Marginalized_Sections_of_Society_and_Constitutional_Guarantees_in_Pakistan

MARGINALIZED SECTIONS OF SOCIETY AND CONSTITUTIONAL GUARANTEES IDENTIFICATION OF THE MARGINALIZED SECTION IN SOCIETY 2. Marginalization is not simply one thing, not just one status. While an absence of economic resources may, to be sure, characterize a marginalized group, lack of knowledge, political rights and capacity, recognition and power are also factors of marginalization. Marginalization occurs when people are systematically excluded from meaning full participation in economic, social, political, cultural and other forms of human activity in these communities and thus are denied the opportunity to fulfill themselves as human beings. 3. Definitions a. The term “Marginalization” generally describes the overt actions or Tendencies of human societies whereby those perceived as being without desirability or function, are removed or excluded ("marginalized") from the prevalent systems of protection and integration, so limiting their opportunities and means for survival. b. Eugenics. A "science"-based idea that advocated marginalization (killing and deportation) of people deemed “inferior,” by criteria of their race alone. The word "eugenics" (well-born). Many states in USA enacted marriage laws with eugenic criteria, prohibiting anyone who was "epileptic, imbecile or feeble-minded” from marrying and also practiced sterilization of "imbeciles" for much of the 20th Century. c. “Marginals are people the system of labour cannot or will not use” . As a result, they are excluded from society’s major integrating activities, there by missing out on one of the basic factors leading to full inclusion. 4. A Global Phenomenon. The earlier tolerant form of nationalism propounded by the founders of all states has given way to illiberal regimes and discriminatory practices. In most states of the region which are committed to religious majority and who subscribe to dominant religio - cultural ethos, the nation building process has been biased towards the interest of the minorities and cruelly tilted towards the majority, thus creating discrimination against religious minorities in almost all states of South Asia. 5. While often treated as a Third World phenomenon, it is a growing problem in the First World, and Young observes “marginalization is perhaps the most dangerous form of oppression. A whole category of people is expelled from useful participation and potentially subjected to severe material deprivation. Not being included is costly for those marginalized and for the society and the state”. 6. Scope and nature of problems differ and are directly related to the characteristics of various countries or specific circumstances which include:- d. Economic conditions (poverty, unemployment). e. Cultural traditions, catastrophic events (war, famine, floods). f. Government tolerance for the violation of human rights and exploitation of women and children and weak legislation, Non enforcement of laws g. Sophisticated criminal networks and corruption of Government / police officials. h. Lack of resources to combat the criminal organizations. i. Acceptance of victimization and a fatalistic view of the future and lack of cooperation by the victims due to fear. j. Discrimination against minorities and lower economic groups as a matter of right. k. Policies of the Government that tend to give low priority to the marginalized. l. Lack of communication and cooperation between Government agencies. 7. Basis of Marginalization. Today, groups that are marginalized in most parts of the world; come from ethnic, linguistic and religious minorities, homosexuals, drug addicts, AIDS patients and also the physically and mentally deranged. 8. Manifestation. Marginalization is manifested in various forms ranging from blatant to subtle. Subtle forms of marginalization would be selective hiring in industry, or discrimination in employment on the basis of religion, origin, sexual orientation, or on medical grounds. More blatant forms would be targeting the groups, violence or harsh criticism; the spreading of hatred and xenophobia, and so on. 9. Marginalization in Pakistan In Pakistan the tribal customs and corporate culture, electoral politics, jirga justice and modern law all breathe and survive in the same space. No wonder then that Pakistan seems to be a civilization that is coming apart in reality. The brunt of all these diverse existences is however, borne by the weak and the marginalized sections like women, secluded and depoliticized half of the country’s population. Important sections of the growing marginalization are discussed below: m. Minorities. Pakistan has been vacillating between the two extremes of a liberal Muslim state and a theocratic state. Reactionary violence, against minorities in response to events occurring outside Pakistan. 1) Christians. According to census of 1998, Christians, are the second largest religious minority with 1.5% of the population in Pakistan (unofficially 3.5%); 80,000 are working in brick kilns. Seven Christian were burnt alive and seven churches were destroyed during 2008-09. 2) Hindus. Total population of Hindus is 3.7 Million mostly in Sindh. A Hindu village in Nowshera was attacked in 2005. 3) Ahmadis. Declared as Non-Muslims, through a constitutional amendment in 1974, Pakistan Penal Code prohibits Ahmadis from describing themselves as Muslims, their call to prayer as “Azan” or their place of worship as a “mosque”. The Ahmadis have chosen not to participate in politics, though they have been placed on separate electoral list. 88 Ahmadis have been killed since 1984. 4) Parsis (Zarthustis). 1017 living in Pakistan mostly in Karachi. 5) Sikh. Population 12,000 in Pakistan n. Women. The crimes against women continue unabated. According to Human Rights Commission Report for 2008, in Pakistan the crimes against women during the year included 612 cases of honour killing, 598 murders, 808 cases of sexual violence, 137 cases of domestic violence, 138 of burning and 228 of kidnapping. Discrimination/crimes against women include following:- 1) Honor killing and trafficking of women. 2) Rape, Stripping of women in public and crimes relate to sexual abuse 3) Domestic violence and female infanticide - widow remarriage. 4) Discrimination in employment on account of gender. 5) Barring women from voting or contesting elections in rural areas. 6) Denial of the right of marriage like marriage to Quran etc, o. Others. Different shades of other marginalized sections of the society that are not recognized by the state in their correct intensity are:- (a) BONDED LABOUR in agricultural Sindh (b) Brick kilns all over the country (c) Carpet weaving industry (d) The marginalization of the” honest.” 10. Effects of Marginalization. Marginalization is such that it becomes more and more problematic, where no practical moves or measures are taken to contain or irradiate it. The effects of Marginalization are immense which inter alia include following:- p. Non utilization of marginalized population and consequent economic loss q. Rise in extremism and resultant communal violence r. Disintegration of society and division on multiple fault lines giving way external powers intervention. s. Loss of morals and ethics. ……………………………………………….. CONSTITUTIONAL GAURANTEES AND CAUSES OF FAILURE Minorities 11. Constitutional Guarantees. According to the Constitution of Pakistan, 1973 the minorities have right to profess, practice and propagate their religion (Article 20-a) and to establish, maintain and manage their religious institutions (Article 20-b). They shall not be compelled to pay any special tax the proceeds of which are to be spent on the propagation or maintenance of any religion other than their own (Article 21). In educational institutions, they shall not be required to receive religious instructions, or take part in any religious ceremony, if it relates to other religions (Article 22-1). There shall be no discrimination against any community in the granting of exemption or concession in relation to taxation (Article 22-2), no religious community shall be prevented from providing religious instruction for its pupils and no citizen shall be denied admission to any educational institution receiving aid from public revenues on the ground only of race, religion, caste or place of birth (Article 22-3). In respect of access to places of public entertainment or resort, there shall be no discrimination against any citizen on the ground only of race, religion, caste, (Article 26). With regard to appointment in the service of Pakistan, there shall be no discrimination in respect of appointments on ground only of race, religion, caste, (Article 27). Constitution also assures that state shall safeguard legitimate rights / interests of minorities including representation in the Federal / provincial service (Article 36). 12. Government Efforts t. The Minorities Wing of former Ministry of Minorities, Culture, Sports, Tourism and Youth Affairs was upgraded as a full-fledged Ministry in September 2004. The functions entrusted to the Ministry are at Annexure B. u. Government of Pakistan allocates a special fund for the minorities. Two parts of the fund are i) Special Fund for Uplift of Minorities (Development Schemes) and ii) Special Fund for Welfare of Minorities (Scholarship). v. “National Cultural Award Scheme” has been introduced for promotion and preservation of minorities culture since 1976 which awards cash prizes to eminent persons from minorities. w. A high-powered National Commission for Minorities under Minister for Minorities Affairs was formed to protect and safeguard religious, social and cultural rights of the minorities. 13. Problems faced by Minorities x. Blasphemy Law. In 1986 an old blasphemy law was modified and reinforced. The law requires a life imprisonment or a death sentence for anyone who defiles the name of the Holy Prophet (peace be upon him) or committed any other blasphemy. Initially most of the accused were Christians. However, in the last 23 years i.e. since 1986, their ratio has been only 13%, Hindus being 1 % Ahmadis 37% and Muslims 49%. Nonetheless, there is a feeling among some circles that this law is being used in Pakistan to discriminate against religious minorities. y. Separate Electorate. The minorities were against separate electorate introduced by the Zia government. However, during Musharraf regime, they have been granted the right to participate in joint electorate while also having reserved seats. z. Curriculum. There has been a demand from minorities that teaching religion should be the responsibility of families and respective seminaries and religion should not be a compulsory subject at schools / colleges. However, this does not affect them as Islamic studies or Islamiat is not compulsory for non-muslims {. Extremism. Perhaps the greatest challenge faced by minorities in Pakistan is extremism and intolerance. Nonetheless this problem affects muslims as well in the form of sectarianism. 14. Motives. Some times the blasphemy laws are misused due to ulterior motives. For example: |. To settle old scores or to intimidate others. }. Extort property of those accused. ~. Minority communities have identified foreign hand behind certain such incidents. . Some minorities’ leaders seek advantage from religious discord. Women 15. Constitutional Guarantees. According to the Constitution of Pakistan, 1973, all citizens are equal before law and there shall be no discrimination on the basis of sex alone (Article 25), steps shall be taken to ensure full participation of women in all spheres of national life (Article 34). Moreover, the State shall make provision for securing just and humane conditions of work, ensuring that children and women are not employed in vocations unsuited to their age or sex, and for maternity benefits for women in employment (Article 37-e). The State shall also secure the well being of the people, irrespective of sex, … (Article 38). 16. Pakistan Penal Code (1860). Pakistan Penal Code (PPC) provides the basis for the general moral conduct of society vide clauses No. 294 (obscene acts & songs), 339 (wrongful restraint), 340 (wrongful confinement), 341 (punishment & wrongful confinement), 349 (force), 350 (illustration) with specifically addressing issues relevant to the protection of women vide 350-f (Intentional push and intentional pulls of a woman's veil), 351 (illustration) (f) - Assault, 354 (assault or criminal force… to outrage her modesty), 354-A (Assault or use of criminal force… stripping her of her clothes) 499 (defamation), 503 (criminal Intimidation), 508 (Act caused by inducing person… an object of Divine displeasure) and 509 (words, gesture or act intended to insult the modesty of women). 17. Problems Faced by Women. Although the Constitution prohibits any discrimination on the basis of sex, unfortunately, culture plays a more dominant role in our society. Important factors in this regard are enumerated below:- . Religious Extremism. The religious extremism or Talibanized interpretation of Islam remains a major impediment in grant of due rights to women. The rigid ulema insist on their own interpretation of religion and want to impose it on society through coercion. It is this mindset that leads to destruction of girls’ schools and attacks on places of worship. . Lack of Education and Economic Dependence. In Pakistan the female literacy rate is 42% as compared to 67% in male. Women remain extremely vulnerable against adversity due to lack of education, awareness of their own rights, and most importantly severe economic dependence. . Socio-Cultural Paradigm. The issues of gender equality are influenced by the existing socio-cultural paradigm governing the society. Parallel tribal legal systems such as the prohibited Jirga and Panchayat courts continue to make uncivilized decisions that mostly oppress women. Such decisions lead to marriages of minor girls to men of rival factions as compensation. It is in the same environment that bars women from voting in elections. . Hudood Ordinance. The controversies in Hudood Ordinance were addressed by Women Protection Bill. Women Rights Organizations feel that it this is only a first step in the right direction. . Law of Qisas and Diyat. Under the Law of Qisas and Diyat, Qisas is unavailable as a remedy under 306 and 307 of the PPC when an heir of the victim is direct descendant of the offender. Since the perpetrators of honour killings are mostly the predecessors of victims, law of Qisas is not applicable and is typically waived when sibling or close relatives are offenders. (Annex-C) . Common Law Mitigation Doctrine of Provocation. This law too is applied by the courts to give protection to perpetrators of honour killings (Details at Annexure D) and needs to be looked into by legal experts. . Legal Inadequacies Specific to Police & Shortcomings of CrPC. Loopholes and inadequacies in the legislative framework are greatly responsible for the apathy exhibited by police with regard to violence against women (Details at Annexure E). Absence of clear guidelines in CrPC for police action in honour killing also negatively impacts on control and deterrence of this crime. Their mode of action or inaction is haphazard and arbitrary. (Details at Annexure F). . Inadequacies in Rules and Regulations. Summary rejection of complaints, refusal to register FIR, altering the facts of the case when bribed by offenders, lack of adequate training to deal with domestic violence and attitudinal problems, are legislative and administrative failing (Details at Annexure G). 18. Pakistan’s International Commitments. Pakistan has signed and ratified . The Convention on Elimination of Discrimination against Women (CEDAW). . The Convention on the Rights of the Child, (CRC) and . International Covenant on Economic, Social and Cultural Rights (ESCR). Other Marginalized Groups (OMGs). The marginalized sections of the society, other than minorities and women, have been already discussed. 19. Constitutional Guarantees. According to the Constitution, the State shall ensure elimination of all forms of exploitation and the gradual fulfillment of the fundamental principle, from each according to his ability, to each according to his work. (Article 3), all forms of forced labour and traffic in human beings are prohibited, no child below the age of fourteen years shall be engaged in any factory or mine and no compulsory service shall be of a cruel nature or incompatible with human dignity (Article 11), the State shall promote with special care the educational and economic interests of backward classes or areas, remove illiteracy and provide free and compulsory secondary education within minimum possible period, .....(Article 37). Moreover, the State shall secure the well-being of the people, irrespective of sex, caste, creed or race, by raising their standard of living, by preventing the concentration of wealth and means of production and distribution in the hands of a few to the detriment of general interest and by ensuring equitable adjustment of rights between employers and employees, and landlords and tenants; … (Article 38.) 20. Problems Faced by Other Marginalized Groups (OMGs). Despite constitutional guarantees mentioned above, the marginalized sections of our society face a horrible situation. Bonded labour, peasants, kiln labour, carpet weavers, etc live like slaves. They have no rights, no property, no respect and no facility. They are marginalized economically, socially and culturally. There are few NGOs to raise voice in their favour, few laws to improve their situation and few people to agitate for their rights. There is a need to realize their plight and do something for these deprived and down trodden. Major reason for such crimes is large land holdings depriving the poor of their share in national wealth. Annexure A Incidents Against Marginalized Sections of the Society Category of crime | Punjab | Sindh | NWFP | Baluchistan | Islamabad | Total Numberof cases | % of cases of the total | Abduction | 1403 | 160 | 71 | 52 | 76 | 1762 | 22.79% | Murder | 690 | 288 | 404 | 115 | 19 | 1516 | 19.60% | Hurt and body….. injury | 279 | 97 | 193 | 264 | 11 | 844 | 10.91% | Suicide | 349 | 144 | 60 | 18 | 8 | 579 | 7.49% | ‘Honour’ killing | 91 | 220 | 32 | 127 | 2 | 472 | 6.10% | Rape | 316 | 80 | 28 | 10 | 5 | 439 | 5.68% | Gang-rape | 248 | 50 | 1 | 3 | 5 | 307 | 3.97% | Domestic violence | 67 | 98 | 113 | 34 | 8 | 320 | 4.14% | Torture | 273 | | 3 | 8 | 16 | 300 | 3.88% | Attempted suicide | 105 | 34 | 6 | 52 | 1 | 198 | 2.56% | Sexual assault | 128 | 40 | 12 | 3 | 4 | 187 | 2.42% | Attempt to murder | 29 | 42 | 5 | 45 | 2 | 123 | 1.59% | Threat to violence | 49 | 2 | | | 19 | 70 | 0.91% | Custodial violence | 43 | 69 | | | 5 | 117 | 1.51% | Burning | 31 | 11 | 1 | 12 | 1 | 56 | | Vanni | 15 | 7 | 3 | | | 25 | 0.32% | Throwing | 19 | 3 | | | 2 | 24 | | Misc nature | 394 | | | | | 394 | 3.80% | Total | 4529 | 1345 | 932 | 743 | 184 | 7733 | | Annexure B Functions of the Ministry for Minority Affairs The Ministry for Minority Affairs has been entrusted with the following functions: a. Safeguarding the rights of minorities. b. Promotion of welfare of minorities. c. Protection of minorities against discrimination. d. Representation of Pakistan in international bodies and conferences relating to minorities, including U.N. Sub-Commission on Prevention of Discrimination to Minorities. e. International Agreements and commitments in respect of minorities and their implementation. f. All other matters relating to minorities. g. Evacuee Trust Property Board. h. Policy and legislation with regard to evacuee trust property. Annexure C The Impact of the Law of Qisas and Diyat on Honour Killings 1. These laws were brought into force initially by the passage of the Criminal Laws Ordinance of 1990 (Second Amendment), and subsequently when the aforementioned Ordinance was re-enacted as the Criminal Laws (Qisas and Diyat) Act 1997. Under Islamic Law Qisas provides the bereaved family the option of prescribing the punishment for the offender, which is subsequently enforced by the law enforcement agencies. Diyat is blood money that is available to the victim’s heirs if they choose to forgo punishment to the offender. Under section 302 (a) of the Pakistan Penal Code (PPC), a person who commits deliberate murder (Qatl-e-Amd) can be punished with death through Qisas. 2. However, Qisas is unavailable as a remedy under 306 and 307 of the PPC when a heir of the victim is direct descendant of the offender, or the offender is the predecessor of any heirs of the victim, or when any heir of the victim waives the right of Qisas. Since the perpetrators of honour killings in Pakistan are mostly the predecessors, siblings or other close relatives of the victim, the law of Qisas is not applicable to them. Qisas is typically waived when sibling or close relatives are the offenders. 3. When Qisas is inapplicable due to waiver, the court can, utilizing 311 of the PPC, impose a jail sentence of up to 14 years, under the principal of Fasad-fil-Arz (Disruption in Society). However, it is general court practice in Pakistan that once the heir s of the victim have waived their right to Qisas, the courts are hesitant to impose the aforementioned sentence and the offender goes unpunished. When Qisas is inapplicable due to reason apart from waiver, then 311of the PPC is also inapplicable. However under 302(b) & (c) of the PPC, once Qisas is inapplicable, then the appropriate court has complete jurisdiction to punish the offender under the process called Tazir where a person committing a murder can theoretically be awarded a sentence of life imprisonment or even death, depending on the circumstances. 4. Tazir punishment can be compounded, under 345(2)of the Criminal Procedure Code (CrPR), with the court’s permission and consent of all the heirs of the victim as was ruled in Muhammad Arshad Alias Pappu Vs Additional Sessions Judge Lahore (2003 Supreme Court Case No. 003S87). Once Tazir has been compounded, the court must acquit the offender under 345(6) of the Code of Criminal Procedure. In most cases where Tazir is implicated, offenders are relatives of the Victim, and the heirs of the victim are themselves related to offender, so they tend to forgive him. Once all the heirs have forgiven the offender the courts also tend to acquiesce. This perhaps may be because the judiciary, influenced by indigenous culture, believes that cries involving a family, even murder are matters to be handled by the involved family itself. Annexure D The Common Law Mitigation Doctrine of Provocation 1. Under common law, courts tend to decrease the severity of the punishment if the offender has faced certain extenuating circumstances, amounting to ‘grave and sudden provocation”. This mitigation principle, when applied by the courts in Pakistan, is in some cases debatable. In such cases the judiciary sometimes concludes that because of the theocratic, tribal and feudal setting of Pakistan. Women are considered by men as objects of family pride and honour, When such women are perceived to be the source of dishonor, irrespective of the fact that they may not have acted voluntarily, or that they acted in accordance with their constitutional rights, the offenders become legally temporarily insane, because they are blinded by incontrollable anger when they commit such crimes of passion or honour killings. Annexure E Legal Inadequacies Specific to Police 1. Loopholes and inadequacies in the legislative framework are greatly responsible for the apathy exhibited by the police with regard to honour killings and violence against women. Under the Criminal Procedure Code (CrPC), in case of all cognizable crimes, a police officer may arrest without warrant. Under the schedule 2 of the CrPC, both Murder and Hurt are classified as cognizable and non-bailable crimes, whereas Assault is classified as a non-cognizable crime, and therefore is non-bailable and requires a police officer to have a warrant before making an arrest. Section149 and the following sections of the CrPC delineate police powers for preventing the commission of cognizable offences. Under 150 of the CrPC, it is the duty of a police officer to immediately relay any information that he has relating to a design to commit a cognizable offence, to his superiors and if the commission of the offence materializes during the course of such transfer of information, then to arrest the offender. 2. Under 154 of the CrPC information received by a police officer, which can be provided orally by the complainant, relating to the commission of or committed cognizable offence must eventually be written down by the authorized police officer. After it is signed by the complainant it must be entered into the police records. The recording of such information is a constitutional right of a complainant and is known as First Information Report (FIR). An FIR does not have to include minute’s details of the offense. Any person can lodge an FIR, but when the allegations of a complainant appear prima facia false. The police can refuse to lodge an FIR. Subsequent to the recording of an FIR, it is the duty of the police register a case and carries out investigation. Under 157 of the CrPC, if it is reasonable to gauge form the information contained in the FIR to send a report to the magistrate and commence investigations and if necessary to arrest the offender, Under the law, if the police are of the view that there are sufficient grounds to carry on investigations, they must inform the complaint. Annexure F The Pragmatic Shortcomings of CrPC 1. Honour killing is murder, and a failed attempt to kill in the name of honour which result in injury to an individual; both these crimes are cognizable. When a complainant registers an FIR pertaining to honour killing with the police, the police under the law have the sole discretion to determine whether the case merits further investigations. The police in the absence of any guidelines, lack the ability to recognize cases where honour killing is imminent. In some cases, the police collaborate with the offenders, and they can outright refuse to conduct investigations with impunity since they have sole discretionary powers. 2. The absence of clear guidelines for police action in honour killing cases has impacted negatively on control and deterrence of this crime. Their mode of action or inaction is haphazard and arbitrary, and depends solely on their own judgment and convenience. Only in a case where the allegations of a complainant appear prima facie false, can the police refuse to lodge an FIR. However there is no legislatively ordained procedure to determine whether a complainant’s claim is genuinely prima facie false. As the FIR is an inalienable right of a citizen, it is required that such information should be confirmed to be ‘extremely unlikely’ before an FIR is refused on the grounds that the information is prima facie false. In practice the police frequently manipulate this provision of the law and refuse to register an FIR, either because of ulterior motives or through ignorance . 3. In addition, all FIRs have to be signed by the complainant and cannot be made via telephone. Though the police can initiate an investigation without an FIR, the police seldom do this. In the context of Pakistan‘s socio-economic set-up this inalienable right to lodge an FIR is seldom practiced by women who are susceptible to honour killing. The reason is that vulnerable women understand that by going to the police station, they comprise their safety and disclose their whereabouts to those who are after their life. 4. Under 155 of the CrPC a police officer, even after making an FIR, cannot investigate a non-cognizable (assault) offence unless he has an order of the magistrate, which involves a time lag. Although assault on women is not as culpable an offence as honour killing, it is generally an impetus to honour killings. Therefore, an efficient and prompt legislatively accorded system of assistance for such assault victims must be put in place to pre-empt honour killings. This would include abolition of the precondition of a magisterial order when assaulted women are involved, in addition to provision of protection and a safe haven to such women. Annexure G Inadequacies in Administrative Rules and Regulations 1. As an administrative enforcement agency, the police also have the prerogative to set up a paradigm in place for their own efficient functionality. Such functionality is dependent upon both procedural and substantive steps and inclusion of administrative rules and regulations. An illustration will advance this argument. If a police officer does not register an FIR and no information is entered into the police register, there is no police rule, which provides notice to the district magistrate for police action for purpose of overview. This lack of scrutiny can be viewed both as a legislative as well as an administrative (police) failing. 2. In fact some officers recording FIRs can alter the facts of the case when bribed by offenders since most of the time the victims are illiterate and do not even know. The Pakistani police force is not adequately trained to deal with cases of domestic violence and honour killings, and sometimes they have an attitudinal problem. The NGO Human Rights Watch states ‘Summary rejection of their complaints without investigation is the most common problem encountered by women victims of violence at the police station’. Police regulations must be put in place to ensure that the police are trained not only to sympathize with the victims but also to provide medical and psychological assistance. 3. In 1996, women’s police stations were established to encourage women victims to approach the police to address the problem of violence against women. These police stations are few in number and it is unfortunate that women police officers, recruited under this scheme, are also not properly trained and lack powers to register cases brought before them. The police infrastructure does not monitor for misuse of power by the police in the radical ways as well. Although it is not in their jurisdiction, police officers often assume the role of mediators and try to coerce parties to resolve their dispute through arbitration or Sullah Nama (agreement of reconciliation). According to Farzana Mumtaz, (an NGO worker), ‘the self appointed counselor role assumed by the police serves as a serious barrier to battered women seeking safety and justice’. 4. In 2002, via a Presidential (Executive) Order, the Police Order of 2002 was promulgated, Under 97 and 103of this order, federal and provincial complaint cells were to be established through which complaint of misuse of power could be made against members of the federal and provincial law enforcement agencies (police). However, till date there has been no real check on the affairs and working of the policy and no regulatory body has been established through which a complaint can be effectively lodged against the misconduct of the police. In addition, even though under 35 of the Police Order 2002 any Zila Nazim(a government functionary) has the legal authority to direct the head of his district’s police, to take remedial measures, make appropriate inquiries and submit a final inquiry report within 45 days with regards to complaints halleging police negligence, in practice such power is never exercised. -------------------------------------------- [ 2 ]. International Consultative Forum on Education for All (EFA Forum), UNESCO, Status and Trends, 2000. [ 3 ]. ibid [ 4 ]. Coined in 1883 by Sir Francis Galton [ 5 ]. Iris Marion Young, Study of Justice. [ 6 ]. Blasphemy Laws and the Persecution of Minorities in Pakistan by Benedict Rogers, Christian Solidarity Worldwide (http://religioncompass.wordpress.com) [ 7 ]. Press release No. 2009-0334-en-ap-RV dated 27 October 2009 issued by Archbishop of Lahore conveying Joint Stand of the Churches in Pakistan