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RCSS Policy Studies 16 : Chapter 3

Law and Order Situation and Gender-based Violence Bangladeshi Perspective -  by - Lailufar Yasmin

[Chapter 1] [Chapter 2] [Chapter 3]  [Chapter 4] [Chapter 5] [Conclusion]

Women and Gender-based Violence in South Asia

South Asia is the home to 1.2 billion people, which is one-fifth of humanity, with a growth rate of 2.1 percent yearly. The population has more than doubled in the last three decades, from 563 million in 1960 to 1191 million in 1993. It has been projected that the population would double in the next 25 years. Apart from being identified as the most populous region in the world, South Asia has also been identified as the poorest region where 40 per cent of the world’s absolute poor live. According to the World Bank’s estimation, over 500 million people survive below the absolute poverty line, where even their basic human needs are overlooked. The per capita GNP of South Asia, which was $309 in 1993, stands lowest among all other regions in the world. While South Asia and East Asia had roughly the same nominal per capita income three decades ago, the latter, excluding China, has now 27 times greater number than South Asia. At the same time, South Asia’s share in global income is only 1.3 per cent.
This region is also characterised as one where adult literacy rate is the lowest, which is 48 per cent and contains 46 per cent of the world’s total illiterate persons. The negative attributes prevalent in South Asia do not end here. It is the most malnourished region of the world where half of the children are underweight, compared with 30 per cent in Sub-Saharan Africa. About 260 million people lack access to rudimentary health facilities, 337 million lack safe drinking water, 830 million have no access to basic sanitation facilities and over 400 million people go hungry everyday. In this context it is ironic that South Asia is the most militarised region in the world. The region has two of the largest armies of the world between the perpetual enemies India and Pakistan. The nuclear tests of last year, both by India and Pakistan, and the recent military crisis over the Kashmir issue in Kargil have again intensified the arms race between them. It is the only region where expenditure on defence as proportion of GNP has increased since 1987.
In such an impoverished and conflict ridden region, it would be pertinent to examine the situations of marginalised and oppressed social groups like women.

Women in South Asia
“To be women in this region (South Asia) is to be a non-person” – this is the picture of womenfolk in South Asia depicted by Dr. Mahbub ul Haq in the “Human Development in South Asia, 1997”.8 South Asia is a region where even the global biological pattern of men-women ratio, which implies that if both sexes receive similar nutritional and health care, women outlive men, has been overturned. While it is natural that women live longer than men do, there is an overall ratio of 106 women to 100 men globally. But in South Asia, the men outnumber the women, where there are only 94 women to every 100 men. While according to the global trend, the number of men and women population should have been 614 and 649 millions respectively, the actual numbers in South Asia are 616 and 575 respectively. If we take an in-depth look towards the country-wise figure, the situation in Pakistan is most serious than the other countries of the region where there are only 93 women compared with every 100 men. The ratio of women-men population is nearly equal in Sri Lanka and Maldives while the ratio of women for every 100 men is 94 in India and Bangladesh, and 96 in Nepal. Dr. Haq has shown that thus 74 million women are missing in South Asia, for whom there exists indifference at the policy-making level of the countries in the region.

The socio-economic status of women in South Asia is deplorable where women’s basic needs are also at stake. In South Asia, one-third of the adult women receives some education and only half of the female population is enrolled at the primary, secondary or tertiary level. Women in the subcontinent are also deprived from the nutritional point of view since they are often fed last in the household. At the same time, they carry the greatest burden of the workload. There is no exception of this rule for a girl child though her brother is never asked to work with her.

The average fertility rate per married woman in South Asia is still very high, at 4.2. Married women are often burdened with unwanted pregnancies since only 39 per cent of married couples use any form of contraception. In South Asia, only 36 per cent of the women are economically active, compared to the 50 per cent of the developing world. Women earn only one-fifth of the total income. Women’s rate of participation in politics is also very low where, on the contrary to the general picture, several women politicians have reached the acme of political power in several South Asian countries. In the sub-continent, women’s share in the parliament is only 7 per cent while the rate is lower in case of participation in the administrative and managerial positions, which is only 3 per cent.

According to the UNDP report, Sri Lanka ranks as the best country in terms of investing in women’s capabilities and in making various opportunities available to them. It is only in Sri Lanka that the South Asian demographic characteristic of men outnumbering women is reversed. In Sri Lanka, life expectancy is 106 per cent of male life expectancy, female literacy rate is 86 per cent and female economic activity rate is 36 per cent though in decision-making procedure women are far behind men. Women’s share in the national parliament is only 5 per cent, at the cabinet level it is only 3 per cent and in the top administrative and managerial positions, the share amounts to only 17 per cent.
In most gender-related human development indicators, Pakistan ranks the lowest in the subcontinent with female literacy being 23 percent, female participation in economic activities 16 percent, women’s participation in top administrative and managerial jobs 3 per cent, and women’s participation in national parliament only 1.6 per cent. In Pakistan, discrimination based on sex is guaranteed by the constitution itself.

Gender-based violence in South Asia
It can be inferred from the above discussion that under the prevailing gender discrimination in South Asia, it is the women who are the most disadvantageous group in the region. It is the only region where a prevalence of women in the state power hierarchy exists amidst low rate of women’s participation in politics. The four major countries of the sub-continent, Bangladesh, India, Pakistan and Sri Lanka, both have and are experiencing elected female heads of the state not only for one or two terms but for several terms. But this has in no way improved the lot of womenfolk of their countries. Dr. Haq has correctly identified that being a woman Prime Minister or President does not solve the basic unequal status of women in South Asia.
At this point, it would be pertinent to discuss the condition of women in India, Nepal and Pakistan with regard to gender-based violence.

Gender-based Violence: India
India, the biggest democracy in the subcontinent, experiences 11 per one lakh population crime rate. The total number of cases of violence against women reported in 1996 was 1,05,439 against 1,05,413 of 1995. The breakdown of cases of violence against women in 1996 follows:

Table 2: Violence against Women in India 

Type of Incidents 1995 1996
Rape 12,922 12,385
Kidnapping and Abduction 13,540 13,369
Dowry Deaths 5,151 5,101
Torture 28,835 30,086
Molestation 26,134 24,019
Sexual Harassment 10,943 11,900
Importation of Girls  191 172
Sati Prevention Act  2 2
Immoral Traffic (Prevention) Act 6,756 5,678
Indecent Representation of Women 939 659
Total 105,413 105,439

In 1990, the number of cases reported was 68,317, which reveals that the increase in the number of crimes reported in 1996 was as high as 54.2 per cent when compared with 1990. The rate of increase was perceived to be synonymous with the increasing rate of women’s participation in “activities outside the home, influence of indecent representation of women in the mass media, globalisation etc. and also because of greater awareness, police sensitivity and public concern”.

Gender-based Violence in Nepal
In a seminar organised by Women For Women, Dhaka in December 1997, Dr. Jyoti Tulad Har from Nepal presented the state of women in Nepal with regard to gender-based violence, based on a survey conducted in 1997. The study identified the following as gender-based violence in the context of Nepal:

• Domestic violence;
• Sexual slavery, prostitution and international trafficking of women;
• Incest;
• Violation of reproductive rights of women;
• Rape;
• Sexual harassment/ sex discrimination;
• Medical abuse;
• Abuse of women with physical and mental disabilities;
• Culture bound practices harmful to women;
• Ritual abuse within religious cults;
• Marital rape;
• Pornography and abuse of women in media;
• Abuse of women in refugee and relocation camps;
• Custodial abuse;
• Female feticide;
• Dowry related violence and murder;

Nepal being a patriarchal society, the women are often victims of indiscriminate violence generated by male members of the society. About 95 per cent of the respondents of the study reported having first hand knowledge of violent incidents against women. Among the high-risk group were commercial sex workers, who had all experienced incidences of violence first hand. About 60 per cent of the respondents reported domestic violence to be a daily occurrence while 55 per cent reported to be weekly, 64 per cent monthly and 88 per cent reported it to be an occasional incident.

The most common form of violence perpetrated against women was identified as physical beating as 82 per cent of the respondents opined so. Among other types of physical violence carried out against women were assault (66 per cent), rape (30 per cent), forced prostitution (28 per cent), abortion (13 per cent), sexual abuse (13 per cent) and untouchability (21 per cent). Mental torture accounted to be the highest- 61 per cent-among the different forms of psychological violence perpetrated against women. Among other forms of psychological violence, 32 per cent reported emotional torture, 31 per cent sexual harassment in public places and 17 per cent reported sexual harassment in the work place. Torture in police custody was reported as being most frequent by respondents in the two districts of Nuwakot and Kanchanpur to be 28 per cent and 25 per cent respectively. Seventy-seven per cent of the perpetrators of violence were reported as being from within the family and only 23 per cent from outside.

Gender-based Violence – Pakistan
Pakistan is a signatory to the UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and thereby, is committed to eliminate all discriminatory practices against women. However, after one year of the ratification of the CEDAW, the Amnesty International issued a report on the condition of women in Pakistan and carrying out the responsibilities under the Convention titled as “Pakistan: Women’s human rights remain a dead letter”.10 In the report, the Amnesty International highlighted the forms of discrimination and violence that are carried out against women in Pakistan.

According to the findings of the women’s rights group of Pakistan, 70 per cent women in Pakistan are subject to domestic violence. A non-governmental organisation, War Against Rape (WAR), reported that in the last three months of 1997, 58 women approached the police surgeon’s office at Karachi with the allegation of being raped. Another non-governmental organisation monitoring Lahore-based newspapers, recorded 717 incidents of rape only in the Lahore city and its hinterland in 1997. Sixty-five per cent of the victims were minor girls and almost 30 per cent of the victims were gang raped. Between January 1997 to February 1998, some 1,130 women had been murdered, raped, abducted or subjected to severe forms of violence, compared to 75 such cases the corresponding earlier period. These figures included an average of more than 10 women being raped every month in the city of Multan alone. That NGO, in its report concluded that the country-wide incidents of rape, including unreported cases in 1997 saw “at least eight women ... criminally raped every 24 hours, more than two of them by gangs and more than five of them were minor”. “Bride burning”, one of the most inhuman forms of violence against women in South Asia, accounts for more than a dozen deaths of women every year in Pakistan. The victims’ husbands or in-laws mainly perpetrate these acts. The reason for such burning, range from punishing women for not obeying their husbands and elders of the family, the inability to produce a male heir , or failure to bring larger dowry.

Women in Pakistan are also victimised if the family believes the woman has done anything to violate the sanctity or honour of the family. Accordingly women are seldom permitted to get married according to their own choices and/ or to marry outside of their respective tribes. Those women who dare to marry according to their choices are often threatened or even killed by their families. In this respect, the marriage between a Pashtun woman Rifat Afridi and a Mohajir, Kunwar Ahsan is worth mentioning The Pashtun tribe called for the death of the couple for they charged that Rifat had gone against the will of her father and had thereby dishonoured the family. Ironically, Rifat’s own father supported the verdict of death on the grounds that she had dishonoured the family and the tribe.

In 1994 the Government of Pakistan set up a “Commission of Inquiry for Women”, headed by a Supreme Court judge and consisting of human rights lawyers, Islamic scholars and legislators to review the existing laws that perpetuate discrimination against women and prevent them attaining equality vis-à-vis men. The recommendations of the Commission were unheeded by the government for a long period. However, in September 1998, the cell set up in the Ministry of Women’s Development released a set of recommendations to the government of Pakistan, which included the recommendations of the Commission and held that an intensive programme to lobby its implementation would be launched by the end of 1999.

All Right Reserved (c) Regional Center for Strategic Studies