Content Warning: Discussion of rape and sexual violence
Pakistan remains in shock and disbelief after a woman was gang raped by robbers in front of her children near a motorway in the city of Lahore on September 9th. In the midst of the coronavirus pandemic, thousands of citizens have headed to the streets in an immense outcry. Horrendous acts, such as gang rape, continue to occur despite citizen outcry and condemnation from the government. According to a 2017 report from the Madadgaar National Helpline 1098, nearly 93% women experience some form of sexual violence in public places in their lifetime in Pakistan. However, this event is not an isolated incident; in fact, this is a culmination of a festering issue in the country, which consists of regular threats, harassment and a growing rape culture. The perpetuation of rape as a repeated crime with little to no repercussion has stemmed from multiple discrepancies within the judicial system, a chasm among societal norms and behaviors, and a lack of education towards sexual violence and sexual protection. While women’s rights activists have stepped up to the plate,in terms of supporting and facilitating a nationwide Aurat March in 2019 and 2020, there is still a considerable amount of work that needs to be done from the ground up. This paper will breakdown the event in detail, the societal norms and legalistic fixtures that have reinforced crimes such as rape, concluding with what actions have taken in place thus far from the Pakistani people and what practices must be implemented for substantial change to occur.
Motorway Incident
While this incident of gang-rape was not the first Pakistan has witnessed within the country, it is crucial to consider specific details of this case which ultimately resulted in a considerable amount of pent-up rage and frustration among citizens. It was around 3am on September 9th when a woman, who is a resident of France, and her two children were driving back from relatives in Gujranwala, Pakistan. She ran out of fuel and per the advice of her relatives, she called the motorway emergency numbers for assistance. It was reported that after waiting for approximately an hour for help to arrive, two armed men broke into the woman’s car, stole a considerable amount of money and material possessions, and proceeded to rape her in front of her two children.
Despite the horrendous circumstances of that night, it was what Umer Sheikh, a senior police official, had to say the following morning on national TV that displayed a widepsread problem with the system. Umer Sheikh appeared in front of the media and implied that she had been partly to blame. First, he questioned why she had not taken a busier road, given that she was driving at 10 pm, and then when on to state that she should have checked her fuel before departing. Sheikh also added that the woman, who is a French resident, was traveling under the impression that Pakistan is as safe as France. It is one thing for an individual to experience this level of trauma and abuse then to see the most senior police official, who is meant to empathize with citizens and protect the community at large, instead blaming the victim for what happened that night and holding that person solely responsible for their own safety. This was one of many breaking points in Pakistan, resulting in protests calling for a host of demands, such as the termination for the senior police official to improve police accountability. Immense questioning and eyes are pointed towards the victim rather than the criminals or the traffic who failed to arrive in a timely manner. Despite the fact that two suspects have been found and are being held for questioning, the central problem remains: instead of being treated with empathy, the victim's actions are critiqued thus normalizing victim-blaming and a flawed justice system.
Systemic Behaviors on the Ground
Along with this motorway incident, a flood of rape cases has reached the media. This case was only five days after a 5-year old girl was found murdered, raped, and torched. In roughly the first two months of 2020, as many as 73 incidents of rape have been reported, including five gang-rape cases. It should be reiterated that these statistics are only considering cases that have been reported.. It is imperative to consider the multitude of victims and their ordeals which have gone unnoticed, specifically how normalized behaviors and attitudes have made it seem as though Pakistan is at a standstill or has even backtracked when it comes to handling acts of rape and sexual violence. Difficulty in getting the courage to report such cases reflects cyclical gendered practices deeply entrenched in a patriarchal society where women in some cases are exploited in the name of religious and cultural norms. For example, honor is a social value tied to virginity and modesty with men deciding if these virtues are being met. Societal behaviors place more responsibility and pressure on the women to uphold a certain image which dictates the way she should dress and how loud she should be in public; behavior outside of these frameworks appear as conscious indicators to attract male attention.
A big part of the problem lies within the language and terminology that is used when discussing issues like rape in Pakistan. Pakistani activists highlight that the problem persists due to people immediately blaming the victim and their family- Blame goes to the victim for roaming around freely and the parents are blamed for not taking ‘proper’ care of their child. That is the way rape has always been framed within Pakistani society. Additionally, the rape has always been tied to a female’s modesty and her family’s honor; thus rape is often portrayed as a loss of her piety and good character and respect of her family. It is disheartening to see a system that leaves families suffering because of societal notions of dishonor and shame and victims not receiving the justice they deserve, while perpetrators are essentially roaming free. Social attitudes and norms embody larger narratives in society which tell women ‘not to get raped’ instead of turning the focus towards telling men ‘not to rape’; thus women treat major or minor acts of sexual harassment as trivial and are willing to accept that they are objects of sexual desire and not human beings who should be treated as fairly and equally as their male counterparts.
Do Laws in Pakistan Actually Help Women?
When it comes to acts of sexual assault , Pakistan tends to utilize religion and interprets Islamic ideology to understand crimes such as rape and how it should subsequently be handled. There is a large chasm in ideology and tolerance when considering the fair treatment of women that are based on set laws meant to protect them. While there have been fine-tuned laws, with the intention to help victims of rape with legal process of reporting the crime and taking it to the courts, evidence shows these efforts have not been as effective.
In 2016, the Pakistani parliament broke massive legislative ground when it passed laws to increase sentences for rapists, making it mandatory that the culprit must be imprisoned for 25 years, and those who commit honor killings of women, as an attempt to close a loophole that allowed many of the killers to go free. Despite these promising changes, in 2016 alone, 370 rapes were registered in the country and 3100 cases were still under investigation. Data shows that the cases are increasing with the passage of time despite the presence of a legal mechanism of protection. Another factor is the lack of political stability in Pakistan, which enables perpetrators of all sorts of gender-based crimes against women to go unpunished, as government action on both national and local level remains absent. It was a Jirga that decided in 2002 that Mukhtar Mai was to be gang-raped as recompense for a sexual assault committed by her brother. Jirgas, or tribal courts in the rural regions, is a nuanced version of the justice system, which operates on centuries-old codes of honor; this tribal code believes that women should essentially succumb to the orders of male relatives. Over the years, there has been increasing tensions between judiciary challenging the old tradition of jirgas known for providing quick justice. Most people prefer the jirgas’ style of quick and rough judiciary due to the formal legal system being categorized as cumbersome and corrupt, with cases taking years to reach a final verdict.
The crackdown towards the criminalization is also heavily dependent on which party is holding majority seats in parliament and the importance they place on the particular issue. When accepting his role in office, Prime Minister Imran Khan’s particularstance on social justice and change for all, led to him condemning the rape that occurred on the motorway in a tweet stating, “They [rapists] should be given exemplary punishments. In my opinion, they should be hanged at the chowk [intersection].” Despite the bold nature of his tweet, a month post incident, no major action has taken place in legal terms. However, this has been the most responsive action by parliamentary government in the last few years. It was in 2017 that Khan’s opposition and former party in power, the Pakistan People’s Party (PPP) that the government decided that the solution to Pakistan’s inefficient and politicized judicial system was to provide constitutional cover to Pakistan’s centuries old jirga system. This ultimately displayed at one point the government not only accepting their fault of maintaining a weak judiciary based on self-interest, but consciously wanting to promote a system without considering the negative repercussions it would have towards women’s rights in Pakistan.
What is Being Done: The Role of Everyday Women
The World Economic Forum ranked Pakistan 151 out of 153 countries in its 2020 Global Gender Gap Index Report. The Aurat March -- or Women's March -- has been held across Pakistan on March 8 for the past three years, attracting thousands of citizens, both men and women, intending to demand gender equality, minimum wages for the working class, and bodily rights in the context of sexual harassment and for police support victims in filing for criminal reports, along with raising slogans against sexual harassment and gender-based violence. Women’s rights activists, such as Fouzia Saeed, who founded the first women’s crisis centre in Pakistan, believes progress is being made and that mindsets are changing within society. While women are claiming their own voice through the Aurat March, and with the movement’s message gaining sustainable traction and support through the use of media, there has also been a great amount of backlash. In relation to this year’s March 8th demonstrations, conservatives conducted a smear campaign against feminist activists. Throwing stones at protestors and destroying placards were tied with the justifications deeply embedded in socio-religious norms, stating that it was a highly Western campaign that simply just wanted to promote vulgarity. The status of women has been a social tripe which has evolved into finding an autonomous voice, the the danger of strengthening prevailing patriarchal cultural norms that use Islam as the justification.
The Future of Pakistan: The Beacon of Light Ahead
The Aurat March displays itself as a catalyst for detailed guidance and hope, due to its multi-dimensionality and holistic approach of synthesizing the key issues coupled with strategies and solutions to tackle these daunting tasks. The Aurat March was one way to bring women of all ethnicities, classes, and religions onto one platform. Everyday should be a women’s day in Pakistan- there should not be temporary outrage and anger exhibited towards isolated events; this should be a continuous struggle against rigid socio-religious behaviors. Attention should turn towards easing the pain and helping the survivors and their families. Breaches in law enforcement hindering the healing process for these victims should be held accountable. Law enforcement must also see potential good that can come from partnering with NGOs that can send professionally trained female facilitators to accompany the victim when reporting the crime, with the purpose being to ensure the welfare of the survivor. Furthermore, it is an impreative to look at rape as a heinous crime, rather than an infliction on the victim’s character or honor. Bold reforms and bold attitudes will be needed to bring about this outcome. None of this can become a reality unless the grit and the will of the Pakistani people manifest as the main driving force. None of this can be possible if women are not given positions where power resides; ultimately women must step outside domestic roles to attain their basic rights.