Interview with Tauqeer Fatima Bhutto, Provincial Minister for Women Development in Pakistan
As the Provincial Minister of Women Development in Sindh, Pakistan, Ms. Bhutto is in a unique position today – a position from where she not only has a clear view of the problems women face in a patriarchal society, but also the ability to address these problems within the larger political framework.
Disclaimer: This interview was originally conducted by a Diskord writer for the intent of publication in War Against Rape’s newsletter.
INTERVIEW
Q. In simple terms, what is the definition of rape in Pakistan?
A man is said to commit rape who has sexual intercourse with a women under circumstances falling under any of the five following description:
• Against her will.
• Without her consent.
• With her consent, when the consent has been obtained by putting her in fear of death or hurt.
• With her consent, when the man knows that he is not married to her [while] she believes herself to be married.
• With or without her consent, when she is under sixteen years of age.
*Note that the Minister has not mentioned the rape of men in this definition at all.
Q. What are you working on related to rape, in your capacity as Minister? Are there any strong projects in the pipeline?
As regards to my self as Minister of Women Development, we are working on the mandated as well as the national focal machinery to proactively take initiatives, for women’s empowerment in the country is extremely challenging. The Women Development Department is committed to work towards the protection, advancement, development and empowerment of women in all spheres. The Department, despite being constrained by many challenges is currently focusing on several key areas that are central to gender equality. These include social protection, legislation/policy initiatives, administrative/institutional restructuring, training and empowerment, and establishment of interdepartmental, inter-ministerial and NGO/CSO’s.
Question: What is the sentence for someone convicted of rape?
Whoever commits rape shall be punished with death or imprisonment [for a term] which shall not be less then ten years or more then twenty-five years and shall also be liable to fine.
When rape is committed by two or more persons in furtherance of common intention of all, each of such person shall be punished with death or imprisonment for life.
Q. Many rape cases go unregistered because of social notions. How can we, as a society, overcome these mindset barriers? What is your stance on the social taboo that is created for a rape victim, and do you think that rape reform is necessary?
A very large number of people do not want to get registered the case of rape committed against their female relative. In a conservative society, rape of a girl brings a bad name to the girl. It becomes a matter of shame not only for the victim but also for her entire family. She will find it difficult to move in society or even go to her friends and relatives; parents will find it move or less impossible to get her married. She becomes a social out cast.
Perhaps out of 100 rapes, barely 10 are reported as FIRs. And the conviction of rape being less than 10%, THERE IS HARDLY ONE RAPIST OUT OF 100 WHO GETS CONVICTED. And the trial also takes several years.
Therefore, law for rape is there, but with 1% conviction, one can say that the law is there but not implemented.
As a society and especially as an Islamic Society, it is absolutely essential to take the following actions to provide justice to rape victims:
• We must as a society, condemn in very strong teams, this heinous crime perpetrated against women and girls and express our support for the victims and their families.
• In discussion programs on T.V. and Radio and also in seminars, religious leaders and scholars should be invited to give their views on this crime and for their support for the victims and their families.
• It will greatly help the victims and their families if the Imams in their Friday Khutbas (sermons) condemn the rapist and the crime in very strong terms and come out in support of the victims and their families. The Imams have great influence on people in their areas and their views in favor of the victim and their families will greatly help in changing the mindset of the people in their areas.
• Political parties should include in their manifestos, their resolve to help the victims and their families to continue their lives without being made out cast in their localities.
• Civil Society Organizations should come out aggressively in support of the victims and condemnation of the culprit.
• In police stations, there should be separate women sections with female police staff to deal with criminal complaints of women.
• Media should be [encouraged] to play a leading role in changing the mindset of people through discussion, talks with political religious and civil society leaders, and also through dramas and plays.
• Ministers, Parliamentarians, religious leaders, civil society Organizations and local leaders should visit the homes of the victims expressing their whole hearted support for the victims and their families and helping them to adjust themselves in the changed circumstances.
• FIRS of rapes should be promptly registered and trained and educated police officers should investigate the crime and present ‘chalans’ in courts at the earliest.
• The Chief Justice may be requested to get the rape cases disposed off within a month or two with day-to-day hearing.
• There should be victims and her family’s protection programs so that the offenders do not intimate them.
Q. What are the immediate resources the government offers to rape victims?
Victims [can refer to] the revolving fund for the release of female and juvenile prisoners through payment of fines, bail sureties and transportation. [Also, as per President's directives], a revolving fund for Rs. 20.00 million has been established in the Women Development Department for providing legal assistance to poor women pursuing their petitions of defending themselves in courts. [They are] defended free of charges by lady lawyers engaged by the Government.
The effectiveness of Rape law in Pakistan is evident by the Minister’s responses and she herself admits that there are severe problems with implementation. However, the country has seen worse – the present situation is a far cry from the controversial Hudood Ordinance of 1979, in which rape victims had to provide four male witnesses to the crime.
Therefore, although there is still a long way to go before rape victims can feel protected judicially, the steps being taken seem to be in the right direction.
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