Girls’ Education Should Be a Priority for Our Society – Ahreeda Farooq

Education is the key to a healthy and prosperous future. One of the missions that we value the most is that of education. We plan to invest in the future by giving priority to education and making it available for children regardless of their financial background. Regrettably, a large number of children tend to be on the streets in Pakistan due to their unaffordability of the education.

The need to educate the masses is crucial more than ever before. In the Information Age, the era of technology, when the competition to win the race of excellence is so high, a big chunk of our youth is deprived of the very essence of it all; Education.

Another prominent problem that arises every time we talk about the education system in Pakistan is that, of the very little number of children who are fortunate enough to get the primary education, the ratio of girls is too alarmingly low. The basic right to education, although which may appear as a luxury in our scenario, must be given to children regardless of their gender. Girls in specific should be encouraged to attend school and it should be made as convenient for them to do so as it is for boys, if not more.

The sad reality we face is that, traditionally, young girls are expected to follow the footsteps of their mothers. Consequently, they are only taught the household chores to be able to grow up to be the “Perfect” stay at home wives. It is so systematically followed that in most cases, girls even lack the ability to write their own names but would be able to carry out all kinds of domestic work. However, thanks to the slow yet noticeable realization of the need to educate, there has been a slight change in the workings of this system. Nevertheless, a lot still needs to be established to achieve the real goal.

If we look into religious point of view, we would see that it says that the education is an equal right and if we ensure that one generation of women gets educated, then slowly but surely, we would be able educate the entire nation. If we take the progressive countries into account, we will notice that providing education to women has brought a positive change in their overall economy and living standards.

The struggle to be educated in Pakistan is real for girls. More often than not, girls don’t have the freedom to practice their right to basic education since our society regards it as “too liberal” to send girls to educational institutions and therefore, too many questions are raised. Although, it is strange but this is the reality for many. A big percentage of our Pakistani community living in Spain also has a similar point of view, however, a lot of people are trying to protest against it by advocating for their girls and trying to demonstrate that education is essential and everybody has an equal right to join any professional field.

This problem originated due to the way our society thinks. In our culture, we hear a good amount of people say that it is not necessary to educate the women and send them to institutions because we are going to lose this investment when they will get married off. However, they disregard that fact that whatever she learns will help her live a healthy and prosperous life and this would not only stop here but would also be reflective when she starts her own family alongside her husband. So, when they educate their daughters, they enable them to become competent enough to handle their own finances, manage their own problems and handle their economic issues.

The uncertainty of the future makes it more and more important for us to help the girls be independent, especially financially. We believe, providing them with education would lay the foundation of the implementation of this idea.

In Pakistan almost half, forty-nine percent, of the girls who begin primary school are forced to leave before completing the final grade and so, as a result, seventy-one percent of women in Pakistan have not completed primary school, compared with forty-one percent of men (these statistics have been published by UNESCO Institute of Statistics, UNESCO and UNICEF). It’s odd to talk about such matters in the western world as the west was able to overcome such problem centuries ago, but it’s still a reality in countries like Pakistan and there is still a long way to go before we become capable enough to adapt to the changes of our technologically advancing world.

Pakistan has unmatchable talent which gets very little attention owing to little international recognition because of the language barrier which needs to be eliminated. Therefore, it is understood, if we want for our children, both girls and boys, to prosper in this fast world, it has to come through education. With all these recent developments all around the world, it has unquestionably become a crucial need.

I would like to conclude this article with the wise words of Muhammad Ali Jinnah which said that, “If we want to bring an end to our problems, we must unite as a nation to resolve our problems!”. He also set an example for us by helping all Muslims in uniting and fighting for their freedom to Pakistan and we shall never forget what his struggles and the creation of Pakistan meant. I hope we can unite and change the perspective of our society and bring our women and children to the positions they deserve to be in.

‘MERCURY’: The accumulating ‘darkness’ behind skin-whitening creams By Ayesha Baig

Equating beauty with fairness has long dominated the mentality of people around the world. South Asia in particular, has seen the rampant quest for beauty and fairness which in turn has given rise to the mushrooming of skin whitening creams leading to disastrous results. The superficial adverse effects of such whitening creams are apparent and thus are given more importance but what has been largely ignored up till now is the accumulation of mercury inside the body which must be the real treat. How dangerous a toxin is to human health depends upon its concentration in human body and the frequency by which human is exposed to that particular toxin.

At present, researchers are paying attention towards the use of cosmetics and the metals which are present in them, considering them one of the major and potential sources of heavy metal accumulation in humans, particularly women. Despite the presence of Mercury – a toxic heavy metal in skin whitening creams; manufacturing of whitening creams and their purchase by public in the countries of Middle East, Asia and Latin America is on the rise. Use of whitening creams is considered to be a major source of chronic mercury poisoning in young girls of developing countries like Pakistan.

In Mexico, a study was conducted regarding the use of Mexican beauty cream in order to highlight the problem of mercury accumulation in human body by the use of such beauty creams. For this purpose, urine samples of Mexican beauty cream users were taken for the presence of mercury in urine. Results demonstrated the high concentration of mercury in the urine samples of those people who used the cream.In light of recent consumer protection measures, particularly regarding hazardous products, concerns have risen over certain industries, including the timeshare market. Individuals seeking to cancelavalon timeshare, for instance, have become more vigilant about potential risks associated with their investments. This heightened awareness extends beyond traditional consumer goods, as evidenced by the scrutiny applied to products such as skin whitening creams, where health hazards like mercury contamination have prompted regulatory interventions.

A study was conducted in New York city in order to find out the source of exposure to inorganic mercury in the adult population. This was done by taking a representative sample and then collecting the urine specimens for the analysis of mercury. Skin whitening creams were identified as a source of exposure. Another study, reported the presence of mercury in skin whitening creams and its associated adverse impacts on the users of such skin lightening creams, as mercury finds its way inside the human body by skin absorption. It also highlighted the cases of mercury poisoning associated with the use of whitening creams containing mercury. Various studies have proposed the risk of mercury poisoning among the users of skin whitening creams as well as neurological and other psychiatric symptoms.

In Pakistan, a study conducted at ‘Dermatology Department of Nawaz Sharif Social Security Teaching Hospital’ affiliated with University of Lahore, reported the adverse impacts on face by the use of topical corticosteroids and fairness creams. A research investigation was also conducted by ‘Sustainable Development Policy Institute’ (SPDI) on the pervasiveness of skin diseases due to use of mercury containing whitening creams among the population at the selected cities of Pakistan. Recent surveys and studies in Pakistan suggest that whitening creams have caused facial abuse, acne, rashes and other adverse effects on the skin of the users. Few research work has been done on the ‘detection of mercury’ in those skin whitening creams that are generally suspected to contain mercury and have easy accessibility to a greater population. Alarming as it may sound, almost no prior work has been done in Pakistan on the ‘concentration of mercury’ found inside the human body through the application of skin whitening creams.

A three-day capacity-building ‘Mercury Inventory Using Toolkit of the United Nations Environment Programme (UNEP)’ was organised by Climate Change Ministry in technical and financial support with the UNEP and the Washington-based Global Environment Facility (GEF). Former Director-General of the Pakistan Environmental Protection Agency, Asif Shuja Khan said, “There is an urgent need to hammer out a policy mechanism that can help prevent unbridled use of the mercury.”

A widening gap between the use of mercury-containing skin whitening creams and public awareness regarding its adverse health impacts is ringing an alarm bell. Although Mercury and its salts, such as Mercurous Oxide and Mercurous Chloride, because of their adverse effects, are banned for use in cosmetics as skin-whitening ingredients. Still, the free-wheeling use of such dangerous creams by public is calling for the attention of state-machinery to intervene and educate the masses. Negating our skin-tone is synonymous to negating our existence. Therefore, efforts at individual level is a need of the time because as a society, we are also responsible for breeding a mentality which prefers ‘white’ over anything that is less than that.
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The writer is an Environmentalist, MPHIL research scholar in Environmental Sciences. Areas of interest are Environmental Toxicology and Food Safety.

The views, opinions and work produced herein is the sole responsibility of the author. LEARN does not take any responsibility for any claims, rights or omissions from this work.

ARBITRATION – AN INTERNATIONAL PHENOMENON – Jawaria A. Kashif

Arbitration is a form of Alternative Dispute Resolution (ADR). It is a way to resolve disputes outside the courts by one or more persons called the “arbitrators”, “arbiters” or “arbitral tribunal”, which render the “arbitration award”. An arbitration award has the same effect as the order of the court. The arbitration award is legally binding on both parties to the dispute and is enforceable in the courts. Arbitration is used for the resolution of commercial disputes, especially in international commercial transactions. Arbitration is also frequently employed in consumer and employment matters in certain countries.

Alternative dispute resolution is further classified into four classes i.e. negotiation, mediation, arbitration, collaborative law and sometimes a fifth type conciliation is also included as well.

Each country has its own arbitration law according to its tradition and culture. In Pakistan, Arbitration Act 1940 is applied in cases of arbitration. The Alternative Dispute Resolution Act 2017 is applicable only in Islamabad territory. Alternative Dispute Resolution (ADR) procedures are for civil cases and includes but is not limited to, arbitration. mediation, conciliation and neutral evaluation. The ADR act 2017 is applicable to 21 types of cases of both civil and criminal nature including property disputes; banking matters; issues related to tenant and landlord etc. This type of legislation is needed to be enforced in provinces too. In Punjab around 36 ADR centers are working under the supervision of Lahore High Court.

• International Arbitration
The international arbitration is growing day by day around the world by states and international businesses. It is an important area of law which is used as a method for resolving international commercial and investment disputes. Pakistan is also a signatory to important international arbitration conventions and has also entered into several bilateral trade and investment agreements i.e. The New York Convention 1958 in 2005 and the 1965 ICSID Convention in 2006. The 1958 United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention 1958) entered into force in Pakistan on 12 October 2005. Pakistan ratified the UN Convention on the Recognition and Enforcement of Foreign Arbitral Awards on 14 July 2005. But the fact is that Pakistan is still struggling to cope with the issues related to international arbitration.

In Pakistan foreign arbitration agreements and awards are enforceable under the provisions of Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Act 2011 (the 2011 Act). The Pakistani courts are required to enforce foreign arbitral awards according to the international arbitration conventions and several bilateral trade and investment agreements, but there is no strong mechanism available in Pakistan for the implementation and enforcement of foreign arbitral awards. It is necessary for Pakistanis to equip themselves with the requisite knowledge and expertise to understand the importance of international trade and investment agreements which contain these dispute resolution clauses. It is also imperative for Pakistanis to be conversant with the procedural and substantive issues involved in international arbitral proceedings and the enforcement of foreign arbitral awards. The Honorable Chief Justice of Pakistan, Mian Saqib Nisar in his article had emphasized that a new and comprehensive Arbitration Act must be enacted by the Parliament of Pakistan to replace the Arbitration Act,1940 and a different approach may be taken which is more in line with the “seat” theory.

• Building the Capacity of Arbitrators/ Mediators / Lawyers
It is apparent that International Arbitration is essential globally. In Pakistan the Business community, the lawyers, the Judges, the mediators, the arbitrators etc. are need to be sensitized frequently through trainings, workshops, seminars, meetings so that they may have sufficient knowledge of international arbitration and they may deal it proficiently in case, when certain international commercial and investment disputes arise in which Pakistan is involved.

• Addition of arbitration clause in contracts is mandatory for quick and cost-effective resolution
Arbitration, the form of Alternative dispute resolution is such a successful solution that nowadays more and more contractors are adding arbitration clause to their contract all over the globe. These clauses state that all disputes between the parties will be settled through arbitration instead of court (litigation). The reason why the arbitration clauses being added more and more to contracts is that through this process the parties may settle disputes more quickly without spending extra time and money in the courtroom.

• Upgrading the Arbitration Laws and Establishment of Arbitration / Mediation Centre in Pakistan

There is a dire need to bring eloquent changes in the Arbitration laws of Pakistan to deal with the domestic as well as foreign disputes. A new and comprehensive Arbitration Act must be passed by the National Assembly of Pakistan as well as by the all provinces of Pakistan. The purpose to pass new arbitration law is to meet the challenges of international disputes resolution as it is done in other common law jurisdictions such as England and India. An arbitration friendly constitution is also required.

Secondly, it is also felt that an Arbitration / Mediation Centres must be established by the government at national as well as provincial level, so that a proper place of sitting is provided to all the stakeholders to resolve the international disputes. Consensus must also be made on arbitration procedures i.e. mode of communication, language, way of conduct etc.

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The writer is an Advocate of the High Court Lahore, Pakistan.

The views expressed herein are her own and LEARN takes no responsibility for the accuracy or authenticity or copyrights or any other claims arising out of this article.

Harassment and Insecurity on Public Places and Bus Stops – Javeria Kashif

The Right to freedom of movement is a fundamental right and it is acknowledged universally in International Human Rights Instruments such as the Universal Declaration of Human Rights 1948 and the International Covenant on Civil and Political Rights 1966. Our Constitution also provides this basic right to every citizen of Pakistan. Every person has the right to move freely (Article 15 of Constitution of Pakistan 1973)

Harassing women and girls on public places is one of the kinds of sexual harassment / violence. When women and girls travel alone they are being harassed on public places. Cultural and social norms severely restrict the movement of women and girls in Pakistani society. There are different ways of harassment which the harassers use;
• Staring
• Whistling
• Singing
• Obscene gestures
• Sexual comments
• Touching
• Blocking way etc.

This type of harassment \restricts women to travel alone and it is a big hurdle in the way of women to move freely. Women feel a high level of insecurity when they go to public bus stops or places. Rapid urbanization, pressures on transport, poor planning, lack of road safety & poor transport infrastructure contribute towards harassment and violence against women and girls.

In December 2017 a Women’s safety Audit report in public Transport in Lahore was launched by Aurat Foundation in collaboration with Australian Aid, UN Women, Government of the Punjab. The report was prepared under the supervision of Miss Mumtaz Mughal (Resident director – Aurat Foundation-Punjab). The results of this report are alarming as well as shocking. According to the statistics of the Women’s safety Audit report in public Transport in Lahore, about 82% of women commuters report facing harassment at bus stops. The younger women (20-29 years of age) are more likely to face harassment as compared to older women. About 62% of women state that they have been harassed by fellow passengers. Women also report being harassed by bus staff and by passers-by.

Women and girls take limited action when they are harassed on public transport. About 98% of are unaware of existing emergency helplines/ mobile phone applications to report sexual harassment. Most of the women and girls ignore such incidents instead. They don’t take action against the perpetrators due to many reasons. They feel that if they take action against the harassers there are chances that they will defame them again and again. They also believe that if they complain, their complaint will not be acted on.
Women and girls are not aware of governing laws on the subject. According to the report about 94.8% of women are unaware of such laws and 99% of women have no knowledge of PPC section 509, which deals specifically with sexual harassment.

The report analysis tells us that all bus stops, even newly built Metro bus stations do not provide basic facilities and special needs to women commuters, pregnant women, young children, disable women or elderly women. The LTC (Lahore Transport Company)bus stops lack proper lighting, benches, signage, dustbin, shades, surveillance cameras etc.

The following proposals are requested in the said report:
• The surveillance cameras and alarms must be installed on bus stops to record the incidents of harassment etc.
• Women conductors must be appointed in the women section of the buses to avoid harassment.
• Emergency phone booths must be fixed on bus stops so that women can report harassment cases immediately.
• Mobile police teams/ dolphin force must be appointed near bus stops and its surroundings especially in evening and night.
• Women traffic warden must also be appointed in larger bus stops especially when there is crowd.

There are many other recommendations which are requested in the report. There is need to sensitize public about the problems of women and to train them how to deal with such problems. There is also the need to increase mass awareness on issues and facilities related to government transport services including security services such as helplines, PSCA – smartphone app for women and pictorial information for harassment.

The challenges related to women’s safety in public places and on public transport are identified and highlighted through the report of Women’ safety Audit in public Transport in Lahore. These challenges are still unsolved. This report has emphasized on a coherent and concrete policy making to overcome the challenges. This is the ultimate purpose of women’s safety audit in public transport in Lahore project.

Jawaria A Kashif is Advocate of the High Court, Lahore and can be contacted at javekshf@gmail.com . The views expressed are of the author who takes sole responsibility for the accuracy of the content and any claims arising from it.

The Fairer Sex In The Legal Profession: Tracing Women’s Place In A Man’s World

The Fairer Sex In The Legal Profession: Tracing Women’s Place In A Man’s World – A critical account of lessons learnt from the Women in Law Dialogue Series – an initiative by the Lahore Education and Research Network (LEARN) in association with Courting the Law.

Introduction

It is not uncommon to consider the legal profession as one in which the predominant players are men. This is true across the board – from the most developed countries down to the underdeveloped without an exception. Although, over the years, women have and increasingly continue to play an integral role in the development of the profession, their journey in the field is nevertheless fraught with various challenges that are peculiar to their gender which as such would not be so present but for their gender. While the more ‘enlightened’ countries have sought to address some or most of these challenges, the fact of the matter remains that a lot more needs to be done on a multi-dimensional level to fully integrate the women in law.

These challenges become an even bigger cause of concern in countries like Pakistan because we belong to a society that continues to be fairly conservative when it comes to the womenfolk and so breaking the glass ceiling meets cultural constraints to further add to the challenges faced by women in the Pakistani legal profession.[1] However, these are exactly the sort of countries where efforts need to be made to bring the women at par with their male counterparts or at least to allow them a fair chance and opportunity to pursue their due because it is not only a question of gender discrimination but also a serious economic concern.[2] Wisdom therefore, lies in not allowing a talented pool of human resource go to waste.

These and other related issues will be pursued throughout this paper drawing from the experience this scribe obtained while developing and conducting the coveted Women In Law Dialogue Series – the first of its kind initiative in Pakistan that aimed to focus not only on the challenges and opportunities for women in law in Pakistan but also to initiate a dialogue towards the steps required to be undertaken for greater integration of women in the profession as well as bring together the Pakistani women in law on a common platform to unite, support and learn from each other.

Accordingly, this paper will be divided into three parts. Part One will be an introduction to the Women In Law Dialogue Series and the specialized sessions conducted under it. Part Two will highlight the lessons learnt and summarize the outcomes of the sessions, while Part Three will lay down the recommendations for reform and development towards a more inclusive legal profession.

Part One – The Women in Law Dialogue Series

a. Inception

The Women in Law Dialogue Series evolved rather organically as the next logical extension of another workshop that the Lahore Education and Research Network (LEARN)conducted at a law school in Lahore.[3] That workshop focused on advising final year law students on their career development in the legal profession. During the course of that workshop, my colleague and I were drawn to the concerns and voices of the female students participating in that workshop (much of which we have tried to address through this series; discussed later in this article) which in turn led us towards realization of a much bigger issue of female marginalization and lack of access to any forum in the legal profession from where they could seek guidance. Immediately, in our conversation that followed and drawing from our own personal experiences, we had uncovered a ‘dormant’ but nevertheless a pressing state of affairs of female lawyers in the country and set out to bring this matter to the foreground.

The more we delved into it, the more we realized its importance not just at the national level, but also at an international level. For starters, it did not take us long to understand the sheer depth and breadth of this issue and so we were certain of one thing right from its inception – that this could not be a single day event that withers away with the setting of the sun and gets lost in oblivion. It had to be a continuous effort and struggle until greater integration of women in the legal profession could be achieved.

b. Design

The Women in Law Dialogue Series was therefore, the first of its kind initiative in Pakistan that aimed to initiate a continuing ‘dialogue’ on the challenges, opportunities and place of women in the legal profession. The idea was to seek a level playing field as well as structural, administrative and systemic reforms that practically enable more women to enter and remain in the profession.

In order to do justice to the task at hand, the series was divided into three parts, Session 1 of which focused on the ‘Challenges and Opportunities’ for women in law in general, Session 2 on the contentious place of ‘Women in Litigation’ and finally, Session 3 looked at the ‘Non-traditional Career Options’ that have been increasingly becoming available to lawyers in recent years from which women could additionally benefit.

The series, not only focuses on understanding the challenges and opportunities for women in the legal profession but also hopes to initiate a dialogue towards creating an enabling environment for greater integration of female law graduates in the profession and ultimately their role at the bench, bar, bar councils and associations, law firms, and the profession in general.

While there existed an overall appreciation and recognition of the conscious or unconscious bias against women in the fraternity in general, there was, however, no talk or mention of deliberating upon solutions to make things easy, if not right, and given the lack of networking opportunities that women face particularly in relation to networking with their male counterparts, it seemed only right that a forum or platform could be provided to such aspiring female lawyers who get a chance to interact and benefit from the experiences of inspiring women in law who have already made a mark for themselves amidst the common challenges and shared concerns that we can all relate to.

We decided to conduct the sessions several weeks apart so as to allow more room to keep the dialogue alive. The 1st session took place on 1st of February 2016 at Books and Beans, Lahore. The 2nd session was held on 7th May 2016 at Sheikh Ahmad Hassan School of Law, LUMS, Lahore, Pakistan and the third on 23rd July 2016 at the Research Society of International Law, Lahore (RSIL), Pakistan.[4]

c. Session 1 – Challenges and Opportunities

Session 1 in the Women in Law Dialogue Series was designed to broadly cover both the challenges as well as opportunities for women in the legal profession. The idea was to look into and address some of the common challenges and shared concerns that most female law graduates may have upon entering the profession due to lack of opportunities for young female lawyers and students to find meaningful assistance for navigating their way into the profession.

With this objective in mind, the first session in the Women in Law Dialogue Series comprised of the most diverse and resilient young female lawyers in the profession today including, Ms. Nida Aftab who is currently working at Ashter Ali and Co. in the civil litigation department; Ms. Azmeh Khan, who is heading the legal department at Highnoon Laboratories; Ms. Marium Khalid who is a senior counsel working at ABS and Co. and has been involved in international arbitrations including that of Reko Diq and Ms. Anooshay Shaigan who is the Editor and Vice President of CourtingTheLaw.com – Pakistan’s only legal awareness and analysis portal and related initiatives. The panel was jointly moderated by this author and Ms. Maira Sheikh who is a senior research fellow at the Research Society of International Law, Pakistan and my partner in this initiative.

The panelists were asked a set of common questions that encouraged each of them to share their own unique and individual journey into the profession while highlighting any peculiar challenges along the way. They were also asked to identify the personal traits and tricks of trade that secured them the opportunities that they had.

d. Session 2 – Women in Litigation

Session 2 was the most challenging session of the series both in terms of the issues it dealt with and in terms of the speakers who could address it.[5] This is because Session 2 was aimed at creating awareness and addressing the gaps between women and litigation that remain largely neglected in Pakistan.

The idea was to encourage more women to pursue litigation actively in courts and participate meaningfully in bar activities in order to fully realize their potential within the profession. In this regard, it sought to address the following themes:

Theme 1: Women, Practice and Rights: How the Legal Profession is Failing its Women
Theme 2: Successful Examples of Women Litigators and How they Overcame their Challenges
Theme 3: A Case for Reform: Making the Legal Profession more Gender-Friendly
The speakers included, Ms. Rabbiya Bajwa who is practising as an Advocate of the Supreme Court of Pakistan and has been active in her role at the Bar Council as well; Ms. Zoe Richards, who has a diverse experience in legal practice, both in courts as well as in the corporate and social sectors; Ms. Maryam Haq who is the co-founder and Legal Director at Justice Project Pakistan (JPP) which deals in areas of human rights and criminal justice, and Ms. Zainab Malik also working with the Justice Project Pakistan.

The session was moderated by this author and Ms. Anooshay Shaigan.

e. Session 3 – Non-Traditional Career Options

This session was dedicated to cover the diversity of options open to law graduates in general and to women in particular after their law degree so that they may take an informed decision towards their career paths. The idea behind the session was to put forth for the audience, career trajectories as well as challenges and opportunities that exist in the various careers that one may pursue following a law degree.

While the traditional career path of legal practice in courts and corporate firms remains the norm, session 3 of the Women in Law Series was designed to bring forth innovative and diverse career options for its audience. To do so, we had a diverse and vibrant panel of women in law who dared to be adventurous in their career choices and carved a niche for themselves in the process.

The panel consisted of Ms. Anooshay Shaigan for her role as the Vice President of Courting The Law and as a human rights activist; Ms. Fatima Shaheen who currently hosts a legal talk show Qanoon Bolta Hai on national television i.e. PTV; Ms. Maira Sheikh who is a senior research fellow at RSIL Pakistan; Ms. Mehreen Siddiqi from Punjab Commission on the Status of Women (PCSW) and Ms. Ushba Al Ain who is an advocacy and outreach officer at Digital Rights Foundation (DRF).

The session was moderated by this author.

The views and comments of the speakers during these sessions and their analysis and statements on the challenges, opportunities and reform will be summarized and highlighted in Part Two of this article to which we now turn.

Part Two – The Challenges and Opportunities for Women in Law

This part of the article will seek to highlight, identify and enlist the main challenges and opportunities for women in the legal profession in Pakistan. We may not be quoting all the speakers individually. Our aim is to highlight what we learnt from the dialogue in the three sessions and pin-point the general trend that runs through the entire series. (Individual comments and detailed reports/videos of the session are already available and can be accessed online[6]). The question of overcoming challenges and the way forward to reform will be covered in Part 3 of this article.

General Challenges

Gender Stereotyping
Pakistan is a society where professions are still by and large chosen based on gender. Although numerous strides in this aspect have recently come to surface with the women’s cricket and football teams performing better than their male counterparts and female wardens minding traffic flows and riding motorcycles with just as much ease as men, they are still exceptions and not the norm. The majority of people, both men and women, still pursue careers said to be suited to their respective genders. For instance, you will still find more male engineers, police officers, pilots and firefighters and more female nurses, teachers, fashion designers and front desk officers on any given day, and the numbers in the legal profession are not any different than most of these other professions wherein law, traditionally being a male dominated profession, continues to remain so.

What is worrisome is that even if women do enter and remain in the profession, they still remain restricted to a limited and subordinate role vis-a-vis men and only a handful of female lawyers actually break the glass ceiling and excel. For instance, it is very common for women in law to be restricted to legal research and clerical work and they are seldom given an opportunity to accompany their supervisors/seniors to courts for the reason that it is more conducive an environment for men than women.

Drawing from my own experience of working at a law firm, it was very firmly suggested to me that I not accompany the seniors to courts as I would become a ‘liability/burden’ upon them as they will have to ‘take care of me’. Hence, women have to break the ‘gender barrier’ to enter and establish themselves in the profession which only adds to their set of challenges.

The legal profession it seems has still not been able to break free from this society’s’ roots in patriarchy. Hence, we believe that for a profession whose guiding tenets are equity in treatment and elimination of bias, law appears to be failing its women.

Discouragement
This challenge at a domestic level is interconnected with the gender-stereotyping issue (as discussed above) in the Pakistani society as to what may or may not be an acceptable career path for women. As Ms. Nida Aftab, one of the panelists for our first session in the Women in Law Dialogue Series rightly pointed out, that while there is little or no discouragement at the time of pursuing the law degree, the discouragement does come afterwards when it is time to actually put the degree to use and practice. This is perhaps the most hypocritical notion behind an aspiring female lawyer’s career ambition as it has the tendency to alter the approach with which a female student sees her law degree.

We believe that a paradigm shift is necessary in the mindset of our families so that they start seeing our law degree as more than just a qualification that we need for the world to see; that it is indeed our tool to participate as able members of the Pakistani workforce and not just as a tag or valuation of our academic worth.

Lack of Networking Opportunities
This is another baggage of the relatively conservative society that Pakistan has been. As Ms. Zoe Richards, one of our panelists observed that the legal profession has not developed any method to develop a comfort zone between men and women like the medical profession has through its interactive curricula, practical training sessions and house jobs. Barring a few elitist law schools which are considered ‘liberal’ in their standards, majority of educational institutions remain segregated. Even if they are co-educational, boys and girls do not gel in well together and rather keep to their own space.

Additionally, as Ms. Anooshay Shaigan and several other panelists also identified, there are separate bar rooms for males and females due to which women are marginalized and do not get a chance to network with their male counterparts or develop the kind of associations with their seniors as the men do. They identified this as a big challenge because until women are enabled to break this barrier and allowed to develop a comfort zone with their male counterparts they will continue to miss out on opportunities of growth.

Lack of Training Opportunities
Continuing Professional Development (CPD) as a concept is seriously missing from the legal realm in Pakistan and it is a pity that the recent Pakistan Bar Council Legal Education Rules 2015 also fail to recognize, endorse or lay down any rules for inculcating CPD within the legal structure in Pakistan. As a result, there is a serious lack of training opportunities, in fact little or no opportunities for vocational training exist in the country. This creates a serious hindrance in the growth and development of trained workforce.

The current model of training in place is based on the apprenticeship model, which places juniors under the command of a senior professional whom the junior is to shadow and accompany and then miraculously learn everything on the job. This places law firms at an influential position which they are not suited to fulfill, for they have other professional priorities than to devote their time towards the teaching and development of trainees.

Economics of a Career in Law
Law like every other profession is pursued ultimately for economic returns, unfortunately most of the junior associates (both male and female) are not guaranteed any stipend or basic salary when they enter the profession. Barring a few exceptions of workers who enter into big corporate law firms, the lawyers who work in the field, in chambers or independently have no basic salary guaranteed to enable them to stand on their own feet and survive in this profession. The women are particularly disadvantaged because of this lack of financial structure as they face even more difficulty in fetching clients because of the gender stereotype that persists in the field.[7]

Inherent Division
Not all challenges that women face in the profession are attributable to outsiders. There is also an inherent division amongst women where instead of uniting as one voice to become a force to reckon with, we fall prey to petty politics, and we are pitted against each other so much for the few competitive positions that do exist for women that we are unable to band together and advocate for our own cause. This tendency has resulted in there being almost no potent forum where women can raise their issues as a collective force. This is what leads us to our next issue.

Underrepresentation
Our panelists identified that unless women are on the panel making the policy and taking administrative decisions, no real improvement can ensue. Unless they become part of the process and part of the change they wish to see, it will not happen.

Social Nuances and Legal Education
One of the panelists raised the pivotal question of whether our legal education was preparing women for litigation and legal practice. Drawing from her own personal experience in one of the best law schools of the country she believed that even the approach of the faculty towards female students, advertently or inadvertently, questions the legitimacy of their opinions and shatters the confidence of their thought process and conclusions.

Women are then more likely to use phrases while answering questions that cast self-doubt on their statements, such as, “I think…”, “Maybe…” etc. whereas the men appear more trained (socially brought up so) to be entitled to their opinion and treat it as a fact, so they tend to use phrases like, “I know…”, “I will tell you” etc. Legal education is the place where such social nuances need to be neutralized so that it prepares a female student for the rigors of the adversarial nature of the profession that law is all about, on an equal footing and not as someone whose doubts have been endorsed, so the onus is on how faculty members ensure this neutralization of validation of opinions.

Particular Challenges for Women in Litigation

Perception, Bias and Attitude
In addition to the general challenges identified above, women in litigation face several other peculiar challenges and obstacles for them seem to exist on every front. From the moment they are interviewed by their employer to the minute they stand before the court to argue, if at all, and before clients or court staff, women in litigation have to constantly justify their worth. It is a matter of perception that between a male or female, the senior lawyer, judge, court staff, client and even the munshi (clerk) will have more faith and trust in the male over the female and this perception will not be based on the actual competence of the two, but on the patriarchal baggage that we as a society carry on. As Ms. Nida Aftab identified, she found it most difficult to get her clients to make eye contact with her and acknowledge her presence during meetings.

Ms. Azmeh Khan, another one of our panelists and head of the legal department at Highnoon Laboratories, shared a similar experience while working as an in-house counsel. She found dealing with male colleagues challenging, especially those over the age of 40 who would disregard her first for lack of experience and then for being a woman.

As a society we have deep-rooted preconceived notions which hinder our ability to treat an individual as a professional in a gender-neutral way.

Marginalization
Marginalization starts from the minute you apply to a law firm to until you are as popular as Asma Jahangir or Justice(r) Nasira Iqbal (which happens very rarely). This marginalization is moved by gender stereotyping whereby women are handed down certain ‘gender suited’ tasks during an entire case i.e. those limited to legal research and drafting. As Ms. Zainab Malik of Justice Project Pakistan rightly pointed out, behind every successful law firm, there is an entire floor of female associates restricted to legal research and drafting, so despite all their efforts, who ends up going to courts? The male counterparts! Hence, it is very clear that despite hard work, women are marginalized and have lesser exposure to opportunities for growth and development as compared to men.

Environment and Harassment
The panelists agreed with the overall perception that the environment of courts and legal practice arenas was not conducive for women.

They are stared at, intimated or overwhelmed, made to feel out of place and yet have to learn to accept and deal with this since no proper forum exists where such concerns may be raised and addressed.

Once, an official actually complained to me about why women pursue legal practice over academia (which women have traditionally preferred) and therefore reduce the share of their (men’s) pie especially when they are not even ‘serious long term contenders’ in the game! To that I replied, “Your pie will never shrink if you do what you must in all sincerity and with all hard work.”

Logistical Issues
Courts are not designed and developed in a way conducive from a logistical angle. The male and female bar rooms are segregated for instance, so women are distanced from opportunities of growth and networking. Furthermore, this segregation does not promote a comfortable working equation between males and females which is necessary to work together and is true for any field and any profession. Secondly, the facilities such as restrooms are scarcely limited and “located on one end of the court building”. This makes the environment very inconvenient for lawyers in general and women in particular.

Misconception Towards Litigation
Perhaps the biggest challenge women have towards litigation is the fact that from the minute they step into law school, the entire social fabric starts creating a misconception around the whole exercise of going to courts and dealing with people and other logistical and general challenges that we have identified above that they make it sound like an entire mountain which cannot be conquered. Those misconceptions from an early age have a very deep impact because from day one, women are made to believe as if they do not belong there.

They study their law and complete their degrees and even graduate, all under the misguided notion of courts not being a befitting place for them to be at. This seriously hampers and influences their career choices when in fact the reality is that litigation and court practice is not half the mountain it is made out to be. Ms. Zainab Malik, one of the panelists, vehemently believes that the existing quality of litigation in general is “quite frankly not too great while women can do better”.

She believes that women should be acclimatized to the court and field environment during law school years so that they can experience it first hand and be comfortable with the zone they would be operating in, just like medical schools make their students undergo house jobs in clinics and hospitals to give them an idea of their workplace. The lack of exposure has to be countered and we must at once discontinue the practice of shunning women from the idea of going to courts.

Opportunities for Women in Law

Despite the challenges that women face in the legal profession, the number of female law students and graduates is increasing every year. Not only are young female law students outshining their male counterparts in university examinations but majority of them are also opting for innovative and non-traditional career options in law, such as research and publishing, media and rights advocacy, academia and training, digital rights, youth volunteer organizations and many other fields.

The opportunities seem to be endless, as a lot of women are even involved in establishing their own initiatives including, but not limited to, the Digital Rights Foundation (DRF), the Justice Project Pakistan (JPP), the Lahore Education and Research Network (LEARN), Qanoon Bolta Hai, a legal rights show (on Pakistan Television Network) and the likes.

Even in the field of litigation, women are slowly but surely making their mark and have reported a changing and encouraging attitude by some members of the judiciary who support female lawyers with a welcoming approach when they appear in cases before them. Family laws and intellectual property areas seem to be popular options among women and are witnessing a growing number of female lawyers.[8]

Women are also slowly reaching senior managerial positions in their respective firms and are even joining in as partners in some of the firms for both civil and criminal sides. The Justice Project Pakistan is a prime example of this, as is Courting The Law (Pakistan’s first legal news and analysis portal) and Mandviwala and Zafar, one of the prominent partners of which is Ms. Huma Ijaz.[9]

In-house corporate counsel has also been a position that women have been more comfortable exploring in Pakistan because the multinational culture is more conducive to the circumstances of women in Pakistan. One of our panelists for the first session, Ms. Azmeh Khan heads the legal department at Highnoon Laboratories. Also prominent amongst the attendees of the session was Ms. Muntaha Iqbal who heads the legal department at Worldcall.

Likewise, the Research Society of International Law (RSIL) and other similar development and research related organizations have women featuring in prominent positions. Ms. Maira Sheikh, a senior research fellow at RSIL as well as Ms. Amna Warsi and Ms. Ayesha Warsi (both Vice Presidents at RSIL) are doing phenomenal work in creating opportunity in legal and policy input on international law related matters.

Of course these are all examples of the relatively recent accomplishments of young women lawyers in Pakistan. This does not however reduce the importance and significance of the role played and the example set by the very senior and respected Ms. Asma Jahangir and Ms. Hina Jilani as well as Justice(r) Nasira Iqbal and sitting judge of the High Court Justice Ayesha A. Malik and many others who have struggled for the rule of law in Pakistan.

Given the technological advancements and growing awareness of global trends, opportunities are limitless and waiting to be capitalized upon. If you can dream it, if you can imagine it, then you can also realize it. Women are taking charge of their own career trajectories and are increasingly investing more and more into their passion. They are channelizing their law degrees towards unique and innovative opportunities or are otherwise creating the opportunity where none previously existed.

We are only encouraged by such examples and are happy to be living in times where all of this is possible.

Part Three – Recommendations for Reform and Development towards a more inclusive Legal Profession

The Women in Law Dialogue Series highlighted the inequalities inherent within the legal profession as well as issues of perception and social dynamics that are likely to put female lawyers at a disadvantage resulting in them facing greater challenges and obstacles to growth. It also helped in giving voice to the female lawyers’ community and provided for them to identify areas and routes for reform that is aimed at securing a more inclusive environment for them in the profession.

Some of the recommendations put forward by the panelists are as follows:

Early Training and Specialized Workshops
Our panelists believe that women should be introduced to litigation and be taught the requisite techniques during the course of their law degrees.[10] In this regard, the practice of conducting law moots by law schools is commendable, however, we believe that training in legal practice should also be imparted on a more institutionalized and generalized pattern so that all students can take the benefit of such courses/exercises equally.

Furthermore, Ms. Zainab Malik highlighted the importance and role of law clinics that allow real-time exposure to law students into what legal practice is like. Most law schools abroad provide for such in-house opportunities for their students, however the trend is yet to catch on in Pakistani schools.

In addition to the role that educational institutions can play in the grooming of their students, we believe that special courses and workshops should be developed and organized by the bar councils and other forums to impart quality legal training to young graduates in addition to the inadequate and typical ‘apprenticeship’ model currently in place that does very little to aid the development of a junior lawyer, especially female entrants.

These training workshops should be flexible and frequent as well as accessible to all. It is ideal if the use of technology can be made to reach a wider audience at a distance if need be. In this regard, efforts by the former Secretary of Lahore High Court Bar Association, Barrister Muhammad Ahmad Qayyum are to be lauded. He introduced specialized lectures during his tenure and recorded them to be made readily available as references for junior lawyers starting out in the profession.[11] Although these lectures fill the void that the dearth of quality legal books has left in the profession, more work at an institutional level to impart such vocational trainings still needs to be done.

Inculcating Language Skills
Despite the ruling of the Supreme Court to adopt Urdu as the official language,[12] the fact remains that most of our archival laws are in English, as is most of the teaching that is imparted to students in the law schools while the language of the court as well as of the staff and the F.I.Rs and orders, etc. are predominantly in (very technical) Urdu. Ms. Zainab Malik was therefore of the opinion that there should be focus on training in the language of the court as well so that the capacity to understand the proceedings and communicate with the staff effectively, can be enhanced.

Chamber Governance System and a Mentor-Mentee Programme
Ms. Zoe Richards rightly pointed out that our law firms lack any transparent structure within which entrants/junior lawyers are to be received. In other words, it is an unregulated and arbitrary profession which creates a lot of hurdles for women in particular. She highlighted how the skill sets of women are systematically marginalized because of the stereotyping of roles female lawyers are expected to play in the firm. They are expressly utilized for drafting plaints and other documents and frequently denied to present the same in courts owing to their gender. This is perhaps the biggest impediment for women in the profession.

She recommends that (a) a chamber governance system should be introduced to ensure equal access to opportunities for all employees in the firm as well as (b) a mentor-mentee program through which on-field training is imparted to junior lawyers, including female lawyers, in a more structured and result-oriented fashion and one in which the mentor is actually made responsible for the growth of his or her mentee.[13] A change in the approach is what is required, a change in the regulation of the profession is what is due, as she rightly states that, “Reform will only come when you ask for it.”

Acclimatizing Men and Women
For any real reform to ensue it is necessary and important to train even the men in the profession, both at an academic level as well as at a professional level. Ms. Maryam Haq believes that male professors should be made to adopt a gender-balanced approach while teaching the students.

Considering our society is still very conservative, where men and women do not freely interact, it is essential that men be acclimatized to work professionally with their female counterparts just as much as it is necessary to acclimatize the females to work with their male counterparts.

The comfort level that we see in the medical profession between doctors is because of similar acclimatization that they go through during their education and training and we feel that is greatly lacking in the legal profession. If we can ensure a similar comfortable and professional working environment between men and women, then most of the challenges that women face are likely to ease out.

Quotas
On the controversial question of fixing quotas in the profession for the judiciary and the bar council, our panelists seem to support it, even if temporarily, so that the system can self-correct and restore balance. Ms. Maryam in particular believes that only when you ensure balance through law and quotas is when you will actually start giving equal opportunities to women.

Ms. Zainab further added that since there is a lack of female role models and very few women have ever reached positions of influence and importance in the profession, the society at large and your male colleagues do not see you as, say, the next Chief Justice of Pakistan. She insists that there should be quotas and reserved seats for women even in the higher judiciary because these are political appointments, and given the current social and professional scenario she does not see women being politically appointed to the same any time soon.

Until women start having a say in the policies that affect them, they will continue to be marginalized and ignored, so more women should participate in bar politics, as Ms. Rabbiya Bajwa did too. We cannot expect any reform to ensue unless we make it happen.

Minimum Wage
Ms. Rabbiya Bajwa highlighted the plight of female lawyers in securing work and clients and even jobs with law firms. She recommends that through legislation, a basic right to stipend should be ensured to them so that they can pursue this profession with some economic return during their struggling years. She believes that the bar council should have a system in place whereby such stipend be established and handed down to all deserving candidates in order to enable them to pursue the profession.

Flexible Work Arrangements
Keeping in line with global trends as well as recognizing the domestic responsibilities of women, it is crucial to introduce flexible work arrangements in the professional culture of Pakistan. Flexible work arrangements have been introduced in more developed countries and have contributed to the economic growth and output as they have enabled a talented pool of human resources to participate in the job market. Flexible work arrangements are not the same as part time work which denotes a lesser commitment. Flexible work is more about achieving the outcome rather than documenting a set number of hours in a set working place, and with the advent of technology, providing similar platforms and opportunities in Pakistan should no longer be a problem.

Addressing Stereotypes, Bias and Harassment
The legislature, bar councils, education providers as well as women themselves should collectively work towards the elimination of bias and harassment via awareness sessions, capacity building, constructive dialogues, exchange of ideas and equal access to opportunities. Women too need to work hard and be disciplined and approach their careers with professionalism in order to seek maximum benefits from any professional opportunities that come their way.

Social mobilization and media campaigns
In order to bring about a paradigm shift, media plays a very strong role in getting the message across to the masses. We believe they have the power to highlight women in law as well and play their role in promoting our call for a more gender-inclusive attitude and acceptance within the society at large.

Family Support
Last, but not the least, we encourage the families of female law students to encourage their daughters, sisters, wives and mothers to find their respective niche within the legal profession and explore all the myriad of opportunities, both traditional and non-traditional (whatever may suit their circumstances and interest), that this field has to offer its candidates.

Women shouldn’t be dispelled just because they are women, nor should they be discouraged just because they are women. If you can give them an education in law, then also support them in this noble profession in a way that they can channelize their hard work to help others in return.

Conclusion

The Women in Law Dialogue Series initiated a much neglected conversation in our society and exposed many of the challenges that female lawyers and law graduates face during the course of their academic and professional life. Although it highlighted the more recent opportunities that have surfaced particularly in the stream of non-traditional legal careers such as digital rights, legal journalism, media, etc. the fact remains that women still have to face a number of obstacles owing to their gender, thus a profession that envisages equality for all, appears to be failing its women.

We believe that a unanimous and collective effort at every step and every level is required to pave way towards a more inclusive legal profession, from legal education providers to professors, to women themselves, as well as legislatures and bar councils. The families and the society at large, all need to play their respective roles in bringing about any real reform.

We hope that with continued support from friends within the fraternity and outside of it as well, we will continue to work towards this initiative and take the debate forward to bigger platforms. We also look forward to operationalize the dialogue and translate our words into action.

———-

References

[1] Pakistan ranks at 147 out of 195 countries in terms of its gender inequality on the UN Gender Inequality Index with only 24.6 % women participating in the labour market as compared to 82.9 % men http://hdr.undp.org/sites/default/files/2015_human_development_report.pdf page 240.

[2] As highlighted by the World Economic Forum, with women making up more than half of those entering the legal profession…maximizing access to female talent is a strategic imperative for business. Any firm or organization not aiming for gender-diverse leadership is limiting its pool of available talent and also missing out on clear business benefits https://www.weforum.org/agenda/2012/03/closing-the-gender-gap-case-by-case/

[3] http://sol.org.pk/wp-content/uploads/2015/11/Full-report.pdf

[4] The Women in Law Dialogue Series however, continues to be a flagship series of Lahore Education and Research Network and it will cover several independent workshops, seminars, open-mics and other inclusive public events to highlight particular aspects of the issues involved in the struggle to secure a more welcoming and conducive environment for women in law in Pakistan in the days to come.

[5] This session was recorded and is available online at https://www.youtube.com/watch?v=a32PiGX0VDk and https://www.youtube.com/watch?v=eQZk5hxhOkA

[6] http://courtingthelaw.com/2016/02/18/news-events/report-on-session1-of-women-in-law-dialogue-series-2016-challenges-opportunities/;
https://www.youtube.com/watch?v=a32PiGX0VDk and

http://courtingthelaw.com/2016/08/02/news-events/report-on-women-in-law-dialogue-series-session-iii-non-traditional-career-options/

[7] As per Ms. Rabbiya Bajwa ASC, in Women in Law Session 2 https://www.youtube.com/watch?v=a32PiGX0VDk

[8] A leading IP law firm Irfan and Irfan for instance has a floor full of female advocates that work on IP laws and related matters. One of their former associates is Barrister Azmeh Ihsan who is now setting up her own firm also focusing on IP laws.

[9] Other law firms that have women in senior positions include (but are not limited to), Axis Law Chambers, Saleem, Alam and Co, Liaquat Merchant Associates, Ismat Law Associates etc.

[10] Ms. Maryam Haq, panelist for Session 2 https://www.youtube.com/watch?v=eQZk5hxhOkA

[11] https://www.facebook.com/lhcbalectures/

[12] Const.P. No 56 of 2003, E dt 3-9-15

[13] https://www.youtube.com/watch?v=eQZk5hxhOkA

Women in Law Dialogue Series Session III – Non-Traditional Career Options

Report On Women In Law Dialogue Series, Session III: Non-Traditional Career Options

The third instalment of the popular Women In Law Dialogue Series – an initiative of Lahore Education and Research Network (LEARN) in association with Courting The Law was recently held at the Research Society of International Law (RSIL)Pakistan.

This session was focused and dedicated to cover the diversity of options open to law graduates in general and to women in particular after their law degree so that they may take an informed decision as to their career paths. The idea behind the session was to put forth for the audience the career trajectories as well as the challenges and opportunities that exist in the various careers that one may pursue following a law degree.

While the traditional career path of legal practice in courts and corporate firms remains the norm, session III of the Women In Law Series was designed to bring forth innovative and diverse career options for its audience. To do so, we had a diverse and vibrant panel of women in law who have dared to be adventurous in their career choices and have carved a niche for themselves.

The panel consisted of

Anoosha Shaigan (Vice President – Courting The Law and Human Rights Activist)
Barrister Fatima Shaheen (Host of Legal Talk Show Qanoon Bolta Hai – PTV)
Maira Sheikh (Senior Research Felllow – RSIL Pakistan)
Mehreen Siddiqi (Representative – Punjab Commission on Status of Women)
Ushba Al Ain (Advocacy and Outreach Officer – Digital Rights Foundation)
The session was moderated by the founding director of LEARN, Ms. Nida Mahmood.

The following is synopsis of the discussion and the main points and comments made by the panelists.

Ms. Anoosha Shaigan, highlighted the dearth of quality legal professionals which motivated her to take up law herself. She encouraged the participants to pursue career options which had room for personal growth and social impact. She highlighted that there was a lot of scope for innovation and creativity in non-traditional careers, minimal rivalry as compared to vying for partner positions at law firms, and above all a luxury to take risks. She emphasized that there is no alternative to integrity and honesty. Non-traditional careers do allow flexibility when it comes to time and work but one needs to learn to strike the work-life balance in an appropriate fashion. She stressed that in today’s day and age there was no excuse for anyone with access to internet to not explore the myriad of opportunities and to capitalize on them. She encouraged the use of technology and innovative thinking to create new business options for one’s own self and for others, citing Courting The Law as an example.

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Barrister Fatima Shaheen has a diverse experience in traditional as well as non traditional career options ranging from litigation to the NGO sector and development work to being a freelance columnist and now as the host of a legal talk show called Qanoon Bolta Hai on PTV. Her career choice focuses on educating the masses, which explains her choice of network, which has viewership all over Pakistan. Fatima explained how litigation may be difficult for women given its inherent male dominated setup but that her career in media was no less challenging. She emphasized that her career in media has made her stronger which has helped her in the legal profession as well. Being a host, and interviewing various legal personalities allowed her to get to know individuals on an equal footing, which is not the case at law firms. Working in media has its negatives and positives. One may not be taken seriously in courts, but working in media does give you more face value and clients.

After completing her Juris Doctrine, Ms. Maira Sheikh did her share of criminal and corporate work, but found herself drawn to issues pertaining to Pakistan. Her advice to all the interns is to never hesitate when it comes to emailing institutions and individuals. Maira decided to move to Pakistan after getting in touch with a specialist on Pakistan at the US Institute of Peace. She realized that working ‘on’ Pakistan and working ‘in’ Pakistan are two very different things. And that is when she decided to gain a better understanding of Pakistan and moved to Lahore. Maira talked about her hectic work hours which according to her are worthwhile because of how diverse the work is. She emphasized that in her line of work one needs to be opinionated. Her current position as a senior research fellow at RSIL allows her to be a part of Pakistan’s narrative. There are very few people in the field. Like other speakers, she stressed that there is minimal competition and there are great opportunities for people of all ages. In traditional legal work, seniority is given preference, which is not the necessarily the case at RSIL. There may be some drawbacks to research related work, for instance there are hardly any seniors to guide you but that is what allows one to carve out a specialised area for oneself.

Ms. Mehreen Siddiqui realised during her LL.M that she wanted to give back to Pakistan so she joined the organisation, Association of Development of Pakistan and worked on issues pertaining to health, education, water and energy for five years. Mehreen stated that these five years consisted of life changing experiences where she felt she was really contributing to society. She worked round the clock to provide health services and water to villages where people usually had to travel for 4 to 5 hours for access. Currently Mehreen works for the Gender Management Information Systems (GMIS) Project by PCSW, specifically on gender empowerment and the work also consists of suggesting policy reforms to the government. Adding to what the previous speakers discussed, she encouraged young women to work in the judiciary where there was a very limited number of women. Her advice to all was that there are no short cuts in life and that one should opt for a career that is personally gratifying.

Ms. Ushbha Al Ain, born and raised in Oman, did her Bachelors from the UK with a Diploma in Law. She is currently working as an advocacy and outreach officer at the Digital Rights Foundation. Ushbha always felt that her strength was communication and she worked well on issues related to human rights. One of the ways she could retain and improve on this trait was by choosing a non-traditional career where she got to work with people face to face. While living in UK she started to understand and internalize various issues pertaining to women in Pakistan. After moving to Lahore she quickly learned that there was a strong link between digital rights and human rights in areas such as privacy for example. Ushbha believes that the upside to her career is that it allows her to be creative and to connect with people. And with areas of law such as her own, shared experiences can be put to use in the field.

Mr. Ahmer Bilal Soofi, President of RSIL was also present at the session to encourage the participants and panelists. He appreciated the efforts and the career decisions that our panelists had taken and congratulated Ms. Mahmood on bringing forth a diverse set of female role models for the attendees, the law students and young lawyers.

The floor was then open for the audience to share their collective views, raise questions and interact with the panelists.

This session marked the culmination of the three-part Women In Law Dialogue Series.

Women in Law Dialogue Series Session II – Women and Litigation

Women In Law, Dialogue Series, Session 2: Women In Litigation

The ‘Women In Law Dialogue Series’ is a joint initiative of the Lahore Education and Research Network (LEARN) and Courting the Law (Pakistan’s first legal news and analysis portal) with support from LUMS. Session 2 will be held on Saturday 7th May 2016 from 2:30 pm onwards at LUMS Law School (SAHSOL).

The series is divided into three parts as follows:

Session 1: Women in Law: Challenges and Opportunities
Session 2: Women in Law: Women & Litigation
Session 3: Women in Law: Non-Traditional Career Paths
It aims to focus on the role of women within the legal profession. It celebrates the successful examples of those women who have made a mark for themselves in the profession by bringing their inspiring stories to motivate other female lawyers/students to follow course.

Purpose and Objective:

The purpose and objective is to maximize the utility of this human resource and to fully integrate them into the profession by creating opportunities and a work-ethic balance that practically enables more women to enter and remain in the profession after graduation.

About Session 2 on Women & Litigation:

Session 2 is aimed at creating awareness and addressing the gaps between women and litigation. The idea is to encourage more women to pursue litigation actively in courts and to participate meaningfully in the Bar in order to fully realize their potential within the profession. In this regard, the following themes have been finalized for discussion:

Theme 1: Women, Practice and Rights: How the Legal Profession is Failing its Women
Theme 2: Successful Exceptions and How they Overcame their Challenges
Theme 3: A Case for Reform: Making the Legal Profession more Gender-Friendly

Women in Law Dialogue Series Session 1 Report – Challenges and Opportunities

Report On Session1 Of Women In Law Dialogue Series 2016 – Challenges & Opportunities – with comments and analysis by Ms. Nida Mahmood – Founding Director of Lahore Education and Research Network (LEARN).

The Lahore Education and Research Network (LEARN) recently conducted the first session of the Women In Law Dialogue Series earlier this month[1] in association with CourtingTheLaw.com.[2] Session 1 aimed to look into and address some of the common challenges and shared concerns that most female law graduates may have upon entering the profession due to lack of opportunities for young female lawyers and students to find meaningful assistance for navigating their way into the profession.

However, the series is the first of its kind of an initiative that not only focuses on understanding the challenges and opportunities for women in the legal profession but also hopes to initiate a dialogue on creating an enabling environment for greater integration of female law graduates in the profession and ultimately their role at the bench, the bar, the bar councils and associations, law firms, and the profession in general.

The underlying objective being that while there existed an overall appreciation and recognition of the conscious or unconscious bias against women in the fraternity in general, there however, was no talk or mention ever of deliberating upon solutions to make things easy – if not right; and given the lack of networking opportunities that women face particularly in relation to networking with their male counterparts, it seemed only right that a forum or platform could be provided to such aspiring female lawyers who get a chance to interact and benefit from the experiences of inspiring women in law who have already made a mark for themselves amidst the common challenges and shared concerns that we can all relate to.

With this objective in mind, the first session in the Women In Law Dialogue Series comprised of the most diverse and resilient young female lawyers in the profession today including, Ms. Nida Aftab who is currently working at Ashter Ali and Co. in the civil litigation department; Ms. Azmeh Khan, who is heading the legal department at Highnoon Laboratories; Ms. Marium Khalid who is a senior counsel working at ABS and Co. and has been involved in international arbitrations including that of Rekodiq, and Ms. Anooshay Shaigan who is the Editor and the Vice President of CourtingTheLaw.com – Pakistan’s first legal awareness and analysis portal. The panel was jointly moderated by Ms. Nida Mahmood Founder of LEARN and Ms. Maira Sheikh who is the senior research fellow at Research Society of International Law, Pakistan.

The panelists were asked a set of common questions that encouraged them each to share their own unique and individual journey into the profession while highlighting any of their peculiar challenges along the way. They were also asked to identify the personal traits and tricks of trade that secured them the opportunities that they had. The panelists answered each question with an eccentric grace and a touch of humor and brought forward the issue of women participation and representation in the profession in a very personal yet professional manner.

For most of the panelists, law was not their first choice and this is very important because this apparently is the first challenge at a personal level that one may have to come to terms with. Nonetheless, with support and/or inspiration from their families they were guided to consider law as a subject and ultimately went on to make their mark in this field. When asked if they faced any discouragement from choosing this line of career, Ms. Nida Aftab rightly pointed out that while there is little or no discouragement at the time of pursuing the law degree, the discouragement does come afterwards when it is time to actually put the degree to use and practice. This perhaps is the most hypocritical notion behind an aspiring female lawyer’s career ambition as it has the tendency to alter the approach with which a female student sees her law degree. We believe that a paradigm shift may be necessary here in the mindset of our families so that they start seeing our law degree as more than just a qualification that we need for the world to see; that it is indeed our tool to participate as able members of the Pakistani workforce and not just a tag as an evaluation of our academic worth.

Law is and remains a male dominated profession and while that is true, it is also true that most of the times the nature of the work and more importantly, the nature of the clients can be an impediment to the progress for women in the field. This is not so much the fault of our profession as it is of the society in general where men don’t feel as comfortable in talking to females about their issues and matters. The panelists therefore, identified that one of the challenges that a female lawyer may encounter comes at the stage where interaction with a client has to take place for they are usually not comfortable in addressing women in such matters. A client, they said would not make eye contact or may even completely ignore the very existence of the female advocate during any consultation, meetings or negotiations. This then becomes a real challenge that women and their employers will have to deal with and so it acts as an impediment.[3] Equally challenging it is to head a legal department where work has to be coordinated with majority of men over the age of 40 as they perceive you as a young women to be very much still a child and not so much as a professional as explained by Ms. Azmeh Khan who has over the years now mastered the art of delegation as head of legal department at Highnoon Laboratories.

What is important however is to have the right attitude and demeanor at the job which requires you to be a thorough professional like any other professional in the office irrespective of gender. The idea that the panelists rightly put forward was to keep a firm and confident persona coupled with the right sense of professional dressing and demeanor to be presentable to show that you deserve to be where you are. A lot therefore depends on how you carry yourself and what you are willing to invest in your job including, the time, effort, energy and grace. Off course you may question as to why should women have to prove their worth but, I say, don’t we all in order to progress?

The bias within law firms related to hiring women especially because of their personal life plans including marriage or children is very genuinely a serious concern for both women as well as for employers however, it is sad that such a status quo exists where personal life or professional life devolves down to a matter of choice in a way that one out-does the other. As Ms. Marium Khalid rightly pointed out, this should never be a choice that has to be made save for free will. No women should be made to choose family over work or work over family. Indeed, women need to look after their families and in particular lack of access to childcare facilities is one of the main reasons for the high turnover of female lawyers from the profession despite the fact that higher number of women are entering to study law and are even doing academically much better than their male counterparts. This is where a combined and collaborative effort is much needed at the societal as well as at the fraternity level so that a collective solution can be designed to accommodate this natural role of women without having to deprive or bar them of their opportunity and right to work.

I understand that since men have traditionally been at the forefront of the legal profession it is not surprising that the traits that are attached to women are not so greatly valued or accommodated for the rules of the game were set when only men were the players.[4] Now with female entrants rising and joining the game we should all understand that some reforms and changes will have to be brought in to accommodate the growing legal fraternity. Cue may be taken from other jurisdictions of the world where similar problems have been addressed in a more plausible and accommodating fashion thereby benefitting from the increase in the pool of able workforce by allowing and making it practically possible for more women to participate. Australia for instance is a leading example in point where firms have introduced unconventional methods for retention and growth of female talent. These include but are not limited to, flexible work arrangements (not the same as part-time workers which denotes a lesser degree of commitment), reduced hours, job-sharing arrangements and most interestingly, the notion of a ‘sponsor’ who is generally a person in position of influence who is actively engaged and responsible for your career progression.[5]

Considering that the course of gender equality has never run smooth so you need egalitarian leadership within the bar councils and associations as well as the law schools, alumni programmes and other organizations to create access to the same networking and business opportunities, as well as mentoring and teamwork programmes, exchange of ideas and dialogue to influence legal culture and pragmatic plans to facilitate the growth and retention of female talent to address the gender-gap problem.

That said, however, the panelists highlighted some of the obvious little benefits of working in a male dominated profession in terms of lesser competition and chances of standing out given the low expectations from the work that female counterparts produce. In addition to that, some judges and senior lawyers are quite receptive and encouraging of young female lawyers who wish to practice. The panelists offered their closing remarks with the same eloquence as they had maintained in all their responses and advised the audience to firstly pursue what they love and are passionate about and secondly to choose their workplace wisely after careful thought and deliberation as to the nature of the work they do and the kind of environment they have. They stressed on the importance of being on decent terms with staff, seniors and fellow colleagues so as to be able to steer away from any office politics and lobbying that can hinder or damage not just the impression but also your work ethic and your productivity. They also advised the participants to keep an open mind to their options as well as to any criticism for that is for their progress and for their learning. They highlighted the importance of reaching out and of thinking and planning actively. They suggested that restricting themselves or being discouraged by what other people may have to say is never a good idea and that they should allow themselves the opportunities to experience the vastness of the legal arena especially in the initial years of career. Ms. Anooshay Shaigan was quick to add the word ‘innovation’ to the experience debate and encouraged the participants to come up with novel solutions as contribution to the legal industry as she had managed along with her team and her mentors in shape of CourtingTheLaw.com.

The second session of the Women In Law Dialogue Series will focus on ‘Women and Litigation’ and will take place in March 2016. Further details of the second session will be updated soon.

******

[1] 1st February, 2016, at Books and Beans, Lahore.

[2] We are grateful for the support rendered by team of Courting the Law, Books and Beans and by our volunteers Ms. Fizza Irshad and Mr. Moghees uddin Khan without whom this event would not have been possible.

[3] As per the observation and experience of Ms. Nida Aftab during one of her meetings with the client.

[4] For more interest in the subject see ‘Feminism and Critical Race Theory’, Frances Olsen (1990) and Ngaine Naffine in ‘Law and Sexes’.

[5] See for instance the case of Ms. Rebecca Gilsenan who works as a principal in class actions on flexible work arrangement basis at Maurice Blackburn – a leading Australian Compensation and Social Justice firm.

KPK BANS DOWRY PRACTICE: AN END TO SOCIAL MENACE? – Aisha Ayub

The Khyber Pakhtunkhwa Government has attempted to eliminate the ‘dowry virus’ from the society.

The social virus has spread out to all segments of society from the lower class to the well-known elite. Marrying the daughters to eligible bachelors requires families to give dowry in the form of property, money or jewellery to the groom’s family. This belief that they must accumulate lifetime savings to pay for their daughters’ or sisters’ dowries is inculcated in the mindsets of the youth. This is often asserted in our television advertisements enticing parents to buy an insurance policy for their daughter’s wedding or presenting it as a compulsion to abide by these archaic societal norms. The Khyber Pakhtunkhwa Government has taken a laudable step by passing the law titled, the Khyber Pakhtunkhwa Dowry, Bridal Gift and Marriage Functions Restriction Act, 2017. The legislation has declared the practice of demanding dowry from the bride’s family illegal and has set a punishment for those violating this provision of law.

The intent behind the passage of this legislation was to protect women from harassment by their husbands or other family members to obtain dowry as a pre-condition of marriage. This practice is still prevalent in many parts of Pakistan. The practice of bride burning by the husband, in-laws and relatives is rampant in society. It is reported in many cases that if the dowry is not fully paid, women are tortured and then killed by their in-laws. These anachronistic cultural values are deep-rooted in the mindsets of the society creating demeaning attitudes towards women.

The Khyber Pakhtunkhwa Government has taken an important step to free women from this dangerous and evil custom. The bill was presented by the Jamaat-e-Islami (JI) lawmaker Rashida Riffat and was passed with a majority vote by the house.

The law has placed a complete ban on dowry articles given by parents or any other family members of any other person to the bride. The law states that if anyone from the bride-groom’s family or anyone on their behalf asks or forces the bride’s family to pay dowry in the form of cash or any specific items, they shall be punished with an imprisonment not exceeding two months and fine not less than three thousand rupees or both.

The aggregate value of the gift amount or articles given by the bride’s parents or any family member shall not exceed ten thousand rupees.

Moreover, the state has set a limit on total expenditures spent on marriage, Barat, Walima by either party for each ceremony shall not exceed seventy-five thousand rupees.

It is stated in the law that during the smaller functions such as Mehndi, Nikkah or engagement, the family shall not serve or allow anyone to serve anything except beverages to participants in the ceremony.

The menu for walima ceremony is limited to one rice dish, one gravy dish, one dry dish along with bread, salad and a sweet dish.

Furthermore, this law provides a procedure for complaint: a complaint can be made to the magistrate of the 1st class under whose jurisdiction the offence under this act by anyone who witnessed the ceremony within one month from the date of Nikah, and if the rukhsati takes place, from the date of such rukhsati.

Though it is an important step taken by the Khyber Pakhtunkhwa Parliament to address the menace of dowry practice. However, the Khyber Pakhtunkhwa Government will face challenges and difficulties in implementing the new legislation. Though the pro-women laws existed such as The Dowry and Bridal (Restriction) Act, 1967 and The Marriage Functions (Prohibition of Ostentatious Displays and Wasteful Expenses) Ordinance, 2000 for the protection of women against dowry abuse. These laws place a restriction on marriage-related issues, including dowry, bridal gifts and marriage functions. under the law, the complete ban was imposed on the exhibition and display of the dowry presents. Moreover, no restriction on the quantity or value of dowry and bridal gifts was placed under the law. The law provided imprisonment for one year or fine up to Rupees five thousand or both for contravention of this provision of the law. Furthermore, the law placed a restriction on the value of dowry and bridal gifts as Rs5,000. The ceiling of expenditure was restricted to Rupees 2,500 as expenditure in marriage ceremonies. Additionally, the law fixed value of presents given to the bride and groom to Rs100. This law was devised for the protection of women, but it was rarely enforced. Moreover, the violators of the provisions of the law have been hardly penalised. The 1976 Act has become redundant due to the unrealistic ceilings placed by the state on expenses incurred on various wedding engagements. This act does not have a mechanism to determine the expenses of the wedding ceremonies in accordance with the socio-economic conditions, the income level of various classes and rate of inflation of the modern-day society.

Surprisingly there is no strict provision in the legislation passed by the Khyber Pakhtunkhwa for the punishment of dowry demanding and paying by both the parties.

As a contrast to this provision, India’s Prohibition of Dowry Act 1961 provides severe punishment. The 1961 Acts states that if any person gives or takes or abets the giving or taking of dowry, the person shall be punishable with imprisonment for a term which shall not be less than five years, and with the fine which shall not be less than Rs15,000 or the amount of the value of such dowry, whichever is more. However, the Indian legislation is rarely implemented due to the poor enforcement mechanism. The 1961 Act states that such presents given to the bride shall be entered in a list maintained in accordance with rules made under this law.

Although it is an affirmative measure to reduce the dowry practice in the society, the Khyber Pakhtunkhwa Government is required to introduce strong enforcement mechanisms to enact the new legislation. Furthermore, a provision should be added in the new legislation which states that a mandatory list of gifts given in the form of cash or belongings shall be attached with the Nikahnama. This will help the authorities to regulate the expenses incurred on the wedding ceremonies effectively and to act against those parties who violate the provisions of the law. Also, the marriage expenses regulation committee should be set up at a ward level in each city. The object of the Committee shall be to act as watchdog ensuring that the parties incur expenses and marriage ceremonies in accordance with rules and guidelines provided in the law. The government should work with Non-Governmental Organisations to raise awareness for dowry killings. Advocacy campaigns should be started to train women teaching them about their rights and the protection provided under the law.

Aisha Ayub is a lawyer, activist and researcher based in Lahore. She holds LL.M from SOAS and can be reached at aissha.ayub@gmail.com. The views expressed herein are her own. The author takes sole and full responsibility for the accuracy of the content of this article and any claims arising from it.

Taking action against child labour through labour Law – Wajeeha Tamseel

More than 200 million children are involved in work around the world today. With the growing requirements of our country, it is the most important thing to teach every child of country for the development of strong nation. In our country over 27 million children are out of school nowadays due to working. The literary Rate of Pakistan is about 54% (66.25% male) and (41.75% female). Maybe it is a huge task for the government. The burning question however, is why our government not implementing the prevailing laws against child labour?

According to ILO, child Labour is a work that has the potential to deprive children of their childhood, their dignity, and is also harmful for their physical, moral and mental development & it interferes with their education. We have some laws in Pakistan prohibit the Employment of children’s. There is a need to first have a look at the constitutional provisions pertaining to child labour.

According to the four basic Articles of the Constitution of Pakistan,
(i) the state shall ensure the elimination of all forms of exploitation & the gradual fulfillment principle, from each according to his ability & to each according to his work (Article 3)
(ii) (ii) No child below the age of 14 years shall be engaged in any factory or mine or any other hazardous employment (Article 11 (3))
(iii) (iii) The state shall provide free & compulsory education to all children of the age of 5 to 16 year in such a manner as determined by law (Article 25 (A)
(iv) (iv) The state shall make provision for securing just and humane conditions of work, ensuring that women and children are not employed in vacations unsuited to their age or sex, and for maternity benefits for women in employment (Article 37 (e))

The constitution of Pakistan contains provisions for the Economic & social well being of the people & for the promotion of social justice. However, according to UNICEF there is an estimated 250 million children aged 5-14 in child labour, excluding child domestic labour. Similarly, in many cultures the girls are not given access to formal schooling & are pushed into child labour such as providing domestic services.

“ Child labour is a crime against humanity “

Children’s are working in the areas of agriculture, carpet weaving, soccer balls, automobile workshops, mining, stone cutting, mixing pesticides, glass factory and much more.

The main causes of the increasing rate of child labour in our country are absence of compulsory education at the primary level, parental ignorance regarding impact of child labour, the ineffectiveness of child labour laws, non-availability & non-accessibility of schools. Parents are forced to send little children into hazardous jobs for reasons of survival, even when they know it is wrong. Illiterate & ignorant parents do not understand the need for wholesome proper physical, cognitive, & emotional development of their child.

The law also provides for certain exceptions. It says that no child has to be employed in any occupation, establishment, or process defined as hazardous for children except where such process is carried by the family as a business or in any school established, assisted & recognized by government. The minimum age for employment under newly enacted legislation is 14 years in khyber pakhtunkhwa & Sindh, while 15 years in Punjab. The minimum age for hazardous work is still 14 years in Balochistan & ICT, however it has been raised to 18 years in khyber pakhtunkhwa, Punjab & sindh. The number of laws contain provisions prohibiting child labour, or regulating the working condition of child & adolescent worker.

The most important laws which are related to child Labour are:
• The factories Act 1934
• The west Pakistan shops & establishment ordinance 1969
• The employment of children Act 1991
• The bonded labour system Abolition Act 1992
• The Punjab compulsory Education Act 1994

Child labour remains one of the major problems afflicting Pakistan & it’s children. Pakistan has passed laws in an attempt to limit child Labour & indentured servitude, but those laws are persistently ignored. The major question is that how does government regulate working conditions for children and adolescents? In accordance with part III and section 7 of the Employment of Children Act, a child or adolescent can’t work more than 7 hours a day (it includes one hour of rest, so essentially 6 hours of work). The work has to be arranged in such a way that after every 3 hours of continuous work, the worker has to have an interval of at least one hour of rest. A child can’t be permitted or required to work between 07:00 p.m. to 08:00 a.m. Moreover, a child can’t be required or even permitted to work overtime. 

The Factories Act 1934 contains the following provisions regarding employment of children. Section 50 of the Act prohibits employment of children (under the age of 14 years) in any factory. Section 51 requires adolescent workers (who are above 14 years of age and below the age of 18 years) are not allowed to work in a factory unless:
i) A certificate of fitness has been issued to them by a qualified medical practitioner and that certificate is in the custody of the manager
ii) He carries, while at work, a token giving reference to such certificate

No child or adolescent shall work at a machine unless he has been fully instructed as to the dangers likely to arise in the course of work with the machine and precautions to be observed. Similarly, he/she must have received sufficient training in work at a machine or is working under adequate supervision by a person who has thorough knowledge and experience of the working of machine (Section 28 of theFactories Act). No woman or child shall be employed in any part of the factory for pressing cotton in which a cotton opener is at work.

As for the Mines Act, it prohibits employment of children in any part of the mine and even presence of children in any part of the mine which is below ground. It also has provision on medical certificate like the one mentioned above.

According to the Road Transport Workers Ordinance 1961, no person, other than the driver, shall be employed in any road transport service unless he has attained the age of eighteen years. Further, it also requires the driver to be of twenty-one years of age. 

According to the Shops and Establishments Ordinance 1969, no child shall be allowed or required to work in any establishment (section 20). It also requires that no young person (this term has been used collectively for children and adolescents i.e. between 14-18 years) shall be employed in any establishment other than between the hours of 09:00 a.m. and 07:00 p.m. (section 7). In accordance with section 8 of the act, no young person is permitted or required to work more than 7 hours a day (these include one hour of rest) and 42 hours a week.

The Children (Pledging of Labour) Act, 1933 stipulates that every agreement that pledges the services/labour of a child for any payment or benefit is null and void. However, it provides an exception for an agreement if that is made, without any detriment to the child and if child’s services are provided for reasonable wages and if that agreement is terminable at weeks’ notice.

The Merchant Shipping Ordinance 2001 (section 110) provides that no person under the age of 15 shall be engaged or carried to sea to work in any capacity in any ship except:
• In a school ship, training in accordance with the prescribed conditions
• In a ship in which all persons employed are members of one family.

In accordance with section 14 of the Employment of Children Act, whosoever employs any child or permits any child to work in occupations and processes mentioned above, shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to PKR 20, 000 or with both. If a person, who was already convicted under the law, commits the same offence again, he shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years. 

Penalties have been raised in the newly enacted legislation in Khyber Pakhtunkhwa, Punjab and Sindh to a minimum of 50,000 rupees fine. Otherwise child labour is not a big deal to handle, it just needs the focusing behaviour of society.
There is need to attempt the points of child labour law, for the flourishing of working children’s. Education is their birth right so against child labour, we must fight!

The author can be reached at jiamirza28@yahoo.com. All views, data, analysis and content submitted is the sole responsibility of the author. LEARN takes no responsibility for the accuracy of the content used here in. The views expressed are of the author and not necessarily those of LEARN.