Women In Pakistan Have Always
Been Subject To Stringent Behavioral Controls Due To Religio-Cultural Reasons.
Especially Since Islamization Campaign By Zia Regime (1977-88) ‘Women
Regulation’ Has Been A Central Conflict Point Between Conservatives And
Liberals. Usually Governments In Pakistan Have Been Reluctant To Take Any Clear
Ideological Position On Women Right Issues. Policy Makers Would At Best Try Not
To Take Any Decision By What Bacharach And Baratz (1963) Call “The Mobilization
Of Bias”. The Most Important Reason For This Non-Decision Has Been The Perceived
Influence Of Religion And Religious Parties Over Masses. However Present
Government Of Pakistan Has Adopted A Very Progressive Stance On Women Right
Issues. A Comprehensive National Policy For Development And Empowerment Of Women
Is Announced By The President Of Pakistan In September, 2002. A National Action
Plan For Achieving The Proclaimed Objectives Of The Policy Is Also Adopted. Some
Important Decisions Taken In This Particular Policy Area As Reservation Of 17
Percent Of Seats In Parliament And 33 Percent Of Seats In Local Bodies For
Women, Reservation Of 05 Percent Quota In All Government Jobs And 10 Percent
Quota In Central Superior Services, Ratification Of Convention On Elimination Of
Discrimination Against Women, Passing Law Against Honor Killing In 2005,
Establishment Of District Resource Centers For Women Etc Are Of Far Reaching
Consequence. Present Essay Will Look Into Reasons For These Radical Changes. The
Following Section Will Recognize Contributions By Different Policy Actors In
Evolution Of Women Rights In Pakistan. The Next Section Will Look Into Rationale
For Changing Behavior Of Important Policy Actors. In The End I Will Try To
Relate This Policy Adoption Process To Some Of The Prevalent Theories. The Essay
Contends That The Convergence Of Political And Ideological Needs Of The Rulers
Have Made This Policy Choice The Ultimate Choice.
Contributions By Different Political Actors
Specific Reform Initiatives Do Not Emerge In A Void, Nor Are They Decided Upon
In Isolation From The Pre-Existing Perceptions, Experiences And Values Of Policy
Elites. Infact, The Broader Context Within Which Particular Reforms Are
Considered Provides Insight Into The Choices That Are Made And Processes Through
Which Change Is Pursued (Grindle Et Al 1991). Similarly The Present Policy
Reforms Have Emerged Through A Long Process And By Complex Interaction Between
Different Political Actors. To Better Understand This Process And Parts Played
By Different Actors And Factors It Is Pertinent To Understand The Institutional
Structure And Relative Importance Of Organizations In Policy Community.
The Constitution Of Pakistan
Describes Pakistan As A ‘Democratic Republic ’ In Which Authority Of State Rests
On Three Pillars; The Executive, The Legislature And The Judiciary. Policy
Formulation Traditionally Is Prerogative Of Executive. Other Two Pillars Only
Have An Indirect Role In Policy Formulation. Pakistan’s Special Political System
As It Stands Today Gives Added Influence To Executive In Decision Making.
Pakistan At Present Has Its Own Kind Of ‘Dual System ’ In Which Both The
President And The Prime Minister Are Elected By Elected Assemblies And
Assemblies Also Have Power To Impeach Them. But The President-Cum-Army Chief
Also Has The Power To Dissolve The Cabinet And The Parliament.
Contribution By Executive :
Policy Formulation In Pakistan Is Dominated By Executive Institutions. Most Of
The Time Policy Proposals Are Initiated By Government Departments. In Order To
Co-Opt Other Stake- Holder It Is Common To Formulate Committees Consisting Of
All Stakeholders. Inputs By These Committees Are Fine Tuned In Departments And
Ministries And Then Presented To The Cabinet. Military Bureaucracy Represents
The Liberal British Traditions. Military Governments With Only Exception Of Zia
Regime (1977-88) Have Always Co-Opted Secular And Liberal Elements In The
Society. First Military Ruler General Ayub (1958-1969) Introduced Family Laws In
1961 Which “Enhanced Space- If Not Actual Rights-With In The Family” (Shaheed
1998). This Law Enabled Women To Inherit Agricultural Property. Second Marriage
Was Made Contingent Upon Agreement By First Wife, Divorce Was Made Difficult And
Compulsory Registration Of Marriages Was Introduced. Second Military Ruler
Yahiya Khan’s (1969-71) Short Period Of Rule Was Marred By Political Struggles
Of Worst Kind. However His Electoral Reforms Gave Equal Rights To Women. General
Musharaf (Present Ruler) Also Has Co-Opted The Liberal Forces. He Is A
Proclaimed Liberal And Great Proponent Of Women Rights.
Fourth Military Ruler Zia –Ul-
Haq (1977-88) Is Known For His Conservative Leanings. His Era Is Regarded As
Retrogressive For Women Rights. Hudood Laws Passed During His Period Still Are
Cause Of Concern For Women Right Activists In Pakistan. However This Era Also
Saw Some Significant Steps Towards Realization Of Women Rights. A New Women’s
Division Was Established In 1979 At The Cabinet Secretariat Level. Most
Importantly His Rule Saw An Unprecedented Inclusion Of Females In Work Force.
This Is Particularly Important For Its After Affects On Changing The Status Of
Women In The Family And Society.
Cabinet And Civil Bureaucracy Also Have Important Role In Decision Making. They
Do Play A Role In Initiation And Evolution Of Policy Proposals. Political And
Bureaucratic Elites Of Pakistan Also Like Military Elite Are Secular And
Liberal. Especially In Context Of Our Particular Policy Area Role Of Civil
Bureaucracy Is Important. As Pointed Out By Rouse (1986) The Early Rise Of
Feminist Movements Was Made Possible By The Fact That Wives Of Many Of Prominent
Civil Servants Actively Joined These Movements.
Among Other Institutions Of Executive The Role Of The Ministry Of Women
Development And Its Subsidiary Organizations As Commission On Status Of Women Is
Mentionable For Their Policy Inputs. Especially The Commission’s Reports Are
Important For Demanding Increased Quota For Women In Government Jobs .
Policy Inputs By National Reconstruction Bureau Are Also Important. Legal
Framework Order (2002) And Local Government Ordinance (2001) Which Enhanced
Women Representation In Elected Institutions Were Proposed By This Institution.
Contribution By Legislature :
Legislature Is The Supreme Policy Institution In Any Democratic System.
Legislature Is Supreme In Pakistan Too. An Important Reason For Subsidiary Role
By The Legislature Is Lack Of Experience In Managing Government Affairs And Low
Level Of Education As Compared To Civil-Military Bureaucracy.
In Particular Context Of Under Discussion Policy The Legislature Has Obliged The
Executive In Providing The Necessary Support For Its Constitutional Proposals.
Especially Mentionable Is The Seventeenth Amendment Bill Passed By The
Parliament On 31 December, 2003 Which Legitimized All The Steps Taken By The
Executive.
Contribution By Judiciary :
Judiciary As The Ultimate Interpreter Of Law Has An Indirect But Important Role
In Policy Formulation. Judiciary In Pakistan Has The Powers Of Judicial Review.
With Reference To Our Special Policy Area The Higher Courts Of Pakistan Have
Always Upheld Liberal Egalitarian Views. For Example The Higher Courts In
Pakistan Have Been Instrumental In Establishing The Right Of Adult Muslim Women
To Choose A Spouse At Their Free Will. Some Important Cases In This Regard Are
Abdul Waheed V Asma Jahangir Mehmood (1997), Humaira Mehmood V State(1999) Etc.
On The Recent Issue Of ‘Honor Killing’ Courts Of Pakistan Have Taken A Very
Egalitarian View Of Islam. One Important Case In This Regard Is Muhammad
Siddique V State (2001) .
Contribution By Interest Groups :
Role Of Interest Groups Is Not As Institutionalized In Developing Countries As
In Developed Democracies. But Groups Certainly Exist And Influence Policy
Outcomes. In Our Particular Policy Area Role Of Women “Lobby-Cum Pressure Groups
” Is Very Important. Women Played A Very Active Role In Pakistan Movement. After
Creation Of Pakistan, However, Women Organization Such As All Pakistan Women
Association (APWA) Restricted Themselves To Charitable And Welfare Activities.
Women Activism Truly Rose To Prominence During Zia's Period Mainly As Reaction
To His Islamization Campaign. Women Action Forum Was Established In September,
1981 To Protest Against Hudood Laws. The Forum Actively Opposed The Law As
Discriminatory Against Women. Over The Years These Women Groups Have Assumed The
Character Of Women Right ‘Issue Movements’ . Due To Their Consistent Efforts
These Women Groups Are Able To Put Women Agenda On Political Spectrum. By Now No
Political Party Manifesto Is Complete Without Mention Of Women Rights. Another
Important Contribution Of These Groups Is The Issuance Of Public Discourse On
The Issues Which Hitherto Were Taboos.
During Musharaf Regime All These Groups Have Become Insiders. Hence Their Role
In Present Policy Changes Is Very Important. This Is Unique Opportunity For The
Groups To Advance Their Agenda. Prominent Women Activists As Shaheen Sardar Ali,
Zubeda Jalal, Attya Anyatullah Etc Joined The Government As Ministers And
Advisors. Shaheen Was Also The Founder Chairperson Of National Commission On
Status Of Women.
Contribution By Human Rights Groups :
Women Right Has Been An Area Of Continuous Concern For Human Right Groups Like
Human Rights Commission Of Pakistan. Infact Human Right Groups And Women Issue
Movement Have Been Partners In Their Struggle Against Socio-Cultural Tyrannies.
Recently Both Have Come Visibly Close To Promote The Democratic And Human Rights
Of Citizens Of Pakistan. Their Close Relationship Is Manifested By The Fact One
Prominent Women Right Activist; Asma Jahangir Is Now Heading Human Rights
Commission Of Pakistan.
Contribution By Political Parties :
Political Parties In Pakistan Can Be Broadly Divided In To Two Categories: Main
Stream Parties As Pakistan Peoples Party And Pakistan Muslin League Etc And
Religious Parties.
Among The Main Stream Parties
Pakistan Peoples Party Is Known For Its Liberal Approach Especially Towards
Women Right Issues. The Constitution Of 1973 Passed During First Government Of
The Party Guarantees Equal Civil And Political Rights To Women. Fundamental
Rights (Articles 8-28) Given By This Constitution Guarantee The Equality Of All
Citizens Before The Law And Forbid Discrimination On Basis Of Sex. Whenever This
Party Comes To Power Women Right Activists Become Insiders As Happened During
Benazir Bhutto’s Governments (1988-90 & 1993-1996). Women Activists Joined The
Government. Policy Of Opposition Changed To Dialogue And Engagement. Women
Activists Were Now Members Of Advisory Comities And Working Groups, And They
Wrote Policy Papers And Reports. Advocacy Continued In This New Form. Feminist
Made International Alliances, Through UN Conferences And Global Networks (Mumtaz
2005). Important Steps Taken During Benazir’s Governments Include Establishment
Of A Women Bank, Women Welfare Programs In Health And Education And Many
Symbolic Steps Like Release Of Women Prisoners Etc. Presently Party Is Out Of
Power But Individual Legislators Of The Party Are Active In Initiating And
Supporting Pro-Women Legislations.
Pakistan Muslim League Is
Divided Into Many Factions. The Faction Known As Quid-E-Azam League Is Presently
In Power Supporting General Musharaf. It Can Claim Credit For Present Reforms.
In Practice It Is Prepared To Do Whatever Suits The Interests Of Real Politick.
Religious Political Parties
Represent The Right Position On Women Right Issue. There Are Different Shades Of
Opinion On The Issue Among These Parties Too. It Is Important To Note That All
These Parties Have Their Women Wings And Profess To Work For Women Rights.
However Their Concepts Of Rights Of Women May Not Always Be In Line With Liberal
View. These Parties Presently Are In Power In One Of The Provinces (NWFP) Of
Pakistan. They Have Established A Separate Female University In The Province. As
A General Rule These Parties Have Reservation On Encouraging Mixing Of Sexes And
Exposure Of Women. The Perceived Strength Of These Parties Has Always Been A
Determining Factor In Women Right Issues. Especially Under Zia These Parties
Became Insiders And Were Instrumental In Passing Such Laws As Hudood Ordinance,
Vehemently Opposed By Women Groups. In The Context Of Present Policy Changes
These Parties Have Minimal Role. Infact Their Opposition May Have Negatively
Contributed To These Policy Choices.
After Discussing The Role Of Different Political Institutions In Policy Area Of
Women Rights, It Is Pertinent To Look Into Rationale For Their Political
Behavior. There Are A Number Of Both National And International Factors Which
Have Contributed To Present Policy Choice. In Countries Like Pakistan
International Factors Sometimes Become More Important Than The Domestic Factors.
International Factors Have Influenced Under Discussion Policy Developments In
Pakistan In Many Ways. Some Steps Like Ratification Of CEDAW Are Result Of These
Commitments (Mullally 2005). Moreover Women Rights Are An Area Of Concern For
International Donors. To Co-Opt Donors Is Always An Important Concern For Policy
Makers In Developing Countries.
At Least Two Important Domestic
Factors Also Have Contributed To The Policy Choice. Firstly Secular And Liberal
Elements In Country Are Seeing This Government As Chance To Promote Their
Agenda. Secondly It Serves The Purpose Of Dividing The Political Opposition To
This Government. One Major Political Party, Pakistan Peoples Party Is Known For
Its Liberal Approach. Public Choice Theory Best Explains Present Developments In
Pakistan. Two Basic Assumptions Of Theory Are Self Interest And Rationality. The
Liberal Stance Provides The Maximum Utility Hence It Is Rational For Government
To Choose Such A Policy. The Political Behavior Of Other Institutions Of
Executive, The Cabinet And Civilian Bureaucracy Can Be Explained On The Same
Line Of Reasoning. Kingdon (1984) Is Right In Emphasizing The Complex Nature Of
Policy Choices. Role Of Ideologies Of Political Actor And Their Interest Is
Equally Important. Pervaiz Mushraf Himself And His Army Are Known For Their
Liberal Approach . These Far Reaching Policy Changes Also Represent Musharf’s
Reforming Zeal. He Claims To Become Ata Turk Of Pakistan . Ata Turk Was Key
Figure In Promoting Westernization Of Turkey. Right After His Seizure Of Power
Musharaf Set Up A National Reconstruction Bureau To Overhaul Country’s System.
Women Rights Movements In
Pakistan Generally Have Followed A ‘Two Steps Forward, One Step Back’ Path (Mumtaz
Et Al 1987). As Such Incrementalism May Be The Best Policy To Describe Evolution
Of Women Rights In Pakistan. But Incrementalism Is Not Good At Describing
Radical Changes As Are Introduced By The Present Regime. However Before Looking
Any Further Into The Subject It Is Important To Note That Most Of The Theories
About The Policy Processes Are Developed In The Context Of Modern Democratic
Societies Of The West. These Theories See Policy Formulation Mainly As A
National Phenomenon Whereas For Developing Countries Like Pakistan International
Factors Are More Important. Globalization Has Left Developing Countries With
Very Limited Policy Options. Policy Transfers Both By ‘Lesson Drawing ’ And
‘Lesson Teaching ’ Are On Increase. Policy Communities Have Assumed An
International Character. If Davis Et Al‘S (1993) ‘Garbage Can’ Or Kingdon’s
‘Short List Of Ideas’ Can Be Expanded To Include Ideas And Policies Present At
International Forums Then Most Of Policy Proposals Adopted In Pakistan Were
Already Present In This International Garbage Can. Moreover Almost All Of The
Theories About Policy Processes Are Concerned With Evolution Of Ideas Into
Policy Proposals. In Our Case The Interplay Of Factors Which Have Lead To
Adoption Of These Policies Is More Important Than The Process Of Emergence Of
Ideas. In This Sense Neville’s Framework Best Explains The Process Of Adoption
Of Under Discussion Policies. According To Neville (2002) Four Key Factors,
Institutional Arrangement, Interests Of Key Players, Ideology Of Key Players And
Social And Economic Forces, Guide The Process Of Policy Adoption. Our Discussion
Above Makes It Clear That In Present Day Institutional Arrangement In Pakistan
Liberal Approach On Women Rights Best Suits To Interests Of The Country, Hence
It Is Adopted.
References :
Burgess, S 2002, ‘Struggle For Control Of Pakistan: Musharaf Takes On Islamic
Radicals’ In
SF Burgess 2004, India’s Emerging Security Strategy, Missile Defense, And Arms
Control, Institute For National Security Studies
Bacharach & Baratz 1963, ‘Decisions And Non-Decisions; An Analytical Framework’,
The American Political Science Review, Pp.947-52
Davis, G Et Al (Eds) 1993, Public Policy In Australia, Allen & Unwin, Sydney,
Pp.172-73
Dunleavy, P & Rhodes, R 1990, ‘Core Executive Studies In Britain’, Public
Administration
Downs, A 1957, An Economic Theory Of Democracy, Harper & Row, New York, Ch. 2
Self, P 1995, ‘Economic Interpretations Of Politics’, In Government By The
Market, Macmillan Press, London, Pp.1-36
Grindle, M & Thomas, J 1991, Public Choices And Policy Change, John Hopkins,
Baltimore, Pp. 43-69.
Keman, H & Mallouk, A 2002, ‘Democratic Institutions, Governance And Political
Performance’, In H. Keman (Eds), Comparative Democratic Politics, Sage Press,
London, Pp. 257-275
Kingdon, JW 1984, Agendas, Alternatives And Public Policies, Little, Brown & Co.
Boston, Chapter, 6
Mumtaz, K 2005, ‘Advocacy For An End To Poverty, Inequality, And Insecurity:
Feminist Social Movements Of Pakistan’, Gender And Developemnt, Vol13, No.3.
Mumtaz, K & Shaheed, F 1987, Women Of Pakistan: One Step Forward, Two Steps
Back? , London: Zed Books, 71-122.
Mullaly, S 2005, ‘As Nearly As May Be: Debating Women’s Human Rights In
Pakistan’, Social And Legal Studies, Sage Publications, London.
Marsh, I 2002 , ‘ Interest Groups Analysis’ , In J. Summers Et Al (Eds)
Government, Politics, Power And Policy In Australia, 7 Th Ed, Longman Cheshire,
Pp. 345-61.
Nevile, A 2002, ‘Analytical Framework’ In Ann Nevile (Eds) Policy Choices In A
Globalized World, Nova Science, New York.
Rose, R 1991, ‘What Is Lesson Drawing?’ Journal Of Public Policy, Vol.11, No.1,
Pp3-30
Rouse, S 1986, ‘Women’s Movements In Pakistan: State, Class, Gender’, South
Asian Bulletin, Wluml.Org
Sen, A 1982 As Quoted In Self, P 1995, ‘Economic Interpretations Of Politics’,
In Government By The Market, Macmillan Press, London, Pp.1-36.
Bibliography
Kandiyoti D 1991, ‘Women, Islam And The State’, Middle East Report, Temple
University Press.
Mustafa, Z 2006, ‘Pakistan: WAF’s Long March For Equality’, Dawn, 20 September.
Basu, A 2005, ‘Women, Political Parties And Social Movements In South Asia’,
United Nations Research Institute For Development. New York.