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Aurat March 2023

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SHC rejects plea to ban Aurat March, slaps fine on petitioner​

Court terms petition an attempt to seek publicity

News Desk
March 06, 2023


citizen s protesting during the aurat march on march 8 in karachi


Citizens' protesting during the Aurat March on March 8, in Karachi.

The Sindh High Court (SHC) on Monday rejected a petition seeking a ban on the Aurat March, a rally to raise awareness on women’s rights set to take place in Karachi on March 16.

According to Express News, the petitioner, Bisma Noreen alias Ameer Jahan, stated that the Aurat March should be banned as slogans raised by the rally participants “are against the values of Pakistani society”.

After hearing initial arguments, the court observed that there was nothing objectionable in the slogans highlighted by the petitioner, adding that the Constitution of Pakistan grants freedom of movement to all citizens.

Rejecting the petition to ban the Aurat March, the court imposed a fine of Rs25,000 on the petitioner. The court also ordered that the petitioner’s national identity card (NIC) be blocked by NADRA in case of non-payment of fine.

The provincial top court remarked that the petition was an attempt to seek publicity as no substantial argument was presented by the petitioner against the Aurat March. Moreover, the court said the petitioner was not an aggrieved party in the case.

The Aurat March was held for the first time in Karachi, Hyderabad, Islamabad, Peshawar, Quetta, and Lahore in 2018 to mark the International Women’s Day, a universally celebrated day to raise awareness about women’s rights.

It has since then been organised entirely by citizens working voluntarily, as the Aurat March does not partner with non-governmental organisations (NGOs), political parties, or corporations.

The event gradually evolved into a social movement with women and transgender people from all spheres of life joining hands to work for women and trans rights. Lawyers, doctors, artists, engineers, homemakers, trade union activists and students have all joined the annual event.
 
Lahore ....

Plea challenges DC’s refusal to allow Aurat March​

Petitioners request court to set aside order

Rana Yasif
March 05, 2023


A writ petition was filed in the Lahore High Court on Saturday (LHC) challenging an order of the deputy commissioner (DC) of Lahore, Rafia Haider, in which she declined to give permission for Aurat March in the provincial capital on March 8.

The petition was filed by Khawar Mumtaz, Leena Ghani and Hiba Akbar in which the deputy commissioner Lahore, the government of Punjab through its chief secretary, and capital city police officer (CCPO) Lahore were made respondents.

The petitioners implored the court that the impugned order is “arbitrary and colourable exercise of power and is in clear violation of the fundamental rights guaranteed in the Constitution of the Islamic Republic of Pakistan”.

Requesting the court to strike down the deputy commissioner’s order, the petition added that the order “not limited to the right to assembly, freedom of speech as well as the right to non-discrimination and to be treated in accordance with law as guaranteed in Articles 15, 16, 17, 19 and 25 respectively”.

The Aurat March was held for the first time in Karachi, Hyderabad, Islamabad, Peshawar, Quetta and Lahore in 2018 to mark International Women’s Day, a universally celebrated day to raise awareness about women’s rights.

It is run entirely by citizens working voluntarily, as the Aurat March does not partner with non-governmental organisations (NGOs), political parties or corporations.

The event gradually evolved into a social movement with women and transgender people from all spheres of life joining hands to work for women and trans rights. Lawyers, doctors, artists, engineers, homemakers, trade union activists and students have all joined the annual event.

Published in The Express Tribune, March 5th, 2023.
 
Rejecting the petition to ban the Aurat March, the court imposed a fine of Rs25,000 on the petitioner. The court also ordered that the petitioner’s national identity card (NIC) be blocked by NADRA in case of non-payment of fine.

What the hell!!

The Sindhudesh court has gone bonkers. This is against every form of civil rights in Pakistan.
 
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Aurat March organisers, Lahore DC agree on route for march after high court’s orders

Rana Bilal
March 7, 2023

Lahore Deputy Commissioner (DC) Rafia Haider and organisers of the Aurat March on Tuesday agreed on a route for the March 8 rally after the Lahore High Court (LHC) told the two parties to sit down together and decide the matter.

Earlier today, the LHC — while hearing a plea challenging the district administration’s decision to not issue a no-objection certificate (NOC) for the rally — had asked the Aurat March organisers and the DC to sit together and finalise the location for the March 8 rally by 2pm.

Subsequently, the two parties informed the court that the march would be held from the Nadra Office, Shimla Pahari to Faletti’s Hotel. The court was also told that the march would be held between 2pm and 6pm.

LHC hearing​

The Aurat March organising committee had last month requested a NOC from the district administration to hold a rally on March 8 at Nasser Bagh, Lahore, followed by a march around the perimeter of the park.

However, DC Haider had rejected the plea citing “the current security scenario, threat alerts, and law and order situation, and in light of activities like controversial cards and banners for awareness of women’s rights and the strong reservation of the general public and religious organizations, especially JI’s (Jamaat-i-Islami) women’s and student wings, who had also announced a programme against the Aurat March.”

Subsequently, Aurat March organisers had submitted a petition to the LHC, under Article 199 (jurisdiction of high court) of the Constitution, with DC Haider, the Punjab government, Lahore’s capital city police officer and National Commission for Human Rights Punjab member Nadeem Ashraf as respondents.

During the previous proceedings, Justice Anwar Hussain had summoned DC Haider and Security Senior Superintendent of Police (SSP) Dost Muhammad in court on March 7.

As the hearing resumed today, the judge remarked that these matters were brought to court every time.

Meanwhile, the DC told the court that during a meeting of the District Intelligence Committee, it had emerged that the law and order situation in Lahore was not good.

She went on to say that this year Aurat March organiser had submitted a request to hold the rally at Nasser Bagh.

“PSL (Pakistan Super League) matches are also underway in the city because of which there is always movement of players and security is required,” she said.

Even in the second intelligence committee meeting, the official added, it was concluded that the security situation in Lahore was not good.

On the other hand, the public prosecutor suggested that the march could be held outside the Lahore Press Club.

“Then why are rallies and processions being held in the city?” Justice Hussain asked here. “When a political leader appears, the police become active.”

At that, the DC responded that a clash had taken place during last year’s Aurat March.

However, the judge interjected that the district administration could not stop the organiser from holding a rally in the city and declared the DC’s notification of not allowing the rally as invalid.

The court also observed that it was the responsibility of the administration to maintain peace and order. “At the same time, the Aurat March should also ensure that there is no chaos at the rally.”

Justice Hussain remarked that when political parties held rallies, they too sat with the district administration. He then instructed Aurat March organisers to sit with the administration, finalise the venue for the rally and inform the court by 2pm.

Subsequently, the hearing was adjourned.

The petition​

The Aurat March petition requested that the LHC set aside the DC’s order for being “arbitrary, discriminatory and ultra vires” of various constitutional articles, adding that its operation should also be suspended till adjudication on the plea.

It requested that the respondents be “directed to fully facilitate the petitioners and all the women of Lahore to peacefully participate in the Aurat March being organised at Nasir Bagh”.

The plea argued that the DC’s order was “arbitrary and colourable exercise of power and is in clear violation of the fundamental rights guaranteed in the Constitution […] The impugned order is, thus, liable to be struck down”.

It added that the petitioners had met DC Haider and explained the plan for the march in a meeting during which she “did not raise any serious objection and did not even hint at the possibility that the Aurat March would not be allowed to be held”.

“It was only on March 3, three days later when the petitioners received the impugned order which put a blanket ban on holding a lawful assembly. A bare reading of the impugned order … demonstrates that the order has been passed not just in an arbitrary and wholly unfair manner but also that there is a terribly prejudiced mind of a state functionary at work against human rights campaigners.

Regarding the security concerns and the JI’s planned march, the petitioners said they had requested the DC to facilitate them by ensuring security in holding the Aurat March, which would be confined within Nasir Bagh’s boundaries for the most part on March 8.

“The mala fides on part of the respondent no.1 in the impugned order is too obvious to escape as it clearly implies that while certain other groups, who according to respondent no.1 [DC Haider] herself are maliciously motivated against the women’s rights groups especially the Aurat March, will be allowed and facilitated in holding their rallies and marches, the petitioners are totally barred from holding any such event.

“It is brought to the kind attention of this honourable court that the petitioners had in their letter requested for the respondent’s support in the form of provision of security arrangements for an event around the theme of International Women’s Day which is celebrated across the globe not just in Pakistan. This is a perfectly legitimate request which the state institutions are under a constitutional and legal obligation to respond positively rather than exercising executive power in a colourable fashion,” the petition argued.

Citing prior case law and legal proceedings regarding the Aurat March, the petitioner said the respondents “have a history of creating hurdles in the peaceful and lawful activity of Aurat March which takes place just once every year”.

It added that the “arbitrary manner” in which DC Haider had responded to Aurat March’s request demonstrated the “complete inability of state functionaries” to ensure the effective implementation of fundamental rights.

“The ‘right to assemble peacefully and without arms’ is subject to any reasonable restrictions imposed by law in the interest of public order. The restrictions imposed must, however, be reasonable, and it is for the court to decide in each case whether the restrictions are reasonable or otherwise. The blanket prohibition as in the impugned order cannot be imposed by respondent no.1.

“The impugned order makes it clear that certain groups have the freedom to enjoy their rights to assembly and free speech and be treated preferentially. But, the petitioners won’t be allowed to enjoy their fundamental rights without any cogent reasons. This is an outrightly discriminatory exercise of executive authority by the administration of Lahore District led by respondent no.1 which makes the impugned order liable to be struck down,” the petition explained.
 
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Tracing how the Pakistani woman is able to march today

On this International Women’s Day, we explore the history of major women-led movements in Pakistan.

Wara Irfan

Women in South Asia have been fighting for their rights for eons. Whether it is by demonstrating resistance to British colonial powers or participating in the struggle for an independent state, women have always given their all. However, despite their countless efforts and achievements, mainstream history books often overlook women’s movements, treating them as a mere afterthought.

On this International Women’s Day, Images traces the history of major women-led movements in Pakistan that have allowed women in the country to receive an education, go out to work, and even march in the Aurat March today.

As the great literary, feminist and civil rights activist Audre Lorde once said, “I am not free while any woman is unfree, even when her shackles are very different from my own.” The gendered struggle continues to this day.

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Years leading up to Pakistan

Prior to the creation of Pakistan, the dominant streams of conflict in the sub-continent focused on forcing the colonial powers out of India and gaining independence. For the pro-Muslim League population, it was important that a decision be made on a separate nation-state comprising Muslim-majority provinces and areas. On the other side were the unionists, who agreed that colonial rulers must leave but India must remain a single entity.

In the foreground emerged one of the early nationalist movements where women played a vital role in the creation of an autonomous state of Pakistan.

 Women leaders of the Muslim League are released from Punjab Jail in March 1947. — Courtesy: Lahore Museum Archives


Women leaders of the Muslim League are released from Punjab Jail in March 1947. — Courtesy: Lahore Museum Archives

The years 1946-47 saw mass women’s participation in pro-Muslim league demonstrations against unionist governments, such as that of Malik Khizar Hayar Tiwana. Tiwana was the last premier of pre-partitioned Punjab.

Women participated in great numbers in anti-Khizar movements. Similarly, women’s mobilisation in the anti-Khan Sahib Congress ministry demonstrations in the North-West Frontier (now Khyber Pakhtunkhwa) led the British governor of the province to declare upon seeing crowds of burqa-clad women that “Pakistan is made”.

Pakistan is born

In 1947, when Pakistan came into being, the newly formed country faced one of the biggest refugee crises in the world. Estimates range that more than 10 million people were displaced after Partition.

 Fatima Jinnah with her brother, Muhammed Ali Jinnah. — Courtesy: Citizens Archive of Pakistan/File


Fatima Jinnah with her brother, Muhammed Ali Jinnah. — Courtesy: Citizens Archive of Pakistan/File

Fatima Jinnah set up a Women’s Relief Committee (WRF) that catered to refugees coming into Pakistan. Two years later, in 1949, the committee evolved into the All Pakistan Women’s Association (APWA) under Begum Ra’ana Liaquat Ali Khan as its founder.

Working alongside governments

APWA’s focus was on women’s social welfare, including girls’ education, health and income generation opportunities. Being an apolitical organisation, APWA worked with civilian and military governments to achieve its goals, such as building schools, colleges and health facilities for women.

 Begum Ra’ana Liaquat Ali Khan. — Photo: Dawn

Begum Ra’ana Liaquat Ali Khan. — Photo: Dawn

During APWA’s heyday, the Muslim Family Laws Ordinance (MFLO), 1961 was enacted. It was the first piece of legislation that set procedural limits on men’s rights to divorce their wives and allowed women to have child custody and maintenance rights.

“The MFLO did not come out of the blue,” former chairperson of the National Commission on the Status of Women (NCSW) Khawar Mumtaz told in an earlier interview. “Women, under the banner of United Front for Women’s Rights that included members of APWA, came out to protest the second marriage of then prime minister Mohammed Ali Bogra. They demanded that family laws be codified, and second marriage be banned or at least restricted. That is what led to the formation of a commission headed by Justice Mian Abdur Rasheed which drafted the MFLO.”

During the 60s and 70s, more laws and policies came about, albeit rather dispersed and gradual, but progress was being made. The 1973 Constitution, which was accepted unanimously by parliament, declared that under the law, women were equal to men. This opened gates for women to enter the civil services and join the public and private sectors of the workforce.

Here comes Zia

That moderate progress made was brought to a halt during military dictator Gen Zia ul Haq’s era. Overnight, female announcers and newscasters were ordered to appear on television with their heads covered and in full-sleeved attire. The dictator imposed many sexist policies perpetuating misogyny under the guise of morality. In 1979, the Hudood Ordinances were passed during his ‘Islamisation’ campaign.

As part of the ordinances, the nature of the offence of zina (extra-marital sex) was changed from a crime against the husband to being a crime against the state. It also conflated rape with adultery, therefore systemically oppressing and abusing women victims of sexual assault.

 Public floggings became a common sight during General Zia’s reign, especially in its early years — Photo: Dawn / White Star Archives

Public floggings became a common sight during General Zia’s reign, especially in its early years — Photo: Dawn / White Star Archives

The repercussions of this draconian legislature showed two years later when the Fehmida and Allah Bux vs The State case was heard. A consenting and married couple was sentenced by the court for adultery under the Hudood Ordinance because the father of Fehmida filed a case of abduction against Allah Bux. The couple should have been penalised for not registering their nikkah-nama with the Union Council, instead, they were convicted for abduction and adultery. Allah Bux was sentenced to death by stoning, and Fehmida, then a minor, was awarded 100 stripes in public.

The implication of the case was simple — if a woman decided to marry of her own choice, she could be punished by her family and the state under the law.

Rights aren’t given, they must be taken

This is around the time the Women Action Front (WAF) or Khawateen Mahaz-e-Amal emerged. It started as a group of women from Karachi who succeeded in getting 7,000 signatures to dismiss the case. Their protests, along with that of other women’s groups, proved to be instrumental and the couple, after a retrial, was acquitted.

Zohra Yusuf, former chairperson Human Rights Commission of Pakistan (HRCP), once narrated to Dawn the day WAF was created on September 16, 1981 at the home of Aban Marker, a co-founder of Shirkat Gah, when they received the news of the couple being sentenced. “There were about 25 to 30 women at the first meeting. There was a lot of passion, the mood was very angry and we were all determined to do something.”

Anis Haroon, a member of the National Commission for Human Rights and former chairperson NCSW, said, “Unlike the older women of APWA, for us, it was an issue of rights, and not welfare only. We believed that as long as the structure was the same, nothing would change.”

WAF was not afraid to take to the streets and demand women’s rights. They were a political and progressive group of activists that would often get beaten and jailed. They shifted the focus from women’s welfare within the scope of their homes to their political and public emancipation.

The Law of Evidence, introduced under Gen Zia’s military regime, systemically discriminated against women and put hundreds of them behind bars based on false accusations by vindictive ex-spouses and resentful relatives.

On February 12, 1983, a group of 400 women and allies led by WAF and the Pakistan Women Lawyers’ Association (PWLA) was protesting against the Law of Evidence in Lahore when they were attacked with batons by the police, who launched tear gas shells at them.

 Sit-in on Hall Road against the law of evidence — Courtesy: LUMS archives


Sit-in on Hall Road against the law of evidence — Courtesy: LUMS archives


 Bushra Aitzaz, a human rights activist, was one of the women who were arrested — Courtesy: Aitzaz Ahsan Archives


Bushra Aitzaz, a human rights activist, was one of the women who were arrested — Courtesy: Aitzaz Ahsan Archives

The late poet Habib Jalib was also present and inspired the crowd with his poetry of resistance before he was beaten by the police.

 Habib Jalib’s fiery address to women protestors on Hall Road.  — Courtesy: LUMS archives


Habib Jalib’s fiery address to women protestors on Hall Road. — Courtesy: LUMS archives

This incident highlights the gravity of the violent backlash women’s activism faces, not just from other civilian groups but also from the state.

While in urban areas, women’s movements were being led by the WAF in the 1980s, in rural Sindh, emerged the Sindhiyani Tehreek (ST), a women’s movement that focused more on the issues of women in rural areas.

 The Sindhiyani Tehreek played a crucial role in mobilising rural Sindhi women for the Movement for the Restoration of Democracy — Courtesy: Sarmad Palijo via Twitter


The Sindhiyani Tehreek played a crucial role in mobilising rural Sindhi women for the Movement for the Restoration of Democracy — Courtesy: Sarmad Palijo via Twitter

ST was majorly comprised of peasant women from rural Sindh. It called for an end to feudalism and patriarchy, demanded federalism and provincial autonomy and fought to restore democracy in the 80s.

 Activists of Sindhyani Tehreek hold a march on the streets of Badin against the Kalabagh dam project. The banner reads: “the Kalabagh Dam is unacceptable” — Photo: Dawn


Activists of Sindhyani Tehreek hold a march on the streets of Badin against the Kalabagh dam project. The banner reads: “the Kalabagh Dam is unacceptable” — Photo: Dawn

During General Pervez Musharraf’s era, ST actively protested along with its parent marxist-leninist party, Awami Tehreek against the proposed Kalabagh dam construction.

Welcome to the 21st century

Pakistan welcomed the new century with another military dictatorship. However, this regime was not as harsh and discriminatory to women as the one before it.

Laws like the Women’s Protection Act in 2006 were introduced, which separated rape (zina bil jabr) from adultery/fornication (zina), moved them to the penal code and also made it difficult to abuse the zina provisions.

In 2018, the Aurat March emerged on the scene. The first march was held in Karachi on March 8, International Women’s Day. It demanded radical and progressive changes from the state in relation to the education, health and safety of marginalised groups.

 The first Aurat March took place on March 8 in Karachi. — Photo: Herald/File


The first Aurat March took place on March 8 in Karachi. — Photo: Herald/File

This manifestation of the women’s movement was unique in its execution as it did not shy away from talking about bodily autonomy and individual rights like its predecessors did.

“As far as personal rights are concerned, the younger generation has much more confidence and clarity,” Anis Haroon told Dawn in an earlier interview. “I remember in early WAF discussions for the platform’s charter some members weren’t comfortable with including a line about women having rights over their bodies, although eventually they agreed.”

Due to its unapologetic nature, the Aurat March faces immense controversy and backlash from both right-wing and religious political parties as well as people who misconstrue its intentions.

Since its first march in 2018, Aurat Marches have been taking place in most major cities across the country to celebrate Women’s Day every year.

Despite threats and intimidation, the Aurat March, much like its feminist predecessors, continues to remain steadfast in its demands for equal rights.
 
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Police officials involved in baton-charging Islamabad Aurat March have been suspended: Sanaullah

Dawn.com
March 8, 2023


<p>This image shows Islamabad police officials baton-charging Aurat March participants on Wednesday. — DawnNewsTV</p>


This image shows Islamabad police officials baton-charging Aurat March participants on Wednesday. — DawnNewsTV
Interior Minister Rana Sanaullah said on Wednesday that police personnel involved in baton-charging the participants of Aurat March — a public demonstration held annually in various cities to mark International Women’s Day — in Islamabad had been suspended.

Climate Change Minister Sherry Rehman also condemned the Islamabad police’s action against citizens participating in the march.

“The Islamabad police had no business baton-charging a small peaceful procession,” she tweeted after a video of a police official pushing a female participant back emerged online.

“It is the women holding laathis that need to be pushed back, not progressive women. Sad to see this happening. I will seek an inquiry,” she said.

In another tweet, she strongly condemned the violence, adding that she had sought an inquiry on the incident. “There is no excuse for this. That too on International Women’s Day. This is not what we fought for and will not tolerate it,” she said.

The minister added that the incident had been brought to the attention of the interior minister.

 
Would not surprise me if this incompetent police thought they were going after PTI protesters but hit the women's march instead.
 

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