Implications of SNC: Beyond Curriculum

Introduction

Pakistan Tehreek e Insaaf (PTI) in its manifesto, had identified the uniform system of schooling as one of its priority. It based its ambitious plan to eradicate the ‘educational apartheid’ of foreign and elite schools in Pakistan in the hopes to provide equal education to all under the ‘one nation, one curriculum’ vision of Prime Minister Imran Khan. The Single National curriculum (SNC) has been described as a means to that end. While we understand the need to provide access to quality education for all children, we also cannot help but see the fallacies of the arguments and grounds put forward by the government to impose one curriculum and the dangers it poses to not just the rights of children, their future but also to this nation and to Pakistan on the whole. The sooner these are understood and countered, the better it will be for the future of this country and its children.

SNC has as many implications as the grounds advanced for its imposition. We will address each of them in turn to highlight the fallacies and the challenges that each may pose.

Class Society and Education

The government places the blame for class inequality on the different schooling systems and the different curriculums prevalent in the country without truly understanding the class dynamics.

The assumption appears to be that if differing educational systems and curriculums are the source of unequal access to opportunities then perhaps standardization is the answer. In fact, that could not be any further from truth. This is not only an oversimplification of the challenge of ensuring quality education for all, but also flawed, both in theory and in practice at many levels. At best, it is akin to a treatment of the symptoms, as opposed to the actual disease i.e. economic inequality.

One of the key considerations of the new SNC is to move from rote learning to project based learning; but project based learning requires a learning eco-system and investment beyond the classroom as well as teacher training. However, the schools, even with the same curriculum, are not identically placed in terms of resources. How then would the class difference be eliminated merely by imposing a homogenized curriculum? The important thing to understand really is whether education the ‘cause’ or the ‘product’ of class inequality? Until this fundamental difference is understood, it is likely that all responses to eradicate the class inequality in Pakistan would remain symptomatic and consequently ineffective for a long-term and sustainable cure to the growing divide between the rich and the poor.

A class-based society originates when the means of production and wealth are unequally held and consequently, determine the distribution of power in the society. Those who control the means of production, also control the production and distribution of knowledge to perpetuate and reproduce ideas that ensure that the narrow and vested interests of the ruling groups, classes or castes are widely accepted as the interests of everyone. The fewer such actors are in a society, the more unequal it is. The lesser the diversity of thoughts and ideas, the more it is an indicator of the concentration of power in a few hands.

In other words, ideology follows the classes, not the other way around, as has been dangerously assumed under the single national curriculum. That means, that the inequalities in the society are not created because of the differing methods of schooling or curriculum, rather that the differing schooling and curriculums are created by the ruling elite as a means to perpetuate the inequalities or its dominant ideology. They are not the reason why the inequalities exist in the first place, rather they are the consequence of an unequal society based on an exploitative and unequal system of distribution of resources and power. To assume otherwise, would be to turn a blind eye to the glaring economic disparities and the systemic factors that place the means of production in the hands of the ruling few at the expense of the masses.

The sham of the uniformity argument is also evident from the fact that the new curriculum leaves co-curricular activities including, drama, sports, arts etc. out of its ambit and into the sphere of private schools who will each have different resources and so the stated equality will still not be achieved.

Therefore, the claim that one nation, one curriculum would equalise and get rid of education apartheid without first fixing the economic inequalities is false and misleading.

State Duty v Interference

The state has a duty to provide free and compulsory education. The duty entails that the state ensures that there is a public alternative to access quality education by developing good quality public schools at par with a stated benchmark. The duty of the state is not discharged by deflecting the blame on private schools or by the excessive, unfair and unnecessary regulation of private sector.

In order to fulfil this duty, the state has to ensure that a certain standard of quality education is provided in public schools and the necessary funding to ensure the minimum standards of infrastructure, equipment and teacher’s trainings is delivered so that the gap between state and private schools is reduced.

The private schools are neither responsible for the widening of the ‘quality’ gap between their institutions and the state schools nor it is their duty to provide free and compulsory education to all. In doing so, the state is penalizing the private institutions for their own failure to deliver quality education and schooling at par with globally recognised standards. A duty that they were supposed to have fulfilled, not by eliminating competition, but by offering comparable or equivalent standards.

Rights of Children

Children have several rights including the right to education, freedom of thought conscience and religion, the right to preservation of identity, the right to access information and material from a diversity of national and international sources, especially those aimed at the promotion of the social, spiritual, moral well-being and physical and mental health of the children, the right of minorities to enjoy their own culture, to profess and practise their own religion, or to use their own language.

SNC severely curtails these rights as it limits the textbooks that can be used by schools. Only 30 model textbooks are said to have been approved for use which have been prepared by the Federal Government; this affects right of students to learn from variety of resources and also impacts the democratic right of parents to choose the education they want for their children. Even though private publishers may work on developing textbooks in conformity with the SNC, but these may not be used until they have been approved by Punjab Curriculum Textbook Board, External Review Committees and Muttahida Ulema Board. No timelines for such approvals have been mentioned. On the contrary, this new 3 tier clearance and NOC process has been imposed on publishers of which only the fee of Rs 10,000 for PCTB has been prescribed while the charges for Ulema Board and External Committees are left to be negotiated by individual publishers per book per year per province. All this will result in much higher prices for the books. The use of additional books and supplementary material for education is a fundamental right and this right must be respected. Furthermore, in face of competition laws how can there be room for such monopoly by the Board?

Perhaps, the greatest impact on children would be in terms of the likelihood of their ability to compete internationally. Unfortunately, in Pakistan education has been used more as a political tool than as an endeavour to enhance the skills and abilities of the children to do well in their chosen fields professionally. The policies have been centred around the ideological narrative as opposed to pedagogical aims. This is worrying because we live in an increasingly inter-connected and inter-dependent world and face regional and global challenges that require collective actions.

The thresholds of modern industry and technologically advanced world requires advanced research and study; to be able to learn these and contribute meaningfully would require us to focus on developing analytical and critical thinking skills in the students which the existing curriculum fails to achieve. Despite tall claims of moving towards project based learning, the hangover of rote learning and memorisation shine through the curriculum and because there is lack of focus and investment on teacher training, it is unlikely that any pedagogical aims would be prioritised through SNC even though the purpose of education should be to achieve pedagogical aims as opposed to ideological or political goals. It is the question of the future of the children of this country which should never be up for politics.

Curiously, India experimented with National Curriculum Framework in 2000 on similar slogans and theological and ideological imperatives which eventually led to increased Hindutvaism; we should learn from their example, understand that in countries with rich, multiple and diverse histories, cultures and communities, imposing a singular majoritarian vision is not the most pragmatic or inclusive way to take the nation forward. Rather, hearts and minds will have to opened to embrace all the parts that make the whole and their respective freedom to develop their curriculum with their own sensibilities, language, history and objectives will have to be accepted in letter and in spirit for the federation to be successful. Excessive control at the expense of suppression of diverse but constitutionally equal voices has the danger to lead to resentments that may fuel uprisings and conflict.  

Uniform v Inclusive

Homogenizing knowledge can dilute diverse, constitutionally equal but less dominant voices necessary for critical reflection and development of ideas. ‘Sameness’ does not automatically translate into ‘high quality’. Homogeneity of education often comes at the expense of ignoring the diversity and the multiplicity of a state’s culture, politics, class, religious, regional and gender interests and are designed to ensure the long-term continuity and relative permanence of the dominant political ideology. The value system of the majority become the source of value for everyone, leading eventually to potential conflicts, particularly in countries with a diverse historic, cultural and ethnic base. The curriculum also fails to appreciate the rich diversity of language and culture in Pakistan and ends up creating the dichotomy between the ‘self’ and the ‘other’ at yet another level. The erasure of ‘others’ and their unique identity becomes a form of psychic violence and an atrocity committed against them. The single national curriculum is centred on the notion of ‘one nation, one curriculum’, which to begin with is in itself an exclusionary and silencing slogan that denies the diversity of identities prevalent in Pakistan and children too all have different learning needs.

Minority Rights

SNC violates rights of minorities under Art. 22 and 28 of the Constitution of Pakistan via several common subjects that all students are expected to study.

Rights of Parents

Under Article 26 of Universal Declaration of Human Rights, which is a very widely accepted declaration and hence evidence of customary international law recognises that parents have the first and fundamental right to choose the education for their children, SNC takes away that choice by homogenizing all schools.

18th Amendment

Finally, education is a provincial subject but SNC appears to be a de facto attempt to recentralise the subject. Never has it been debated in assembly despite MPA Bushra Butt filing a resolution for it in the Punjab Assembly, nor have the wider stakeholders including, parents, children, publishers been taken on board. This sets a dangerous precedent for provincial autonomy so we also need to think beyond curriculum and gauge the impact of SNC on the shrinking policy domain of provinces as well as on the newfound de facto basis or, to borrow the words of Justice Jawad Hassan, ‘consultative federalism’ to subvert constitutional provisions.

This raises several questions, can, for instance, Provincial and Federal Governments override the Constitution by simply desiring or being in agreement? Can fundamental freedoms argument be used to subvert the Constitution itself such as to erode the impact of 18th amendment or should they be interpreted in a manner so as not cause any inconsistency or conflict between fundamental rights of citizens and constitutional rights of provinces? In other words, do fundamental rights of people prevail over constitutional rights of provinces, which in turn, are also the rights of the people of those provinces?

Conclusion

SNC raises many pertinent questions of fundamental and constitutional rights as well as of rights of children, parents, minorities, provinces, inclusivity, state regulation, policy domain future prospects and of goals of education which will have far reaching implications beyond the curriculum. It should for this reason be revisited and be made less prescriptive to make room for the diversity and diverse learning needs of people in Pakistan that meets international standards.

Lahore Education and Research Network is a capacity building and research initiative based in Lahore. Its focus areas include, education, human rights, climate change and law.

Child Marriages: A Commentary on the Recent Judgment by Justice Anwar ul Haq Pannun | By Sara Raza

Introduction

Child marriage, which is considered as violence against children by the United Nations Children’s Fund (UNICEF), has a disproportionately high rate in South Asia, with an overwhelming majority of children being girls. Pakistan has the sixth highest number of child marriages in the world, where 21% of the girls are reported to have gotten married before 18 years of age and 3% before they turned 15, with the former globally known as the age of transition from adolescence to adulthood. Child Marriage in Pakistan, which was earlier a federal subject within the ambit of the federal legislature, was devolved to the provinces and became a provincial subject by virtue of the 18th Amendment, as a result of which each province in Pakistan was giving the power and mandate to legislate over the issue and matter of child marriages. In Pakistan, unlike in India, Nepal and Bangladesh, child marriage is still legal if a girl is above the age of 16, with the exception of Sindh, which has incorporated the universally recognized age of the child within the Sindh Child Marriage Restraint Act 2013, where a child has been defined as any person below 18 years of age.

In the wake of patriarchal notions of marriage, a recent landmark judgment rendered by the Multan Bench of the Lahore High Court recommended stringent measures to be observed in ensuring that no child marriages are given legal effect by the Nikkah Registrars and the local authorities responsible for registering marriages. The case Tahira Bibi v SHO and others, decided in October 2019 and authored by Justice Anwaar ul Haq Pannun, sheds light on some of the most significant traits of child marriage and explores the gruesome consequences of marrying young girls to men from varying age brackets, which is something customarily practiced in Pakistan.

This commentary aims to analyze firstly, the decision by Justice Pannun in the Tahira Bibi case as he highlights the issue of the age and identity of girls at the time of registering and solemnizing the marriage and explores the socio-economic context in which a child marriage may take place. Apart from the reasons why such matrimonial bonds exist and are given effect, the commentary also discusses the consequences that unleash with forced matrimony and the severity of harm that a child bride may have to bear the burden of. Hence, as a result of legal analysis from both domestic and international spheres, the recommendations propose not only prevention against child marriages, but also the same to be declared invalid, illegal and to be dissolved at the very outset.

Facts of the Case
A brief factual background of the case allows us to understand the context in which the need to discuss the issue of child marriages was presented before the Court. The petitioner who had attained majority and was sui juris had entered into a matrimonial bond with Muhammad Bashir out of her own free-will and against the wishes and without the blessings of her parents. After the marriage was solemnized, respondents No. 1 to 3, including the SHO, on behalf of the private respondents started harassing and intimidating the petitioner, forcing her to divorce her husband. Amidst these threatening circumstances, the respondents illegally conducted a raid at the petitioner’s house, which led to people from the locality being gathered to the spot to rescue her from the illegal harassment that the respondents subjected her to. In the wake of the aforementioned facts, the Lahore High Court’s jurisdiction was invoked where the petitioner claimed being aggrieved of the behavior and conduct of the official respondents and prayed for an end to having herself and her family harassed at the hands of those trying to meddle and interfere with her matrimonial life.

Issues before the Learned Judge and Analysis of the Applicable Law
Justice Pannun, in his judgment, has carefully scrutinized the nature of similar cases, where one of the parties to a lis may have contentions over the allegedly illegal marriage, while the other may try to prove the validity of the marriage and pray for the undue influence and harassment at the hands of family members and relatives to be put to an end.

Before delving into the analysis of the case and the discussion of the issues at hand, it is pertinent to note that the Child Marriage Restraint Act, 1929 (“1929 Act”) – the act in question – extending to the whole of Punjab, and applicable to all the citizens of Pakistan, prescribes punishment for three main parties: (i) a person (not a minor) marrying a child; (ii) a person solemnizing a child marriage i.e. performing, conducting or directing any child marriage; and (iii) a parent or guardian concerned in a child marriage. However, nowhere in the Act does the law refer to a child marriage being invalid and illegal for the purposes of registration and solemnization. The law focuses on holding those involved in child marriages accountable for their acts by only putting forth deterrents such as fines and imprisonment periods, rather than nullifying the marriage in and of itself. And hence, the lack of implementation and violation of the provisions of the Child Marriage Restraint Act, 1929, kicks in at a time when one of the most significant problems of registering the marriage arises.

Age and Identity of Girls
The practice of Nikkah Khwans and Registrars registering marriages without requiring any proof of the age of the parties, especially girls, is highly problematic and leads to many minors falling prey to family pressure and external influences that govern their forced matrimony. Authentic identification and documentation such as the National Identity Card issued by NADRA, B-Form, School leaving certificate, a medical certificate by a competent authority, or a Birth Certificate issued by the Union Council are examples of the identity documents that authorities can rely on at the time of registering marriages to avoid aiding in the commission of a crime that is child marriage. However, the authorization that licenses the Nikkah Registrars to solemnize marriages, gives them immense power to change the shape and form that a marriage may take by playing tic-ta-toe on the piece of paper called Nikkah Nama that goes on to govern the rights and obligations of the husband and wife. The authority assumes within it the power to cross out one of the most substantive rights provided to the wife in Islam to protect herself from an ill-timed and thoughtless talaq pronounced by the husband in a sudden outburst of anger – the right of talaq al-tafwid. Talaq al-tafwid, also known as delegated divorce, as a right, is articulated in column 18 of the Nikkah Nama, where the husband delegates to the wife the right to divorce him unilaterally. Hence, in child marriages more than any other, the crossing out of clauses and columns amounts to denial of rights that have been otherwise promised to wives under Muslim Personal Law and govern the marriage by allowing them to benefit from the protections laid down to empower them. Even in the Tahira Bibi case, a notice of criminal negligence was issued to the Director, Local Government, Multan vide order dated 15th October 2019, wherein it was noticed that he had left some columns blank and had not filled in others as accurately as the response from the bride and the bridegroom required. Therefore, in the absence of a regulatory framework and Standard Operating Procedures (S.O.Ps) that should be put in place to ensure compliance with the provisions of the 1929 Act and the Muslim Family Law Ordinance, 1961 (MFLO), child marriages warrant an abhorrently unfair number of violations of the law.

The illegality pertaining to child marriages is evident from the incompetence of the child to enter into the contract of marriage. In Islam, the concept of a girl becoming competent is dependent upon the attainment of puberty. However, the age at which a girl is considered to have entered adulthood varies with differing resources, where the High Court relied upon Fatawa Alamgiri which indicates that the lowest age of puberty according to its natural signs for girls, is 9, whereas for boys, it is 12. However, in the instance that signs do not appear naturally, both males and females are considered an adult on the completion of 15 years of age. This concept of considering a specific gender as an adult without certainty of attaining puberty is intrinsically complicated to understand because some children reach puberty at later stages in their teenage. Similarly, the categorization as an adult at the age of 15 can even be construed to mean that a child can be deemed an adult by a parent or guardian and hence, be forced to set foot into a matrimonial bond, which clearly does not comply with the provisions of law against child marriage. On the flip side, it is also viewed as allowing a girl to enter into a marriage before the attainment of puberty, but at her own discretion and with sufficient understanding and by seeking the consent of a guardian. Historically, parents, guardians and other family members have used this side of the argument to justify getting their young daughters married to men of significantly older ages. Girls have been disproportionately impacted by the age difference intertwined in child marriages due to the ‘option of puberty’ also known as Khyar-ul-bulugh, which has been remarkably explained by Justice Pannun. He has also quoted Mohammaden Law in the following words:

“When a marriage is contracted for a minor by any guardian other than the father or father’s father, the minor has the option to repudiate the marriage on attaining the puberty.”

While Islam allows the girl to repudiate marriage on attainment of majority and understanding the marriage, this right ceases to exist for the girl if she fails to repudiate the marriage without reasonable delay. In addition to this, even though the Dissolution of Muslim Marriages Act, 1939, does give the right to repudiate marriage before the girl turns 18, the pre-condition for a girl to opt for such repudiation is that the marriage should not have been consummated. However, the same right continues for the male till such time that he expressly or impliedly ratifies the marriage by payment of dower or cohabitation. The controversy that surrounds the option of puberty is attached to the stigma that a girl’s right to repudiate marriage is linked to the sexual status within the marriage, however, the same is not true for a man whose right is neither affected nor has any linkage or connection with the consummation of marriage.

Socio-Economic Concerns
Moreover, to prevent child marriages from taking place, it is pertinent to understand the reasons why such marriages are entered into and what consequences they prevail, which need particular redressal. The socio-economic background at play is what assists the initiation of many early age matrimonial bonds. In rural and poverty-stricken areas, where people, especially girls do not have access to decision making processes and much of a say in household matters, let alone access to education, girls are more likely to get married at early ages. In addition to financial depravity, the essence of patriarchal practices and misogynistic attitudes hardly leave daughters and sisters with a choice to marry of their own will or at an age of their choice. Therefore, with haste in marriage and little to no understanding or compatibility between partners, girls at young ages end up being subjected to harsh consequences such as pregnancy-related issues and other medical and health-related complications that are furthered by domestic violence and abuse at the hands of their husbands. Early marriages are also a severe consequence of lesser economic opportunities and lower social mobility, with girls not having enough power to express refusal to marry a man at a young age let alone the one of their choice. The influence that the more powerful sex (male) exercises over disempowered, suppressed and oppressed females is what relegates women to dependence on men and simultaneously, a denial of opportunity to better life for themselves. And hence, in many households this ‘circle of life’ passes on from one generation of girls to the next, with mothers not having enough say to decide differently for their daughters, and consequently helplessly watching them go through the same.

It is also proven to be correct that the wider the length of the reproductive span of a girl, the greater the reproductive burden. As a result, maternal health complications lead to higher mortality rates, miscarriages, postpartum hemorrhage, and even other sexually transmitted diseases, especially when their husbands, on the other hand, are involved in polygamous relations.

Jurisprudential analysis, Legislative Developments and Global Trends
The judgment by Justice Pannun also went a step further in determining the impact of lack of education on females by discussing the importance of the constitutional provisions encircling the right to life vis-à-vis child marriages. The Court relied upon Bushra Jabeen and 367 others v Province of Sindh through Chief Secretary and others wherein it was held that the right to life includes the right to education as stated under Article 25-A of the Constitution of the Islamic Republic of Pakistan, 1973. Therefore, it becomes the primary responsibility of the State to provide free and compulsory education to all children of five to sixteen years of age, which will subsequently create awareness about the law, children’s rights, and empower them through channels that promise deterrence for violation of the law. The judgment also linked the rate of literacy of a nation to its population growth and the sustainable use of resources available. In a human rights case, 2019 SCMR 247, the Supreme Court observed as follows:

“The steadily increasing population rate in Pakistan is a ticking bomb which will certainly not wait till it is convenient for us to take note of it. What will follow this population explosion is starvation, famine and poverty, the likes of which are already visible in areas like Thar. Other indicators of overstretched resources and infrastructure are apparent in Pakistan’s unemployment rate, maternal and child mortality rate, literacy and educational enrolment figures, and access to clean water and adequate food.”

Hence, Justice Pannun remarkably pointed out one of the most noteworthy aspects of population control by making reference to the International Conference on Human Rights in Tehran in 1968, wherein the need for ‘family planning’ was recognized, both as a right and as a means of enabling other human rights. And hence, it was emphasized that parents should have the basic fundamental right and freedom to determine the number of children, and plan and space out births as they wish. When parents will focus on planned reproduction and promise a better future to their children, international community standards will be fulfilled for the progeny to have a secure life ahead and an economically viable generation to thrive in.

The requirement of a minimum age for marriage is a condition most needed to discourage parents and guardians from marrying off their daughters at early ages. According to the International Covenant on the Rights of Child, a child is defined as a male or female below the age of eighteen. Even though internationally and legally, all over the globe, a child is any person below eighteen, Pakistan has set different standards for considering if a person is a child, while also differentiating between a male and female child. Sindh is the only province that has the same legal age for both male and female, with a child being anyone below the age of 18. However, in Punjab the legal age for marriage remains 18 for boys and 16 for girls, with the latter still standing in contravention with the globally recognized standards for marriage. While Balochistan is still governed by the Child Marriage Restraint Act 1929, there is currently a bill on prevention of child marriages being tabled in the KPK Assembly.

The issue with the law is the absence of a clause that requires the dissolution of a child marriage. In 2015, a bill was proposed on federal and provincial levels where it, inter alia, stated that once the court takes notice of a child marriage, it will stand dissolved. However, no such amendment has been introduced in any of the provincial legislatures. One of the contentions raised by the Council for Islamic Ideology was that Islam prescribes no age for marriage hence, the law must remain silent on setting the age of the person eligible to marry. Perhaps the most discouraging attitudes of our government stemmed from the Council of Ideology’s perspective on this bill that they considered to be anti-Islamic, especially after it had already been opposed and termed as un-Islamic by the Religious Affairs Minister and the Minister of State for Parliamentary Affairs. However, among many women who supported the bill in the National Assembly, Dr. Shireen Mazari speaking in favour of the bill presented arguments similar to those proposed by PPP’s Sherry Rehman who had upheld the same rationale during discussions on her bill in the Senate. Dr. Mazari added that a “number of Islamic countries, including the UAE, Turkey, Egypt and Bangladesh, had already enforced similar laws restraining the marriages before the age of 18” which is a clear and helpful example for Pakistan.

Even though child marriages have a number of complications and issues associated with the relationship dynamics it ensues, the way it affects a girl’s personal space, health, and bodily autonomy has been widely criticized and advocated against by international experts and human rights organizations. In a joint statement by the executive directors of the UNICEF, United Nations Population Fund and the U.N. Women on the International Day of the Girl Child 2012, it was stated:

“Married] girls are not only at risk of early and unwanted pregnancies, but the complications associated with pregnancy and child-birth are among the leading causes of death for girls aged 15-19 worldwide. Child brides are also more likely to experience discrimination and violence. Too often, they have little or no ability to leave abusive partners and secure the social and legal support they need to improve their situation.”

Serious reproductive health concerns have also been highlighted and studied by international organizations such as the Center for Reproductive Rights, where in its child marriage fact sheet, it pointed out the key issues associated with child marriages in South Asia and how only a few countries were involved in resolving the problem. Unfortunately, there was no mention of steps that Pakistan was taking in order to address the heinous crime that is being committed in every part of the country. With regards to access to adolescent-friendly sexual and reproductive health information, the Committee on the Rights of the Child (CRC Committee) expressed grave concerns regarding the people in Pakistan who are yet to openly accept the concept and understanding of adolescent reproductive health in order to work towards it and implement measures for the same. The Committee emphasized that there is a clear “lack of access to sexual and reproductive health counselling and services, especially within rural areas of Pakistan” which does not make the Pakistani society very open to the idea that awareness and education about sexual or reproductive health should be disseminated widely. The CRC Committee encouraged Pakistan to “establish more programmes and confidential services in the area of adolescent health” and “elaborate clear policies and, when applicable, legislation addressing adolescent health-related issues, in particular early marriage and pregnancies.”

Moreover, in order to address violence against women and girls within the context of marriage, international bodies and experts have once again expressed grave concerns regarding child and forced marriages in South Asia. With the CEDAW Committee voicing their concerns regarding marital rape and the absence of clear legislation criminalizing the said act, there is a dire need for the legislature to delve into making laws that address not just the illegality of child marriages, but the acts that follow through, such as forced sexual intercourse (rape) under the grab of marriage, which should be criminalized regardless of the marriage being valid or invalid.

Recommendations and Conclusion

Union Councils, in instances of child marriages, are required to play a proactive role, which the Court has called loco Parentis i.e. ‘in place of a parent’. The obligation is on the Union Council to lodge complaints effectively and immediately on the receipt of Nikkahnama forms, columns of which have not been accurately filled. Furthermore, a quarterly report needs to be prepared in order to document and record all complaints lodged during a quarter and furnish the same to the Director General Office for information. And most importantly, an authority and entity that fails to fulfil its duty and function amounting to negligence, shall render himself liable for imitation of disciplinary proceedings against him under the relevant law. While there are some conditions that are stipulated within the judgment and shall be abided by before a marriage is solemnized and contracted, every solemnized marriage under the Muslim Family Law is mandatory to be registered. And according to the MFLO and West Pakistan Rules under MFLO, the Union Council is authorized to issue a license to one or more persons who are fit and proper to solemnize the Nikkah and are known as Nikkah Khwans or Nikkah Registrars as has been mentioned above.

It is with issuance of such a license that the so-called registrars attain the status of a licensee, wherein if they violate the provisions of law and fail to register the marriage according to specified S.O.Ps (such as asking for proper identity documentation), their license can be revoked and cancelled by the Union Council. Hence, if an invalid and illegal marriage comes into the knowledge of the Union Council, the complaint filed by them can result in the contracting party, promoters of the marriage and the guardians being held liable for arranging and contracting the marriage against the Child Marriage Restraint Act, 1929. Additionally, when such a marriage is brought to the notice of the Court, it becomes the responsibility of the judiciary to dissolve the child marriage on the pretext of being illegal and invalid. However, the hands of the judiciary are tied unless the legislature passes a law on the dissolution of child marriages to dissuade parents, guardians and others directing, conducting and performing a child marriage from getting involved or aiding in an act that should not even be recognized under the law in the first place, let alone be registered.

As is stated in our constitutional jurisprudence, the State shall protect the institution of ‘marriage, the family, the mother and the child’, and similarly, it is important for us to navigate our roles within the larger framework, rather than solely depend on the State to take action. With each child marriage that is contracted, a child’s fundamental guarantees under the Constitution and basic freedoms embedded in the international human rights framework are violated. Adolescents and even younger children are the children of the State, of their guardians, of their family members. They are the responsibility of each party involved in making decisions for them. For every other child that gets married, a heinous crime of an insensitive and cruel nature is committed, which is unkind to the life a child can most likely spend, away from the horrific torture inflicted upon them of tying the knot at an age where they are lacking basic understanding of themselves, their bodies, their habits, and growing into a person that they are becoming familiar with.

At an age when children are known as minors under the law, pushing them to have married lives of their own, is unfair to them as they neither understand the concept of a matrimony nor are they mentally or physically ready to accept the intrusion it brings to their life. Hence, child marriages should be strictly monitored to penalize the people actively involved in contracting the marriage (except children) and those abetting and aiding in the same. For bringing an end to child marriages, an end to illiteracy is what is needed, and should be struggled for; with literacy not being limited to textbook curriculum, but extending further to actively understanding the obligations of parents and guardians, and the rights and protections afforded to children under the law.


Sara Raza is a lawyer based in Karachi. She holds a BA-LL.B (Honours) from the Lahore University of Management Sciences. She is a strong advocate of women empowerment and gender equality. She is interested in gender justice and women’s rights and is a member of Women in Law Initiative Pakistan.

End Notes:

https://www.unicef.org/rosa/what-we-do/child-protection/child-marriage
https://www.girlsnotbrides.org/child-marriage/pakistan/#:~:text=21%25%20of%20girls%20in%20Pakistan,brides%20in%20the%20world%20%E2%80%93%201%2C909%2C000.
See, for e.g., CEDAW Committee, General Recommendation No. 24: article 12 of the convention (women and health), (20th Sess., 1999), in Compilation of General Comments and General Recommendations Adopted by Human Rights Treaty Bodies, at 359, para. 28, U.N. Doc. HRI/GEN/1/ Rev.9 (Vol. II) (2008); ECSR Committee, General Comment No. 14: The right to the highest attainable standard of health (Art. 12), (22nd Sess., 2000) in Compilation of General Comments and General Recommendations Adopted by Human Rights Treaty Bodies, at 84, para. 21, U.N. Doc. HRI/GEN/1/Rev.9 (Vol. I) (2008).
Writ Petition No.15567 of 2019.
The Child Marriage Restraint Act, 1929, s. 4.
Ibid, s. 5.
Ibid, s. 6.
Mohammedan Law, para 274. Also, see para 6 of the judgment.
The Constitution of Islamic Republic of Pakistan, 1973, art. 9.
2018 MLD 2007.
Human Rights Case No. 17599 of 2018.
https://www.geo.tv/latest/232082-child-marriage-is-illegal-in-sindh-but-not-in-other-provinces
https://voiceofbalochistan.pk/opinions-and-articles/social-development/balochistan-awaits-legislation-on-child-marriages/#:~:text=It%20discourages%20the%20solemnization%20of,law%20has%20a%20few%20shortcomings.
https://www.dawn.com/news/1479444
http://www.unwomen.org/
en/news/stories/2012/10/joint-statement-international-dayof-the-girl-child-2012/#sthash.IplX3Gnj.dpuf
http://reproductiverights.org/sites/crr.civicactions.net/files/documents/ChildMarriage_FactSheet_Web.pdf
CRC Committee, Concluding Observations: Pakistan, para. 64, U.N. Doc. CRC/C/PAK/CO/3-4 (2009).
Ibid.
Ibid.
CEDAW Committee, Concluding Observations: Pakistan, para. 21, U.N. Doc. CEDAW/C/PAK/CO/4 (2013).

The Economic Fallout and Invisible Hand of Market Forces – Sheraz Zaka

We all are living in strange times as according to Yuval Noah Harari in his book ‘Sapiens’ wrote that many short-term emergency measures become a fixture for life because the risk of doing nothing becomes bigger in crisis -like- situation; decisions which could take years of deliberation are then made promptly in few hours keeping in view desperate times call for desperate measures.

The world has come to a stand-still due to the outbreak of corona virus. The economic consequences are going to get manifold with the passage of time in case the deleterious effects of the pandemic are not controlled. It takes us back to year 1918 when similar effects were witnessed in US due to the spread of pandemic Spanish flu. The current scenario also harkens us back to 1930s when there was great depression and the economies of US and European countries plunged into deep recession which led to abrupt rise in unemployment levels. In Pakistan it has been for the first time witnessed in history that due to the spread of this deadly virus and its looming threat, the economic activity has been brought to a halt.

The world over has never seen such drastic effects on global economy due to the spread of disease. Financial markets have slowed due to the capital outflow; production of multinational companies have reduced; people are becoming unemployed; poverty levels have risen due to the decrease of their real income; tourism activities have been curtailed; exports have decreased; flights operations have been cancelled and overall the free flow of goods and services led to overall drastic cut in GDP growth rates. Due to the drastic cut in economic activity the size of global economy has shrink and eventually its spill over effects on developing countries like Pakistan is likely to aggravate if the situation further worsens.

Pakistan is a developing country and its exports primarily comprising of agricultural and textile products. With the pandemic has taken its toll over the entire global economy, the situation is likely to result in decrease of exports for Pakistan. However, it will be offset by the decrease of oil price which at present, is at its lowest ebb in the past thirty years. The decrease in petroleum products’ price is likely to save the cost for Pakistan’s oil import bill. The government has taken a good step by decreasing the petrol prices by Rs. 15 per litre to ameliorate the woes of common man in the ongoing turbulent situation. However it has kept the interest rates high at 11 percent. Although the government has cut the interest rates from 13.25 percent to 12.5 percent and then recently further brought down to eleven percent, still the economic experts say that interest rates in Pakistan are one of the highest in the world.

Contrary to this, in other countries like US and European countries the interest rates have been drastically cut to zero percent in order to keep the cost of capital low in this recessionary period in order to boost demand. Keeping interest rates as much low as possible is essential due to the economic slowdown and hence it has become indispensable to keep the cost of doing business low. The government of Pakistan also needs to heed attention towards its monetary policy and bring interest rates to zero percent keeping in view the economic losses suffered by the big businesses and small medium enterprises. It is further notable that at present government is giving finance at 7 percent to those entrepreneurs who want to start new business enterprises whereas the already established businesses are being granted finance at higher interest rates at 11 percent which is a poor policy.

The government at present is only keen to attract hot money in its treasury bills to keep the currency afloat and reduce its current account deficit level. It is not bothered about to pay attention to the woes of local businessman who is aggrieved by the high interest rates and further bogged down by the high import duties. By reducing the interest rates it would not only help the local entrepreneur but the government would also save its interest payment cost. At present, most of the credit—-approximately more than seventy percent—— has been taken by the government and by reducing the interest rate, government would be saving its interest payment cost.

The government should give a stimulus in the economy by not only reducing the interest rates to zero percent but also by reducing import duties on the imports. Furthermore, the government’s department Federal Board of Revenue, has got hold over the sales tax refunds of business enterprises which it must pay back immediately as a relief. At present, there is a lack of liquidity and hence in this hour of need the government needs to give stimulus to businesses so that liquidity is injected. Farmers should be given cheaper credit and fertilizers at reduced prices.

People who are likely to suffer the most are the daily wagers who are likely to be laid off if businesses are not doing well and their going concern is being jeopardized. Hence the government should identify the people who are living below poverty levels so that they are given financial support through either income support programmes or Employees Old Age Benefits Institution(EOBI).

In this respect, the federal government must co-ordinate with provincial governments to launch income support programmes for the poor working class and clamp down upon the hoarders who are responsible for causing shortages in basic food items. It was the slogan of the present government before the elections that it will play an instrumental role in framing such policies that would reduce the disparity between rich and poor in order to make Pakistan prosper and a welfare republic. Hence the state must fulfil its constitutional responsibility by acting promptly, rather leaving it to the invisible hand of market forces.

The writer is a human rights activist,lawyer and teacher. He can be contacted at
sheraz.zaka@gmail.com

This article was first published in Daily Times and can be viewed here

All views expressed are of the author. LEARN takes no claims arising out of the text or for the accuracy of the information provided in it. Any claims arising out of the article are the sole responsibility of the author.

Black Swan: Foreign Policy and New Global Order – Sheraz Zaka

The world has never seen such tumultuous times since Second World War. The novel corona virus has led to such catastrophic consequences that the largest economy in the world, US, has witnessed unemployment rate in double digits. Surely, as the experts say, the pandemic can be classified as a ‘Black Swan’ event. Coupled with the decreasing oil prices due to decrease in demand overall has led to drastic cut in the profits of oil companies. It was the US president Donald Trump, who initially advocated the low prices of oil and gasoline for the benefit of consumer welfare but at present, he seems to be worried about the decrease in these prices to what they were thirty years ago. The low demand for oil has engendered the threat of unemployment as there is a likelihood that workers would be laid off.

The massive cut in oil prices is also due to the fact that a dispute has emerged between Russia and Saudi Arabia who are amongst the top three oil producers. The issue arose as result of increased supply from a price war between Russia and Saudi Arabia. The reduced demand is simple to understand: factories are idle, airlines are flying less and people are staying at home. More complicated is that the supply of oil is in abundance: talks between OPEC members, a cartel of countries that control much of the world’s oil production, fell apart as Russia and Saudi Arabia failed to agree on a pact to reduce production. Instead, the two countries, the world’s second and third largest producers of oil, announced that they would increase production, further driving down the price.

In America, the immediate problems are the survival of energy companies and the job security of the nearly half a million people they employ. Due to low oil prices, US oil companies have been faced with daunting task to reach break- even point. There is now a huge gap between the cost to drill for oil domestically and the price paid for oil on the market. Producers in Texas, who have experienced a boom in recent years, need oil to trade around $50 per barrel to break even, according to a survey. Oil prices in Texas dipped just below $20 per barrel in recent weeks. Oil companies are running out of storage place to store oil they produce, which means that in the future that the price of oil could drop even further if the same situation persists. Oil has shaped U.S. foreign policy since the presidency of Franklin Roosevelt and in recent weeks, the current US administration has used low oil prices to pressure geopolitical foes like Iran and Venezuela.

The sharp decline in oil prices also presents national security and geopolitical concerns. Sustained low oil prices will lead to a huge budget deficit in many developing countries, from Brazil to Oman. That fiscal deficit would almost certainly exacerbate challenges these countries face amidst the coronavirus pandemic. The bigger long-term geopolitical consideration concern may be the implications for the Middle East, where the U.S. still keeps thousands of troops. According to Justin Worland, a political and international affairs expert, Iraq’s fiscal breakeven point for oil, the price that is necessary for an oil exporting state to balance its budget, is $60 per barrel, as analyzed through the statistics of International Monetary Fund.

In the future, the foreign policy is likely to be influenced by health considerations. Countries are likely to cooperate on research regarding health related issues. The way China has come out of the corona pandemic is phenomenal and many political experts state that China’s offer to help the other countries including US and European countries would likely result in expansion of China’s influence in the global politics and it would further push China to become a superpower, much to the dismay of US.

For instance, according to survey mentioned in ‘Foreign Affairs’ magazine, Italy’s urgent appeal for medical equipment and protective gear has been answered affirmatively by China. China publicly committed to sending 1,000 ventilators, two million masks, 100,000 respirators, 20,000 protective suits, and 50,000 test kits. China has also dispatched medical teams and 250,000 masks to Iran and sent supplies to Serbia and Pakistan.

The status of the United States as a global leader over the past seven decades has been built not just on wealth and power, but also from the United States’ domestic governance paradigm, its’ progress in research, intellectual property rights, biotechnology, provision of global public goods, and ability and willingness to organize and coordinate a global response to crises. Albeit, the coronavirus pandemic is testing hitherto U.S. leadership.

As US administration is reeling through Corona-pandemic-crisis, Beijing is moving quickly to take advantage by filling the vacuum and leveraging to position itself as the global leader in pandemic response. It is working to promote and espouse its own system, to provide material assistance to other countries.

China also understands that if it is seen as leading, and Washington is seen as unable or unwilling to do so, this perception could fundamentally alter the United States’ position in global politics and the contest for leadership in the twenty-first century.

The lesson that we can draw from the current pandemic crises is that never before in the history, apart from economic consideration, fear factor has, hitherto, been so effective tool to influence foreign policy and shaping the global order. In future, rising nationalism, call for re-shoring and protectionist measures by the developed economies cannot be ruled out.


The writer is a human rights activist, lawyer and teacher.
sheraz.zaka@gmail.com | Mobile Address:03234239192

All views expressed are of the author. LEARN takes no responsibility for the accuracy of the article. All claims arising from the article or related to it should be made directly against the author.

COVID-19, the Right to Life, and Domestic Violence – Haniya Hasan

COVID-19 has managed to disrupt much of ordinary life, confining us to our homes, and shuttering up the world around us. A welcome change this might be for many, but not for one group of the especially vulnerable: women who suffer domestic violence. An alarming revelation that has appeared in various countries is the plight of women who are now effectively trapped with their abusers in their houses. This is the consequence of the global lockdown being implemented in many countries; not only are people told to stay inside, social care services like women shelters, support networks, and helplines have also closed their doors or limited their outreach.

This creates an intersectional dilemma with a lot of moving parts: protecting women and ensuring justice, all the while preventing the spread of infectious disease. In Pakistan, access to helplines and courts has been halted, discontinuing the relief they provided to Pakistani women. This is not just an occurrence in Pakistan, with Italy, France, the UK, and China also reporting the suspension of institutions and facilities aimed at protecting women. Consequently, all these countries have also reported a nationwide spike in domestic violence cases since lockdown.

Countries are facing an operational challenge; a balancing act of sorts to protect the population from disease as well as the violence borne out of close confinement. Here, the understanding and implementation of human rights law is crucial.

In a healthcare crisis of this magnitude, it is inevitable that particular human rights are given more priority over others operationally i.e. rights are not suspended in substance but are functionally overridden by public health precautions; e.g., protecting the right to life by providing necessary healthcare is more important than protecting the right to freedom of movement.

But within the rights that are prioritized in the circumstances, care must be taken not to overstate the healthcare aspect of rights. The right to life-saving treatment is not the only aspect of the right to life that needs to be respected by States right now. The right to life also empowers States to ensure that women are protected against domestic-violence and are provided with efficient facilities to give effect to that protection, including access to the legal system. The provision of helplines, shelters, and even court access (to process divorces, or to grant restraining orders) must continue with special government support.

Following a lockdown order, the loss of economic opportunities, confinement, and the anxiety resulting from such circumstances can all aggravate perpetrators to lash out against women. Much of the measures that we are seeing now in Europe such as requisitioning hotel rooms as safe shelters for victims to quarantine in have been ad-hoc as domestic-violence cases spiked following lockdown.

The government policy in any State, in the following weeks and months will need to highlight more permanent solutions to protect women from the psychological and/or physical trauma that is triggered in part by the necessary public health measures required to halt the spread of COVID-19.

Haniya Hasan is a legal researcher and academic, based in Islamabad, with an interest in public international law. She is a graduate of the University of London.

The Amazon in Danger | Mumtaz Mir

The Amazon Rainforest is a moist, tropical, broadleaf forest, which is in the Amazon biome and covers a majority of the Amazon Basin in South America. Its area is 5.5 million kilometres square and it spreads out over nine nations- Brazil, Peru, Colombia, Venezuela, Ecuador, Bolivia, Guyana, Suriname and French Guiana, but majority of the forest is located within Brazil. The Amazon comprises of over half of the remaining rainforests of the planet, plus, is home to an estimated 390 billion individual trees, divided into 16,000 species.

Recently, it was discovered that the Amazon has been burning for months now, with the month of August seeing a rapid growth in the number of observed wildfires, which were first reported by Brazil’s National Institute for Space Research, in June and July, 2019. The location of these fires was detected by MODIS (Moderate Resolution Imaging Spectroradiometer) from August 15 to August 22, and they mainly occurred within Brazil, Bolivia, Peru and Paraguay, during this year’s Amazonian dry season. Statistics show this year has seen 40,000 fires since January, which are still ongoing. This has caused 906,000 hectares of the rainforest to be burnt.

Moreover, Brazil’s satellite agency has detected over 74,000 fires between January and August. The matter of Amazon’s wildfires caught international attention only last month, after Brazil declared a state of emergency, otherwise, unnoticeable media coverage was given to this urgent matter when it first started. CNN reported that the number of fires in Brazil this year, is the highest on record since 2013, and has increased by 85% from last year.

Fire is usually used to clear out land for farming or ranching. For this reason, Christian Poirier, the program director of the non-profit Amazon Watch, told CNN that the huge number of fires can be attributed to humans. On the other hand, Brazil’s President, Jair Bolsorano, suggested the fires were set by non-governmental organisations in retaliation to funding cuts, although he provided no evidence for this, according to BBC.

Politicians and environmental activists are taking a stand against Bolsorano and are blaming the fires on his policies- he has not condemned deforestation and supports clearing of the Amazon for agriculture and mining. He believes that smaller groups of people should be held more responsible for starting of the fires, rather than big corporations. Another source has reported that China’s desire for more soybeans and agricultural products has driven up the demand for more farmland, which is contributing to deforestation.

The primary reason why these Amazon wildfires are hazardous and life-threatening, is the fact that the forest produces 20% of the earth’s oxygen, (which is why it is called the earth’s lungs). It is considered vital in slowing down global warming. The large swaths of the rainforest play a crucial role in the world’s ecosystem as they absorb carbon-dioxide and heat, and produce oxygen.

The European Union’s satellite program, Copernicus, released a map showing smoke from the fires, spreading all along Brazil to the east Atlantic coast. It also reported a “discernible spike” in emissions of carbon-monoxide and carbon-dioxide, generated by these fires. In addition to this, the smoke has reached to Sao Paulo, which is more than 1700 miles away from the forest. This was known through social media that showed images of giant plumes of smoke emerging from the greenery, leaving behind blackened waste in its wake.

Mazeika Sullivan, an associate professor at Ohio State University’s School of Environment and Natural Resources, explained that the fires could have a massive toll on the wildlife in the Amazon rainforest, because these animals aren’t adapted for extraordinary fires. Lizards, sloths, anteaters and frogs may perish in large numbers as compared to others, due to their small size and very little mobility; additionally, Endemic species like Milton’s Titi and Mura’s saddleback tamarin are believed to be affected adversely, as well.

Aquatic species, like the Red-bellied Piranha, Electric Eels, Bull Sharks, and Pancake Stingrays (among many others), could be affected too. This may be because of the changing of the water chemistry, due to the fires- it will result in water becoming unsuitable, for life.
Various tribes living in the Amazon, (the indigenous people), are particularly at risk. On January 31, the largest of Brazil’s indigenous protests took place, against Bolsorano’s policies.

According to CNN, the French President Emmanuel Macron, said that G7 countries would release $22 million, to provide financial support to help in fighting the fires in the Amazon rainforest. The funding pledge was announced as leaders of the G7- Canada, France, Germany, Italy, Japan, the UK and the US- continue to meet in France. Furthermore, the Defence Ministry of Brazil has said that 44,000 troops are available to help in the effort, after President Bolsorano authorised the military to overcome the blazes. On August 22, the Bishops Conference for Latin America called the fires a ‘tragedy’, and encouraged the UN, the international community and governments of Amazonian countries to “take serious measures to save the world’s lungs”.

Meanwhile, other efforts are being taken by influential people to cater this critical situation. American actor, Leonardo DiCaprio, said that his environmental organization, Earth Alliance, is donating $5 million to indigenous communities to help protect the Amazon. Also, Bernard Arnault, (who is Europe’s richest man), declared that his Louis Vuitton Moet Hennessy group will donate $11 million to aid in the fight against the wildfires.

In Pakistan, the civil society, especially Climate Change Pakistan, a privately run forum has been raising voice about this, as well as suggesting alternative measures to create urban forests and control carbon emissions. Through writing, marches, social media awareness, more people can be involved in the process.


Mumtaz is 15, and O’Levels student who reads fiction and writes poetry.

The Views expressed herein are of the author. LEARN takes no responsibility for the accuracy or any other claims related to or associated with the content.

Climate Change | Mahnaz Mir

The climate system encompasses five interacting parts – the atmosphere, hydrosphere, cryosphere, biosphere, and lithosphere – which are working cooperatively to maintain the earth’s temperature. The biosphere or ecosphere literally interprets as the layer of the planet Earth where life exists. The atmosphere is simply the air, or a mixture of gases, surrounding the earth. The hydrosphere would be all the water content found on and around the earth; while the cryosphere are those portions of the earth that comprise only of frozen water content. The lithosphere – which is the outer most shell of the earth (the crust) – influences the atmosphere dynamically. This is because of the winds blowing over the surface of the earth, which directly influence the climate of a certain area. Climate change refers to significant, long-term changes in the global climate.

When the climate system of the earth changes, new weather patterns are formulated. If these changes in the earth’s temperature are declared permanent – or have lasted for at least thirty years – it can be said that climate change has occurred. This new climate system can last from only a few decades up to a million or more years. A major aspect of current day climate change is global warming; both of these being closely related. Human caused global warming has played a vital role in climate change – thus impacting both human and natural systems on all continents and across the oceans – but negatively. The greenhouse effect is a natural process that warms the earth to keep up a suitable temperature, but the enhanced greenhouse effect is to be looked out for. The alarming rate of enhanced greenhouse effect is nothing but damaging to the environment and is feeding climate change.

When the sun’s energy (rays) reach the earth’s surface, only some of it is absorbed while the rest is reflected back to the space and re-radiated by greenhouse gases. Now the only difference is that the induction of other greenhouse gases – caused by human activities – causes the enhancement of the greenhouse effect. This warms the earth further than the required amount; this unnecessary rise in heat and temperature is leading to human induced global warming. Many lines of evidence show that the warming of the past fifty years is primarily due to human activity.

The soar in the earth’s temperature originates from the increased use of fossil fuels in transportation, manufacturing and communications. There are certain gases that trap excessive heat in the earth’s atmosphere (after it has already been reflected back), thus warming it further. Some of the most notable gases causing this specifically include water vapor, carbon dioxide, methane, nitrous oxide, ozone and some artificial chemicals such as chlorofluorocarbons. The use of CFCs is very common today; they are involved in the manufacture of aerosol sprays, blowing agents for foams and packing materials, as solvents, and as refrigerants. The more the gases, the higher the rate of the enhanced greenhouse effect. This leads to more global warming leading to more damage to the earth’s climate and its system – so much so that the temperature of the earth today is going up faster than at any time in history.

Another source contributing to global climate change would be black carbon. Black carbon has recently been uncovered to be a major source of assistance to climate change (second to carbon dioxide) – it is produced both naturally and by human activities as a result of the incomplete combustion of fossil fuels, biofuels, and biomass. This material is not only fueling climate change excessively, but also has a huge impact on human health; spreading lung diseases, while also reducing visibility. Cloud formation and rainfall patterns are severely affected by black carbon emissions. Its dark tint causes black carbon to heat up in the sunlight – this minimizes its reflective properties, trapping more heat and reflecting lesser back into the atmosphere. Carbon emissions are primarily coming from vehicles and coal fueled power projects – a phenomenon which Pakistan is looking at in the near future, without taking in consideration its negative impact on the already worsening air quality.

While climate warming over the past century is extremely likely to be caused by human activities – 97% of climate scientists agree – there is still a small rate of climate change being caused by nature and its cycles. However this natural climate change wouldn’t have harmed the earth in the slightest if it weren’t for human caused climate change. A few natural factors that have led to climate change, would include changes in the sun; volcanic eruptions that release harmful gases; changes in the earth’s orbit around the sun, and naturally increasing levels of carbon dioxide.

Because all systems in the global climate system are connected, adding heat energy causes the global climate as a whole to change. Furthermore, small changes in temperature correspond to enormous changes in the environment. In the past, a notable amount of climate change had occurred but only today, the devastating effects can be seen. What scientists had predicted global climate change would bring about can now be clearly observed – there is a loss of sea ice (a melting cryosphere) which causes a rise in the sea level; an obvious effect would be more intense heat waves. Glaciers have shrunk, ice is breaking up earlier, and trees are flowering sooner. These are just some of the harmful impacts of climate change. If it continues on the same accelerated level as today, the earth may not support life altogether, anymore.

Scientists have predicted that global climate change will continue; an increase in the global temperature of the earth will continue for decades to come. The Intergovernmental Panel on Climate Change (IPCC) anticipate a temperature rise of 2.5 to 10 degrees Fahrenheit over the next century. This is largely owing to the rise in greenhouse gas usage caused by human activities. Humans have set in motion major climate changes. It cannot definitely be said whether climate change is reversible or not. This is because greenhouse gases would keep circulating around the earth’s atmosphere for a long time after; even if the emissions are limited or completely stopped – this is especially the case with carbon dioxide.


While slowing down climate change would be a long and hard process, it is possible. There are quite a few lifestyle changes – that if acquired – can help save the earth. Eliminating the use of fossil fuels is the way to go; trying to opt for natural alternatives like, plant-derived plastics, biodiesel and wind power, would significantly help reduce the enhanced greenhouse effect and global warming. Because transportation is the second biggest source of greenhouse gas emissions, it would be impactful to use public transport – or even better- walk or cycle your way to school or work. Last but not least, the cutting down of trees or deforestation is heavily damaging to the environment; it should be avoided at all costs as stored carbon dioxide inside a tree – is released upon being cut down. There is a significant increase in the awareness about climate change. Now, the planet requires action to be taken – if there is any chance of restoring the climate.

*Mahnaz is 14, and an O Levels student, awaiting release of her mystery thriller novel in December by Rupa Books, Delhi.

All views and responsibility of the content is with the author. LEARN takes no responsibility for the accuracy of the content.

Press Release: Women and Writing Session 3 | Rethinking Writing

23rd August 2019 | Lahore.

On August 23rd, 2019 Lahore Education and Research Network (LEARN) conducted the third session of their ‘Rethinking Writing’ Initiative in association with Olomopolo media in Lahore.
The session aimed to focus the particular challenges faced by women as writers and why it is important for them to continue to write and reclaim their space nevertheless. The driving question behind the session was whether writing was a means to counteract erasure and if so, how can women continue contributing their voice to their issues for their cause?

The panel consisted of, Ms. Sana Munir (author of ‘Unfettered Wings’), Ms. Shabana Mahfooz (freelance Journalist, writer and trainer), Ms. Nasira Zuberi (Urdu Poet and Media Person), Ms. Sana Asif Dar (BBC Urdu Journalist), Ms. Sabahat Zakariya (Journalist/Feminustani) and Ms. Naima Rashid (Author/Translator). In this way, the panel was composed of senior and junior writers, poetess, translators, journalists and media persons, who each had their own journey to share and narrate.

Ms. Waiza Rafique, who herself is a poet and has recently started writing in addition to her day job as a lawyer and whose work has been published by ‘Rekhta’ and who is a member of LEARN and part of the Rethinking Writing Initiative, opened the session with her welcome note and introduced the panelists. Thereafter, Ms. Nida Usman Chaudhary, founder of LEARN and its various initiatives commenced the session with a tribute to the legendary ‘Toni Morrison’ who passed away on 5th August 2019, leaving behind a legacy of her own.

She personified the essence of the session on women in writing and has been a source of inspiration and reflection for most writers after her. In particular, her contribution to her community of African-American writers and in giving them a voice of their own lies her true contribution and also helps us understand why it is so important for people from marginalized groups and communities, including women to reclaim the platforms which can be their voice and the window for the world to see their journeys, their stories, their struggles, their triumphs and their successes.

In honouring Toni Morrison, a short video presentation of her most inspiring quotations from her celebrated work was shown. Such is the power in writing, it transcends boundaries and geography, race and nationhood and truly connects the person reading to the emotions common to us as humans. In this way, writing brings down barriers.

The session was divided into four sub-themes including, Women and Creative Writing, Women and Media, Women and Journalism and Women, Literature and Performing Arts.

The conversation opened with Ms. Nida asking Ms. Sana Munir about what motivated her to write and in particular, what was the inspiration behind her columns on Mughal Women for a national newspaper to which Ms. Sana replied,

“my curiosity in digging out the stories of Mughal women arose when I visited the old historical buildings in and around Punjab. There was hardly any story being told about Mughal women and even in the history books their role was reduced to being, at best a ‘love interest’ of the Mughal princes and kings. Clearly, their entire legacy as people, as persons, as humans had been erased or never documented. The women were much more than an eye-candy and so I felt as a woman, as an author it was important to represent them and their true achievements because history had not done justice to them, their contribution and their achievements.”

Ms. Naima Rashid, who translated Parveen Shakir’s poetry in English in her book, “Defiance of a Rose” held similar views when asked why she decided to translate Parveen Shakir’s work into English. In addition to the obvious answer of accessibility of her work to people who could not understand the language of the original work, Ms. Naima shared a very thought-provoking observation about Parveen Shakir’s perception and the actual scope and sphere of her work. She argued that Shakir was always portrayed as a poetess who wrote about love and emotions, whereas the multifaceted layers of her work in other streams and aspects was also a victim of the similar kind of erasure that Sana talked about. She felt it was not just to let that perception continue about someone as versatile and diverse as Parveen Shakir and so as her fan, as a woman she felt she should translate and bring focus on those works of the late poetess to do justice to the true essence and sphere of her work. She believes translation can be a means to fight war against amnesia and help highlight those aspects of women’s work and their contribution to the society that have traditionally been sidelined.

On the side of journalism, Ms. Sana Asif Dar expressed her concerns over the gender stereotypes that persists in her field and in the challenges she faces at work. She highlighted how it is presumed that she would cover stories that are considered softer or weaker such as those related to domesticated, family, or women and children related issues or lifestyle, fashion and showbiz related news while the ones considered more serious or critical such as current affairs, economy, political scenario, terrorism and international relations be reserved for male correspondents to cover. She also highlighted the challenges of working conditions and lack of safe transport which limits her possibilities as a female journalist in a country like Pakistan where social conditions are not conducive for women to be in the field. Another point she highlighted was that very few women were operating at decision making levels in her profession and that affects the kind of stories that get picked for broadcast or publication, in that, women-centric concerns may not get as much attention as ideally desired.

This was a point that was further illustrated by Ms. Sabahat Zakariya who shared her experience with us and said that there was once a book she pitched to various contacts and people in the publishing industry as well as among her circle and colleagues. What intrigued her was the common response that was coming from men and women towards the importance of publishing such a book at all where in the women considered it very important while the men, not so much. It goes on to show that female voices are lacking at the top where the decision making takes place and that is why stereotypical notions and gender roles in our content continues to be perpetuated and characters like ‘khirad’ continue to glamourize a subservient eastern woman as the ‘good’ woman and vilifies the one who can speak up as ‘the bad’. Our neighbours have increasingly experimented with powerful scripts, with powerful female characters and have explored digital platforms as well as the more traditional cinema and TV channels to bring progressive content, even path-breaking content which helps to reform the society’s narrative of the helpless princess in need of knight in shining armour to one that is more in tune with the modern-day woman who is a person in her own right. Sabahat stressed that it was not enough that more women write and reclaim space in this industry, but that it was important that whichever gender does fill in that role, is a feminist in his/her approach to expect a change in real terms and to make a move towards empowering and a progressive narrative building re women.

In addition to erasure as a challenge, journalist Shabana Mahfooz highlighted other challenges that women writers face in Pakistan by virtue of a patriarchal set-up of the society and stated that it is more challenging for the woman to be able to write when she wants to and how she does because she is expected to be available for her domestic responsibilities prior to her taking the time out for any ‘interests’ she may have including writing. In that, it is more difficult for her to get recognition as a professional writer as compared to her male counterparts. She however very rightly stated that there were some feelings and experiences which women face and those experiences can be better expressed by women themselves, such as child birth, pregnancy, miscarriage, domestic violence or even love for that matter, in that, in the way she perceives it or feels is, is going to be very different from a male counterpart so it is important that all aspects, all expressions find their way to people and the readers have a spectrum of voices to connect to.

Ms. Nasira Zuberi, an esteemed poetess and a media person who has been behind launch of two news channels in Pakistan added that women should be encouraged to see beyond their gender and be trained to view themselves as professionals to be able to bridge the gaps that may persist in their writings, in their content or in them facing their challenges in practice. Given the many avenues that have opened up in modern day and age, it is not possible any more to suppress a voice that dares to take a stand. She encouraged young writers to explore writing outside their comfort zones and to hone their skill through practice, consistency and commitment. From her point of view,

Pakistan has come a very long way and that there are many women who are now part of the industry and not just in the showbiz, media or writing, but in departments, in all professions, women have made their presence felt and are doing remarkable work.

She believes that while advancement is clearly needed in terms of increased slice in decision making, women’s courage, persistence and their presence is already a very encouraging trend that needs to be applauded, supported and encouraged. She ended her conversation with her poetry she wrote for women’s day on the juggling that women must do in order to go forward.

To close the conversation, Waiza Rafique shared the message her mentor taught her and said that, “writing, or any other form of art for that matter, chooses hearts itself.” The session ended with a recitation by Mr. Ali Mazhar from ‘Ain Adab’, who had also written a couplet in honor of women for women’s day 2019, the text for which is as follows:

نئی عورت کی تَلاش

کبھی عورت کو دیکھا ہے ؟
نظر دوڑائی ہے ، تم نے کبھی ؟
تمہارے چار سُو ۔۔ تُم کو ۔۔
کوئی “عورت” نظر آئی کہیں ؟
کہ یہ جو رشتے ناطوں کے
سادہ ، سُتھرے ، گنُجلوں میں اُلجھے بندھن ہیں
کبھی اِن کو ٹٹولا ہے ؟
تمہارے دل میں، گھر میں ، دفتر و بازار میں
جو ہَستی ۔۔۔۔ بَستی ہے
کبھی دیکھا ہے تم نے غور سے اُس کو ؟
کیا وہ عورت نہیں ہے ؟
کہ جس کی کوکھ سے، نِکلے تھے تم
کہ جس کی مانگ میں، نِکھرے تھے تم
کہ جس کی ہمت و بازو، بَنے تھے تم
کہ جس کی نَنھی مُنی خواہشوں کو ۔۔۔
اپنے کاندھے پر اُٹھائے، اپنی پَلکوں پر بِٹھائے، چلے تھے تم

سُنو !
یہ جان لو اب تُم
کہ اُس کی ذات کا رَستہ ، نہیں سَستا
کہ تم اُس سے ہو
اور وہ ، تمہاری ذات کا حِصّہ
کہ جس کی کھوج میں ہو ۔۔
اور جسے تم ڈھونڈتے پھرتے ہو
کہیں اوجھل نہیں ہے وہ
تمہارے سامنے ہے ، صاف آتی ہے نظر
بس، اپنے آپ میں گم ہے
تمہاری چھاپ میں گم ہے
ذرا تم اپنی آنکھوں سے
تعصب ، برتری، مردانگی اور انا کا
بھاری بھرکم موٹا سا چشمہ ، ہٹاؤ تو
وہ اپنی سوچ رکھتی ہی ، کسی کو یہ بتاؤ تو
کہ جس کو ڈھونڈتے ہوتم
فسانوں میں، زمانوں میں
کبھی بے زار لمحوں میں
کبھی خالی مکانوں میں
وہ جیتی جاگتی ہے
سوچتی بھی ہے ، سمجھتی ہے
کے جس کے دم قدم سے
زندگی آباد ہے آدم
تم اِک لمحے کو اُس کی سوچ کے پہرے ہٹاؤ تو
نئی عورت ہے وہ ۔۔
تم یہ تو سمجھو اور سمجھ میں اُن کی آؤ تو
برابر ہے ، برابر ہو ، برابر تم کو رکھنا ہے
نئی عورت تو ہے، تم کو، نیا اک مرد بننا ہے
نئی عورت تو ہے، تم کو، نیا اک مرد بننا ہے

علیؔ مظہر

To Overcome Institutional Challenges, Make Justice System More Accessible | Nida Usman Chaudhary

First Published by NayaDaur on May 4 2019

Pakistan’s justice system needs to be more accessible, gender-sensitive and equal so that people don’t need to resort to other informal platforms for getting their grievances heard. The trust deficit among public must be bridged, writes Nida Usman.

In an ideal world, there would be rule of law and a justice system that is effective in maintaining law and order in the land in a way which seeks to eliminate miscarriages of justice and ensure due process and a fair trial.

In an ideal world, people will access justice with faith and belief that justice will not only be done but be seen to have been done and its delivery will not be marred by a perception problem and a trust deficit that would make its users wary and skeptical of the system in place to resolve disputes and convict criminals for their crimes.

This will be preceded by effective laws and constitution and an impartial investigation and implementation regime rooted in notions of rights and liberties and operating in the backdrop of duties and responsibilities. The law will take its course as it would be expected and a desired, just and a proportionate outcome within the parameters of the law will be handed down, which it will be hoped will act as a deterrent for others and so on and so forth, the society will have an effective and efficient redressal mechanism for situations where human beings fall short of their legal duties.

Alas! In an ideal world we live not and so, in many countries the world over, people often resort to other forms of dispute resolution and retribution. These could take many different forms; some which have found acceptance within the formal legal systems such as the alternative dispute resolution methods (ADR) including arbitration and mediation, and others that are more informal and their acceptance more debatable for instance, the local justice systems such as ‘jirgas’ or ‘panchayats’ – the standing of which is at times contested and their decisions often controversial for being in violation of basic human rights and fundamental freedoms as we saw in Mukhtaran Mai case or in case of compensation marriages under practices of ‘swarah’ or ‘wani’.

There is yet another kind of ‘justice’ that, even though the civilized societies have mainly long abandoned in favour of a more formal justice system purportedly rooted in rules of natural justice, still surfaces in many parts of the world, including in developed nations for instance in the context of racial crimes but particularly in societies which are under-developed or developing in shape and form of ‘mob justice’, ‘jungle justice’ or vigilantism.

Pakistan too, has experienced its own share of vigilante cases including that of Mashal Khan and Asia Bibi where we saw what mob justice looks like and why it is grossly wrong for people to take the law in their own hands. The values of the formal justice system including that of due process, fair trial and innocence until proven guilty, no matter how tedious and cumbersome, are the fundamental principles of any civilized society and even though their implementation may be riddled in controversy, these are the basic and core principles of rule of law as well.

At all times, when need be, efforts should be made to strengthen the laws and their implementation within the formal justice process as opposed to jumping on a bandwagon that encourages vigilante justice because that has the potential to do more harm than good and it has the potential to be unconstrained and be out of control, like wildfire.

It further has the potential to hold people accountable for being ‘morally’ wrong and dilutes the idea of punishment and culpability rooted in law. It is polarizing and divisive. There is no objective benchmark or threshold against which to weigh vigilante’s call for justice and it boils down to a game of influence, power and control that empowers certain persons or groups of people over principles.

We have in the recent years seen the tendency to convict people in media trials and then feel angry at courts and judges when the prosecution failed to establish the crime. Unfortunately, this kind of moral vigilantism has become a hallmark of our society.

But why do people resort to this idea of justice? As mentioned earlier, ours is not an ideal world and the lack of trust in the formal justice sector, its numerous delays, inherent loopholes and internalized biases often leave people disgruntled with the system such that they resort to find their voice and solace on other platforms. With the advent of the internet and social media, such platforms are increasingly more accessible to people, they are decisively cheaper and simpler to access and are far more efficient, robust and swift than any of their counter-parts in recent past. At the touch of a button and with as simple as a ‘click’ or ‘enter’, people can type and/or project their voices to millions around the globe in an instant.

As in all scenarios where people’s voices are being suppressed or justice not being done, there is revolt and resistance, so to with social media, the scale of that revolt and resistance as a result of being let down by formal justice system, is on a magnitude that is unprecedented.

The trickle-down effect of viral hashtags as in the Arab Spring matter or the more recent #MeToo movement are prime examples.

Why is #MeToo so popular among feminists for instance? Because it gives a voice and platform to victims and survivors which the traditional formal justice system has been unable to. Perhaps because it is rooted in patriarchy, male-dominated and inherently misogynist or simply because it is ineffective and inadequate to accommodate the changing dynamics and culture of gender parity, equality, access and inclusion that seeks equal civil, social, political and economic rights for all people, especially women and other marginalized classes.

In this way, it may be said that a new medium of ‘justice’ in shape of social media has now emerged which in many ways has redefined ‘vigilante justice’ as an avenue in the online world. Whether that is a desirable end or not remains questionable in face of growing redundancy of our formal justice system.

While these online forums do provide an avenue of catharsis and an outlet because of our increasingly archaic and ineffective formal legal system, they do not provide justice as envisaged in the law and constitution of the land. Furthermore, it must be said that these online forums are also susceptible to abuse, misuse and create violence. In the absence of justice from the proper forums people feel frustrated and rely on them to vent their anger and call for alternative forms of accountability, often with disregard to rules of natural justice which must apply for any serious access to justice.

In this way, traditional human rights principles such as ‘innocent until proven guilty’ are not only called out for serving the accused but rather they are completely turned on their head and people are accused based on media talk shows and are considered guilty without evidence and are forced to prove their innocence because the burden of proof is sought to be reversed and placed on the accused instead of on the prosecutor.

While reversal of burden of proof is not in itself entirely unprecedented and while this may very well be the only option in some legitimate cases but, as a matter of principle, it is a very dangerous precedent in practice because it is such a thin line to tread.

People shouldn’t have to resort to online forums and accessing justice should never have to be a social media movement every time a victim or a survivor is let down by the formal system.

It is the duty of the state to ensure that its subjects have equal and inclusive access to the formal procedures and forums which are effective so that justice that is supposed to be seen to be done, is in fact actually done as well.

Might it be that if we had a more equal, gender-sensitized and accessible formal justice system that people would not feel the need to resort to these other platforms for redressal of their rights and claims? And this is an important consideration because, in absence of this connection and realization, we are failing to address the bigger institutional challenges that growing movements on social media and online vigilante justice are posing for our formal justice systems and consequently, for those principles of due process and natural justice that we study in our law schools.

If we do not wish for those principles to become aspirations of a by-gone era and truly wish to improve our justice system in line with social developments and global trends so that it remains relevant and effective as a forum, a few steps need to be taken. It is crucially important that we do some introspection for providing justice in a more effective, gender-sensitive and inclusive manner so that it retains the trust of its users and they resort to it as the appropriate forum for their dispute resolution.

The writer holds LL.B (Hons) and LL.M in Law & Development from University of London. She is the founder of Lahore Education and Research Network and the Women in Law initiative Pakistan and is currently serving as the Chairperson of Gender Equality and Diversity Committee of Lahore High Court Bar Association. She can be reached at info@learnpak.com.pk.

Why Women March? | Nida Usman Chaudhary

Today, an intersectional group of women, trans-genders and other allies will be marching from Lahore Press Club to Al-Hamra in order to mark the International Women’s Day in Lahore. Unfortunately, as with all other aspects of their lives and struggle for equality, this day and this march too is stigmatized by certain members of the society who have an interest in dismissing any effort that unites women.

A common misconception about women who take to the streets to claim their space and their rights is that they are necessarily belligerent, man-hating, family distorting activists-type women who do not wish to see their fellow women settled in their homes and who are spoilt, privileged and defiant sinners destined to go to hell taking their allies down with them. They are type-casted by prospective ‘rishtas’ as being ‘that sort of a woman’ to the extent of being labelled as ‘the Asma-Jahangir-sort’ with a negative connotation attached to that name. At other times, they are pitched against each other as being their own gender’s worst enemy!

These perhaps are only very small examples of how patriarchy plays to debunk any and every effort that is geared towards bringing women together; almost used like an ammunition against any possible coalition because of the supposed threat that united women pose to their fragile egos and control.

This begs the questions and I must therefore ask, what is it about united women that is so fearful that it must be resented, dismissed and stigmatized?

Talking about stigmatization, it isn’t just women and their rights movement that is stigmatized. In our society, women are shamed and made to feel guilty about anything that is perceived as a challenge to an established norm, culture or rule even if it may be as basic as seeking their legal rights such as to inheritance or a desire to complete their education or to have a say in whom and when they marry. When and if they do speak up, the parents are often the first to stand up and accuse their daughter’s higher education for being the cause of this ‘defiant and rude behavior’, thereby making the argument that had it not been for the ‘awareness’ brought about by the ‘education’, the daughter would not have questioned the parent. This sure is one way to glorify ignorance.

The problem however, is not in her education but in the lack of appreciation that a ‘woman’ is an individual in her own right and not merely the sum total of her relations in her home i.e. a daughter, a sister, a mother, a wife. That she is a person, a citizen who is entitled to all the rights under the law and constitution of the state of Pakistan guaranteed to any other individual, to any other man. That she is not only capable of taking her own decisions, but is very well entitled to do so just as much as say her brother, her father or her husband.

What has happened in Pakistan is that women are sensitized to the years of suppression, control and dominance by men over their lives, they have been made aware of their rights and remedies however, corresponding efforts to sensitize men towards equality and inclusion has not taken place at the same rate and pace. There is a huge gap which persists between men and women and between those who are sensitized and those who are not. This gap is feeding into the mistrust and misconception of women rights movement and efforts and is further fueling the discord within homes and in the society at large. Perhaps, greater efforts to remove this mistrust are needed to bridge this gap.

For the record however, let me say: women are not seeking to trump men. They are not aiming to overthrow a ruling elite and occupy his power and position to establish her command over him. They are not seeking a reversal of dominance. They are not asking for matriarchy over patriarchy. They are seeking instead, equity in socio-economic justice, they are demanding rights to access education, work and public spaces, they are looking for safety and security of their person and their reputation from harm and harassment, they are seeking a safe, progressive, efficient society and they are seeking a voice in matters affecting them to be able to represent themselves and their challenges and perspectives.

This country has a rich history of women struggling for rule of law and developing its jurisprudence. They were the first to oppose oppressive laws from Zia’s regime and his regime itself. They have been amongst the biggest defenders of rights of minorities and the marginalized in this country. It wouldn’t therefore be incorrect to state that women have been the voice of conscience in this country.

On 8th March 2019 also, women and allies will march the streets of Lahore. They will march for Economic Justice and demand that the labour of all women and gender & sexual minorities be recognized and accorded dignity, and be given the right to earn a living wage and freed from economic, capitalist exploitation. They will ask for legal protections for women working in informal industries, home-based work and the agricultural sector that are often the sites of labour exploitation as well as sites of harassment or violence. They will press for implementation of the ‘Protection against Harassment of Women at the Workplace Act, 2010’ at all workplaces to ensure a safe working environment for women and all gender & sexual minorities and demand that women’s contribution to the care economy through home-making and caring for their families be recognized as unpaid labour that is equal to other types of work together with safe working conditions for women in workplaces, including informal industries, and provision of maternity leaves and day-care centres to ensure that women are able to participate in the workforce.

They will also march for Environmental Justice and demand that our right to Climate Justice be protected and enforced, and that our right to Climate Resilience be respected. They will seek access to safe drinking water as part of the fundamental right to life and demand emergency measures to be taken to ensure safe and clean air. They shall call for protection of animals as an integral part of both our natural and urban environment and ask urban and rural local governments to cease culling of stray animals. They will seek immediate steps to be taken to ensure and protect the Food Sovereignty and the recognition of women’s participation in the production and food and cash crops.

They will further march for Accountability and Restorative Justice against Violence and demand an immediate and total end to gender-based violence against women, all genders & sexual minorities. They will call for an end to and accountability for violence by the state in the form of police brutality and violence, especially on women’s and trans bodies and press for reform of defamation laws and procedural laws to ensure that victims and survivors of sexual violence and harassment are not silenced or intimidated. They will call for meaningful access to the legal and justice system, including the courts and the police, through radical reforms to ensure that women, transgender persons and gender/sexual minorities can seek justice and ask for implementation of anti-harassment laws and policies in places of work, educational institutes to ensure that schools and universities are safe spaces for all.

They will also march for Inclusion of differently-abled persons and call for an equal access to public spaces through making buildings disabilities-friendly. They will further demand equal recognition and accommodation for less visible disabilities, such as chronic and mental illnesses that fall disproportionately on women.

This march will also be for Inclusion of Transgender Persons and the marchers will call for anti-discriminatory measures to ensure that transgender persons have equal access to public spaces, public resources, health care, work and protection under the law. They will march for Reproductive Justice and demand the right to autonomy and decision-making over their bodies whilst they will also press for equal access to quality reproductive and sexual health services for women, all genders and sexual minorities.

They will march to assert the right to access to the city and public spaces, and ask that steps be taken to ensure that public spaces are inclusive and safe space for women. They will seek affordable, safe and gender-inclusive public transport and clean public toilets and also that moral-policing of women be discouraged, and be recognised as impediments to equal access to public spaces, and development of the self.  

They will march to seek equality in mobility of all genders including in educational institutions and call for equality in the manner in which hostel timings are implemented regardless of gender.

More importantly, the marchers believe that “war is a business and no one wins except corporations and fascist ideologues. Wars militarise our everyday lives, create fear and fill the public with hatred. Till militarism is not seen for its patriarchal masculinist gendering we will never be able to envision war as antithetical to peace and as a mechanism that further solidifies toxic masculinity.” They therefore, will march to denounce policies of mass destruction, militarisation, and warmongering.

The marchers stand by victims of police brutality and call for police reforms to take place to avoid incidents like the Sahiwal massacre. They also believe that enforced disappearances are one of the gravest human rights violations in the land which not only affect the rights of person detained illegally but also have grave psychological and emotional stress and impact on women and families as a whole. They will therefore, march to demand that the state puts a stop to such practices, and those who have been disappeared are brought before civilian courts granted their right to due process at earliest.

As contended earlier, they will therefore, march to uphold rights of all those who are marginalized, vulnerable or excluded. They will march not selfishly to acquire a bigger slice of the pie for themselves but rather selflessly, to make Pakistan a safer, more accessible and equal place for all. I suppose that does make women uniting a fearful prospect!

The writer is the founder of LEARN and Women in Law Initiative Pakistan.

08/03/2019