The Importance of Pro-Women Laws and Their Implementation: Commemorating International Women’s Day
As the world commemorates International Women’s Day on March 8th, it is a time to reflect on the progress made toward gender equality and the challenges that remain. In Pakistan, and particularly in the region of Gilgit-Baltistan, the struggle for women’s rights and gender equality is ongoing. Despite the existence of numerous pro-women laws and policies, the implementation gap remains a significant hurdle. Pakistan ranks 145 out of 146 countries in the World Economic Forum’s Gender Gap Index 2023, a stark reminder of the systemic inequalities that persist. The United Nations Development Programme has warned that if gender parity is not achieved, Pakistan may not progress for the next century. This underscores the urgent need to prioritize the implementation of pro-women laws and policies to ensure sustainable development and social justice. The Sustainable Development Goals, adopted by the United Nations in 2015, emphasize gender equality as a cornerstone of sustainable development. Goal 5 specifically aims to achieve gender equality and empower all women and girls. However, Pakistan’s abysmal ranking in the Gender Gap Index highlights the country’s failure to meet these global benchmarks. The gender gap in education, health, economic participation, and political empowerment continues to hinder Pakistan’s progress toward the SDGs. Without addressing these disparities, the country risks falling further behind in its development agenda.
The Constitution of Pakistan provides a robust framework for the protection of women’s rights and gender equality. Several articles explicitly address issues such as discrimination, compulsory education, life and liberty, full participation, protection of family, mother, and child, employment, dignity, and prohibition of torture. These constitutional guarantees form the foundation for pro-women laws and policies in Pakistan. Article 3 urges the state to eliminate all forms of exploitation, including gender-based exploitation, and ensure the protection of women’s rights. Article 4 guarantees the right to life and liberty for all citizens, including women, ensuring that no person shall be deprived of life or liberty except in accordance with the law. Article 9 ensures the security of person, prohibiting any form of violence or torture against women. Article 14 protects the dignity of individuals, ensuring that no person shall be subjected to torture or degrading treatment, which is particularly significant for women facing gender-based violence. Article 25 guarantees equality before the law and equal protection, explicitly prohibiting discrimination based on sex alone and allowing the state to make special provisions for the protection of women and children. Article 25A mandates the state to provide free and compulsory education to all children aged 5 to 16 years, ensuring equal access to education for girls. Article 34 directs the state to take measures to ensure the full participation of women in all spheres of national life, including social, economic, and political activities. Article 35 emphasizes the state’s responsibility to protect the family, mother, and child, ensuring their welfare and rights. Article 37(e) directs the state to ensure just and humane conditions of work, prohibit the employment of children and women in unsuitable vocations, and provide maternity benefits for women in employment. Articles 51 and 106 provide for the reservation of seats for women in the National Assembly, Senate, and Provincial Assemblies, ensuring their representation in decision-making processes.
In addition to constitutional protections, the Pakistan Penal Code and Criminal Procedure Code provide specific legal safeguards for women. These laws address issues such as harassment, assault, inheritance rights, child marriage, forced marriage, and honor killings. Section 509 of the Pakistan Penal Code punishes words, gestures, or acts intended to insult the modesty of a woman. Section 354 addresses assault or criminal force against a woman with intent to outrage her modesty. Section 498-A criminalizes the deprivation of a woman’s inheritance rights through deceitful or illegal means. The Child Marriage Restraint Act 1929 prohibits the marriage of girls under the age of 16 and imposes penalties on parents and Nikah registrars. Section 498-B criminalizes forced marriage, imposing penalties of up to 7 years imprisonment and fines. The Anti-Honor Killing Laws impose strict penalties, including life imprisonment or death, for honor killings, even if the victim’s family forgives the perpetrator. Section 376 addresses rape, imposing penalties of death or imprisonment up to 25 years. The Anti-Rape Laws enhance punishments for rape and mandate the use of DNA evidence in rape cases. Section 337-K criminalizes torture, ensuring the protection of women from physical and psychological abuse.
Gilgit-Baltistan has made significant strides in enacting pro-women laws aimed at protecting women’s rights, addressing gender-based violence, and promoting gender equality. These laws are aligned with international human rights mechanisms such as the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social, and Cultural Rights, and the Convention on the Elimination of All Forms of Discrimination Against Women. The Gilgit-Baltistan Protection against Harassment of Women at Workplace Act 2013 protects women from workplace harassment and ensures a safe working environment. The Gilgit-Baltistan Prohibition of Corporal Punishment against Children Act 2015 safeguards children, particularly girls, from physical abuse in schools, homes, and other institutions. The Gilgit-Baltistan Persons with Disability Act 2019 ensures the rights and inclusion of women with disabilities. The Gilgit-Baltistan Prohibition of Employment of Children Act 2019 and the Gilgit-Baltistan Prevention of Child Labour Act 2019 prohibit child labor, ensuring children’s right to education and a safe childhood. The Gilgit-Baltistan Compulsory Education Act 2020 mandates free and compulsory education for all children, particularly girls. The Gilgit-Baltistan Zainab Alert Bill addresses child abduction and violence against girls. The Gilgit-Baltistan Bonded/Forced Labour System Abolition Act 2020 abolishes bonded and forced labor. The Gilgit-Baltistan Senior Citizens Welfare Act 2022 protects the rights of elderly women. The Gilgit-Baltistan Commission on the Status of Women Bill 2023 aims to establish a commission to promote gender equality and women’s empowerment. The Gilgit-Baltistan Environmental Protection Act 2015 ensures access to clean water, air, and natural resources, benefiting women’s health. The Gilgit-Baltistan Medical and Health Institutions Act 2016 ensures quality healthcare services for women and children. The Gilgit-Baltistan Disaster Management Act 2017 addresses the specific needs of women and children during disasters. The Gilgit-Baltistan Local Government Act 2014 promotes women’s participation in local governance.
Despite the existence of these laws and policies, their implementation remains a significant challenge. Key barriers include the lack of rules of business, institutional development issues, government neglect, and pending legislation such as the Reproductive Health Rights Bill, the Child Marriage Restraint Act, the Prohibition of Domestic Violence Bill, and the Women Protection Bill. Strengthening institutional mechanisms, capacity building, awareness campaigns, resource allocation, community engagement, data collection, and collaboration with civil society are crucial to bridging the implementation gap. As we celebrate International Women’s Day, it is vital to recognize that enacting pro-women laws is only the first step. Effective enforcement is necessary to ensure gender equality and sustainable development in Gilgit-Baltistan and Pakistan as a whole.
