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Issue No. 39 January-April 2012 Founded by Shahla Zia Patron-in-Chief: Nigar Ahmad Critical appreciation of National Commission on the Status of Women Act, 2012 NCSW on road to autonomy By Maliha Zia Lari there remained a number of flaws amended the 2000 law creating the Chairperson. Rather than being which hampered its envisioned func- NCSW in an attempt to deal with the appointed by the Government, the The formation of a National tion and role. Civil society and the gaps affecting its functionality. The option of open nomination and the for- Commission on the Status of Women Commission itself have advocated for new law is titled National Commission mation of a Parliamentary Committee (NCSW) in 2000 was one of the years to make amendments to ensure on the Status of Women Act, 2012. to make the final decision not only biggest achievements of the women's the autonomy of NCSW and enhance allows recommendations from the movement. The creation of a commis- its role and capacity. In 2012 the The 2012 law has made improvements public but also allows the appointment sion for women had first been high- Government of Pakistan finally in the procedure of appointment of the Continued on next Page lighted by the 1975 Pakistan Women's Rights Committee under Yahya Bakhtiar, set up by the Government. Autonomy and record pro-women legislative The Committee recommended that a permanent commission be established, review are major achievements: Anis Haroon not just as a watch dog but also as the highest policy making body for By Staff Reporter Act 2012 promises executive as women's interest in the country. Since well as financial autonomy to the com- then, it became one of the forefront The National Commission on the Status mission, she said. "When I joined demands of civil society. As a response of Women, the permanent constitution- the commission in March 2009 as its to national demands, as well as nation- al body for women, has achieved maxi- chairperson, the enactment of new al and international commitments of mum possible autonomy in the new law law giving autonomy to the commis- the Government of Pakistan which which has replaced the presidential sion was mine and my colleagues' include Beijing Declaration and ordinance, under which it was estab- foremost priority, because as member Platform for Action, 1995; and lished in 2000, said Ms. Anis Haroon, of the women's rights movement National Plan of Action (NPA) for former chairperson of the commission we have been demanding this for Women, 1998, the NCSW was finally while talking to the Legislative Watch years", she said. "My predecessors established in 2000. in Islamabad soon after completing her Justice (Retd.) Majida Razvi and three-year tenure as head of the com- Syeda Arifa Zehra also made serious However, despite the success of the mission. The commission's third tenure The new law called National and strenuous efforts in this regard", establishment of the Commission, ended in March 2012. Commission on the Status of Women Continued on Page 6 Question of domestic violence and necessity of DVB By MZL pens in the home should not be brought Constitution of the Islamic Republic of protection for victims and for the into the public realm. By the State Pakistan 1973, which provide from the prevention of such offences. The promulgation of a Domestic remaining silent and the law enforcing right to security of person, inviolabili- Violence Act has been high on civil mechanisms passive on this issue, such ty of the dignity of man etc., and equal- The Domestic Violence Bill - society agenda for a number of years. violence is tacitly condoned by them. ity of citizens before the law and equal History and Current Status Domestic violence is a health, legal, Treating domestic violence as a private protection of law. economic, educational, social, devel- affair has given protection to perpetra- There have been several attempts to opment and a human rights issue. In tors or violence and has led to the vic- Despite this constitutional guarantee of introduce and pass a law on domestic the overwhelming majority of cases, timization of women. protection, the issue of domestic vio- violence at all levels. This article does such violence is perpetuated by men lence is exacerbated by the lack of not deal with the substantive material against women. There have been cases Aurat Foundation in its annual report institutional recognition of the issue of the domestic violence laws, it is where women are violent, but such on "Violence Against Women in and the implicit acceptance evidence important to note at this juncture, incidents are only a small percentage Pakistan: A qualitative review of statis- by the silence and disregard of the while civil society strongly advocates and women and children largely tics 2011" has found that that 610 inci- issue. the promulgation of a law on domestic remain the victims. dents of domestic violence were violence, it also advocates that any reported in 2011. Many more cases of Article 25 of the Constitution of the such law must be comprehensive and There are an increasing number of domestic violence remain unreported.. Islamic Republic of Pakistan allows not have negative clauses within it. reported cases of domestic violence This will not stop until families, socie- the State to makespecial provisions for Civil society has worked with parlia- against women in Pakistan, and innu- ty, government institutions and the the protection of women and children. mentarians on the drafting of the vari- merable more unreported incidents and state address the issue directly and rec- Given the high statistics of domestic ous bills, however it has not concurred cases; yet the State has consistently ognize that women and children have a violence against women and children, with some of the final drafts that refused to give legal recognition to this right to State protection even within it is vital to have a specific law on were placed before the legislative serious and deep rooted issue. The the private realm of the family home. domestic violence enacted in order to forums, which it has shared with the State continues to perpetuate the pub- These rights are also enshrined in not just identify domestic violence as a Continued on Page 4 lic/private divide, i.e. whatever hap- Articles 9, 14 and 25 of the crime, but also to provide support and 2 NCSW on road to autonomy From Page 1 Rights (PCSW). Non-voting members other sums or properties or assets have status equivalent to BOS-21 of include: 5 ex officio members repre- which may in any manner become the Federal Government. to be transparent. senting the Ministries of Law, Finance, payable to or vest in, the Commission Foreign Affairs, Interior and the in respect of any matter. Functions of the Commission The Commission has also been given a Ministry concerned with the subject of budget by the Government. This shows women's rights, all of whom shall not Chairperson Section 11 details the functions and a commitment of the Government be below BPS-20; and Secretary of the powers of the Commission. The towards the Commission. Alongside Commission. Every member of the The Chairperson of the Commission Commission is mandated to oversee all this, it continues to have the power to Commission and every officer appoint- shall be a woman with experience of policy, programmes and other meas- raise its own funds, allowing it to have ed or authorized by the Commission to working on issues related to women's ures of the Federal government in rela- an allocated funds and the potential for exercise functions under this Act shall rights for more than fifteen years, and tion to women, as well as review of all extra funds, which allows it financial be deemed to be a public servant with- is committed to the cause of women's laws, rules and regulations affecting independence. in the meaning of section 21 PPC empowerment. She shall be appointed the status and rights of women and under procedures identified in Section making recommendations as to The Commission also now has its own The secretariat of the Commission will 4. The Federal Government is required amendment, repeal or promulgation of independent secretariat with its own be headed by the Secretary, along with to invite suggestions through public new regulations to protect and safe- Secretary. It will not be placed within a officers and support staff. The notice of suitable persons as guard the rights of women. Ministry as it was done previously, Secretary, amongst his/her other Chairperson. Upon scrutiny of these thereby giving it an independent and duties, will also be in charge of prepa- persons, it shall submit a list of those The Commission is also mandated to cross-Ministry status. ration of the Annual Work Plan and persons to the Prime Minister and the provide research and collect data and budget. The Commission itself will Leader of the Opposition in the provide analysis in order to maintain a The right of inquiry into complaints of consider, approve and monitor imple- National Assembly. The Prime database relating to women and gender violations of women's rights has been mentation of the Strategic Plan and Minister, in consultation with the issues. This will work towards guiding given to the Commission. It has been Annual Budget. Leader of the Opposition, shall put national policy and strategic action for given powers vested in a civil court forward three names to a women's empowerment. under the Code of Civil Procedure The Commission shall also prepare its Parliamentary Committee which will 1908 (Act V of 1908) for enforcing the Annual Report which shall be present- be formed as per this section.

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