Ever heard of the phrase rules in use and rules in form? Rules in form means the laws that exist, the rules that are written in the form of documents, whereas rules in use refer to what is actually being practiced in the society. Ideal vs Reality. Comprehensive laws and policies exist, but unfortunately they are hardly exercised. This is because maximum people of Pakistan are illiterate, and those who are even literate do not bother to inquire about the laws and policies that prevail in the society.
Secondly, even if they are aware of the laws which exist to protect their rights, they do not exercise it because people think that the system is so flawed that justice will not be served. They think going after an issue through legal means will only exhaust their resources.
But there is another reason, why people do not exercise their rights, through legal channels. Specially the cases related to sexual harassment. There are laws against harassment, but they are not fully utilised, because it is considered a taboo in Pakistani society. Women are expected to stay silent even if they have been raped. Had the people exercised their legal rights against harassment (of any kind), the situation could have improved over time.
Here is a list of 5 laws that everyone, especially, women should be aware of. And awareness alone cannot help, these laws should be practiced in order to bring about improvement in the society.
1. Section 509 of Pakistan Penal Code 1860
The law is about the appearance of a woman, it states “if an individual insults a woman concerning her modesty, either, by gestures or words, the offender can be criminally listed for three years of prison, or with a fine, or including both”
2. Section 366A of Pakistan Penal Code 1860
This law states “if a girl under the age of 18 and is forced to perform sexual intercourse, the offender is accountable to a sentence of 10 years along with a fine”.
3. Section 509 of Pakistan Penal Code 1860
The law states “If an individual commands sexual favours and employs a verbal or non-verbal style of communication, creating any kind of inconvenience, the offender is subject to a sentence of three years or fine, or both the punishments”
4. Section 509 of Pakistan Penal Code 1860
The law states “if a person presents a false allegation of Fornication towards any woman, the person is accountable to 5 years in imprisonment, including a fine”
5. Section 2(H) of the Protection Against Harassment of Women at Workplace Act 2010
The law states that “anyone making unwanted sexual advances, asking for sexual courtesies, or uses any verbal or physical behaviour that befalls in the section of workplace harassment, creates obstacles with performance or generates an intimidating, hostile or offensive work environment for coworkers, can be subject to following punishments
- Censure withholding for a particular time
- Promotion or increment stoppage for a definite period
- Recovery or compensation, allocated to the victim from the offender’s salary or any alternate source
- Putting the offender back to an inferior position
- Obligatory retirement
- Elimination from service
- Removal from service or compensation through a hefty fine
Imagine women using these laws every time a rape case occurs, or even in case of a minor inconvenience they have to face because of someone’s inability to behave, one thing is certain that even without a very efficient justice system, there will be some impact which will be felt in years to come.
Leave a Reply