Shariat Court Decision Anti Women and Undermines Judiciary in Pakistan

Joint Action Committee for People’s Rights

 131 E 1, Gulberg-III, Lahore – Pakistan

PRESS RELEASE

December 29, 2010

We, the members of the Joint Action Committee for People’s Rights Lahore (JAC) and Women’s Action Forum are deeply concerned by the Federal Shariat Court’s verdict on 22.12.2010, that declared four clauses (11, 25, 28 and 29) of the Women Protection Act 2006 as unconstitutional. While the clauses may appear to make no substantive difference to the law the implications will be far reaching as by striking down sections 11 and 28 the verdict insidiously reintroduces the over-riding effect of Zina and Qazaf Ordinances which the WPA had removed. It also confuses the issue of separation of rape from zina that the WPA had established. The verdict of the FSC will certainly cause confusion in the administration of criminal justice.

The FSC’s verdict is both political and anti- women. In order to expand its own dwindling powers and encroach upon the jurisdiction of the higher Judiciary as well as the powers of the Parliament the FSC has used WPA (and by extension women, the most vulnerable section of society) as the means to pursue its objective. This attempt by the FSC to extend its jurisdiction beyond that envisaged by the Constitution of Pakistan is evidence of the insecurity of FSC and their keenness to gain greater power and influence through subjective interpretation of the Constitution and law which on the face of it, is unreasonable, malafide and unjust.

The preoccupation of the FSC is with procedural requirement of the WPA or other legislative instrument. This has little or no nexus with the scope of the court whose jurisdiction is only to determine whether a law or the provisions of a law is repugnant to Islam.

This is unacceptable to us and is indeed contrary to the vision of Quaid –e-Azam Mohammad Ali Jinnah.

The Joint Action Committee and WAF urge the Federal government and all four provincial governments who are respondents to this petition to challenge the verdict and ensure that the administration of justice in our country does not deteriorate further and result in intensifying problems of the public in general and women in particular. We expect a show of courage and integrity from the governments.

WE DEMAND THAT ALL PARALLEL JUDICIAL SYSTEMS INCLUDING THE FEDERAL SHARIAT COURT AND THE COUNCIL OF ISLAMIC IDEOLOGY BE IMMEDIATELY ABOLISHED.

In case the governments do not come forward the civil society will play its legitimate and expected role in Pakistan.

Shahtaj Qizilbash, Convenor