tends to be ‘messier’ and less amenable to donor’s timetables and budget cycles. There is also an apparent donor bias favoring ‘professional’ NGOs––those whose leaders are conversant with the current development trends and can converse in English––over smaller local NGOs or mass organizations of political parties’, even though the latter could potentially be more effective at mobilizing women and influencing policy change. As a result, programming has tended to remain narrowly focused, without necessary policy foundations and appropriate linkages for expansion and gender mainstreaming in the real sense.

The representation of women in political parties remains low, especially at higher leadership positions, and this remains a major obstacle in having more mainstream policies and programs that focus on women and other disadvantaged groups. Women organizations of the parties remain in a subordinate relationship within the typically male-dominated institutions.

In a society where: A male child is treated as 'wealth', an uneducated girl who not only stands to inherit any ancestral property, but also incapable of becoming a working woman and securing a job if there are marital problems. From her birth, the shadow of female infanticide looms large and throughout her growing years, she is never more than an expense. This makes the girl always feel inferior and a victim of child abuse. Though such situations are rampant in the face of extreme poverty, it is not that the monetary brighter segment of society is devoid of it. However, the bias once sowed, ripples through the family, subsequent generations and society. The repercussions are severe, making women vulnerable to emotional abuse in marital problems. 

Discrimination in the field of education results in individual tragedies and finally tells on the rate of progress a society or a nation makes. The status of women in a society has a direct effect on its health. In a number of countries and societies, girls are not educated since she is considered a strain on the family's resources. Without an education, she cannot even voice her opinion, stand up for herself monetarily as well as emotionally, or battle the discrimination from a social pulpit. Women have come a long way in many societies around the world. It is not that there has been no shift. However, the shift is slow in some societies and evident in others. The problem is not with the number of instances coming up each day, it lies with identifying an effective measure to eradicate the economic predicament. The attitude that results in widespread neglect needs to be 'treated' and drained off social support. It is only in a united stand that the focus will provide the right guidelines. 

Citizens need to back the law and law enforcement agencies and most importantly, believe in the power of equality. The fight is not to determine the 'first among equals', but to enjoy a rostrum that is conducive to collaborative effort and a balance that is willed by nature.