Saturday, 22 November 2014

Salam: the scientist inspired by God

Daily Times

Although Salam’s contribution to science and human development were acclaimed globally, his motherland betrayed him

Yesterday, November 21, was the death anniversary of Dr Abdus Salam, the first Nobel Laureate of Pakistan and a man who lived a purposeful life to explore, theorise and predict the laws of nature. Though belonging to a select group of top scientists — a category of people for whom belief in God is not in fashion — Salam believed that the laws of nature and God are in harmony. Though his beliefs were prosecuted in his country, he drew inspiration for his research from the words of God and quoted extensively from the Holy Quran in the numerous addresses he delivered the world over. The believer that he was, his rich and busy life was an endless quest for symmetry that he pursued in the physical laws of the universe created not out of some random probability but by design. 
In his address at the Nobel banquet ceremony in 1979, he stated: “The creation of physics is the shared heritage of all mankind. East and west, north and south have equally participated in it. In the Holy Book of Islam, Allah says, ‘Thou seest not, in the creation of all-Merciful any imperfection, return thy gaze, seest thou any fissure. Then return thy gaze, again and again. Thy gaze, come back to you dazzled aweary.’ This in effect is the faith of all physicists, the deeper we seek, the more is our wonder excited, the more is the dazzlement for our gaze.”
Salam always wanted the developing world and the Muslim world to contribute their part in scientific development. An excerpt from his 1975 Book, Ideals and Realities, points to this agony: “It is good to recall that three centuries ago, around the year 1660, two of the greatest monuments of modern history were erected, one in the west and one in the east, St Paul’s Cathedral in London and the Taj Mahal in Agra. Between them, the two symbolise, perhaps better than words can describe, the comparative level of architectural technology, the comparative level of craftsmanship and the comparative level of affluence and sophistication the two cultures had attained at that epoch of history. But about the same time there was also created — and this time only in the west — a third monument, a monument still greater in its eventual import for humanity. This was Newton’s Principia, published in 1687. Newton’s work had no counterpart in the India of the Mughals.”
In the early 1960s, Salam proposed the setting up of the International Centre for Theoretical Physics (ICTP) in Pakistan. The proposal was rejected by Ayub Khan’s finance minister, as “an underhand attempt to set up an international five-star hotel for the entertainment of the elite of the world scientific community”! His home country threw away an invaluable opportunity that Italy seized and, in 1964, Salam founded in Trieste, Italy, the ICTP with a mandate to advance scientific expertise and skills in the developing world. 
While Salam’s prime motivation for research was, in his own words, “because of the underlying understanding it provides of the world around us of the immutable laws and of Allah’s design”, he wanted the Muslim world to contribute its share in scientific development to pay back the debt for the benefits they were deriving from the research of others. The paper titled, ‘The future of science in Islamic countries’ prepared by Salam for inclusion in a volume presented to the Islamic Summit held in Kuwait in January 1987 abounds with this desire. Salam says: “Why am I so passionately advocating our engaging in the enterprise of science and of creating scientific knowledge? This is not just because Allah has endowed us with the urge to know, this is not just because in the conditions of today this knowledge is power and science in application, the major instrument of material progress and meaningful defence; it is also that as self-respecting members of the international world community, we must discharge our responsibility and pay back our debt for the benefits we derive from the research stock of contempt for us — unspoken, but certainly there — of those who create knowledge.” 
“As I have emphasised, science is important because of the underlying understanding it provides of the world around us, of the immutable laws and of Allah’s design. It could be a vehicle of cooperation for all mankind and in particular for the Islamic nations. We owe a debt to international science, which, in all self-respect, we must discharge. As Allah has promised, He does not let the efforts of those who strive, go to waste. Let me end with the following prayer: Let no future historian record that in the 15th century of the Hijra, ‘Muslim scientific talent was there but there was a dearth of statesmen to marshal and nurture it.’” 
However deeply he felt for a scientific renaissance in the Muslim world, in stark contrast to Salam’s achievements as a scientist, he failed miserably in bringing science back to the religion he proclaimed. It was not for lack of effort. The Islamic Science Foundation, his grand scheme for scientific advancement, with an endowment of one billion dollars collected from oil-rich countries, came to nothing after he was banned from ever setting foot in Saudi Arabia. Kuwait and Iran did give some money to support their scientists at the ICTP, the institute he had founded for training physicists from developing countries, but it was trivial. The grand promises by kings, princes and emirs remained unkept. Yet, whatever he could do he did and donated his entire Nobel prize money towards establishing a fund for Pakistani students of science to pursue higher studies abroad. 
Sadly, though Pakistan is blessed with scientific talent, the statesmen who could marshal and nurture it are absent. Our emphasis on education was reflected in the 2013-14 budgetary allocation at a skimpy 1.9 percent of our GDP. 
Although Salam’s contribution to science and human development were acclaimed globally, his motherland betrayed him by not publicly acknowledging his unmatched contributions towards the development of science and the strategic weapons programme of Pakistan. Not many know that he was instrumental in setting up the Institute of Nuclear Science and Technology (PINSTECH) and the Space and Upper Atmosphere Research Commission (SUPARCO) and was a board member of the Pakistan Atomic Energy Commission (PAEC) for a long time. Few among those receiving higher education in sciences in Pakistan know that Salam was instrumental in sending about 500 Pakistani scientists and engineers to the best universities in the west for higher education in nuclear science and technology. These very men were to later become the backbone of the programme. Few know that, in December 1972, he helped in the setting up of a theoretical physics group in the PAEC when two theoretical physicists, Dr Riazuddin and Dr Masud, then working at the ICTP in Italy, were sent to Pakistan and asked to meet Munir Ahmad Khan who had that very year become the chairman of the PAEC. This theoretical physics group developed the designs for Pakistan’s strategic weapons. The tragedy of this maltreatment is unique: there is disquiet and perhaps even fear in accepting him as the national hero that he is. He, being an Ahmedi, was always marked as tabooed. Yet Salam kept loving his motherland. People wonder why he kept on working for Pakistan’s interests despite the mistreatment meted out to him and his faith. The answer lies in his love for God and his commitment to the saying of the Holy Prophet (PBUH): “Love for the country is part of faith.” 
Pakistanis are not thankless people. One day, when the mist of propaganda clears, we will remember him as he deserves to be remembered.  


The writer can be reached at thelogicalguy@yahoo.com 

Hindu sites need protection!

1,400 Hindus sites in dire need to Governmental protection, says Pakistan Hindu Council

Karachi / Islamabad (Nov 22, 2014): Patron-in-chief of Pakistan Hindu Council and Member National Assembly, Dr. Ramesh Kumar Vankwani, has strongly condemned the torching of Hanuman temple in Tando Mohammad Khan, a small city located at 40 kilometer distance from Hyderabad, Sindh. According to a statement issued on Saturday, Pakistan Hindu Council requested Government of Pakistan for the provision of security of Hindu worship places at national level, adding that around 1,400 Hindus religious sites across the country were in dire need to be protected by the Government.

Dr Ramesh also regretted the burning of Holy Books Geeta and Ramayan during the tragic incident. He emphasized that if the Supreme Court Orders regarding protection of Minorities Rights was strongly implemented then such incidents could be avoided. He further questioned that why innocent minorities were left at the mercy of anarchists.

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ملک بھر کو 1400 ہندو مندروں کو فوری طور پر سرکاری سیکیورٹی فراہم کی جائے، پاکستان ہندوکونسل کا حکومتِ پاکستان سے مطالبہ، سپریم کورٹ کے احکامات برائے تحفظِ حقوق اقلیتوں پر عملدرآمد نہ ہونا تشویشناک ہے، ڈاکٹر رمیش کمار ونکوانی کا ٹنڈو محمد خان میں ہنومان مندر نظرِ آتش کیے جانے پر غم و غصے کا اظہار

کراچی /اسلام آباد (22نومبر2014): پاکستان ہندو کونسل کے سرپرست اعلیٰ اور ممبر قومی اسمبلی ڈاکٹر رمیش کمار ونکوانی نے ٹنڈو محمد خان میں ہنومان مندر نظرآتش کیے جانے پر سخت غم و غصے کا اظہار کرتے ہوئے حکومتِ پاکستان سے ملک بھر میں مذہبی مقامات بالخصوص اقلیتی عبادت گاہوں کو سرکاری سطع پر سیکیورٹی فراہم کرنے کا مطالبہ کیا ہے۔ڈاکٹر رمیش نے اپنے بیان میں سندھ کے شہر حیدرآباد سے چالیس کلومیٹر کے فاصلے پر واقعے ٹنڈومحمد خان شہر میں واقع ہندو مندر کو نظرآتش کیے جانے کی وجہ سے دومقدس مورتیاں اور مذہبی کتابیں گیتا اور رامائن جلائے جانے پر افسوس کرتے ہوئے کہا کہ اگر سپریم کورٹ کے تحفظِ حقوق اقلیتوں کے حوالے سے جاری کردہ احکامات پر عملدرآمد پر کیا جائے تو ایسے افسوسناک واقعات سے بچاجاسکتا ہے۔ انہوں نے مزید کہا کہ جب ملک بھر کے مقدس مقامات ومذہبی تقریبات کو سرکاری سطع پر تحفظ حاصل ہے تو نہتے مظلوم ہندوؤں کو کیونکر شرپسندوں کے رحم و کرم پر چھوڑ دیا گیا ہے، پاکستان ہندوکونسل کے مطابق ملک بھر میں لگ بھگ چودہ سو مندروں کو فوری طور پر سیکورٹی مہیا کیے جانے کی اشد ضرورت ہے۔ 

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For further details, please contact:

Dr. Ramesh Kumar Vankwani, MNA
Patron-in-Chief, Pakistan Hindu Council
0333-2277370

Friday, 21 November 2014

Honouring a women’s rights activist

Published: November 21, 2014
The writer is a Peshawar-based writer and contributing editor at OK! Pakistan
With Malala Yousufzai’s global popularity before and after her Nobel win, it seems that the international media has left behind countless Pakistani women, who paved the way for Malala’s brave will. Earlier this year, I had the pleasure of meeting Khawar Mumtaz, herself a Nobel Peace Prize nominee in 2006, in her office at the National Commission on the Status of Women located in a leafy district of Islamabad. Mumtaz serves as the chairperson of this organisation. She was dressed in a full-sleeved shalwar kameez in red, tan and blue print, with a white embroidered dupatta draped across her shoulders. Her jewellery — silver and gold rings and turquoise bangles on her left wrist — was neither ostentatious nor modest, but elegant. To her left, near the window, hung a framed image of Benazir Bhutto peering skywards in front of clouds of rising smoke. In an age where the English-speaking media is so often focused on a few select stories, it seems prudent to remember the youth of a pioneering Pakistani women’s rights activist like Mumtaz.
Mumtaz was the first born to her Indian parents. Like many Muslim families now in Pakistan, hers relocated to the country as a toddler shortly after independence in 1947. She has a younger sister as well as two younger brothers. Her father was a banker, so her family moved around all over Pakistan whilst she was growing up as he was opening new branches of his bank in different towns. In retrospect, she finds it great to have lived in different places in all the provinces. She eventually lived in Karachi, where she finished high school, and then Lahore, where she established her own family of three children and now three grandchildren.
Her immediate family is rather bohemian and her maternal grandfather was an Urdu poet. Her husband, Kamil Khan Mumtaz is an architect, who was trained in London during the 1960s and today works in Lahore. Mumtaz’s youngest son, Murad Khan Mumtaz, lives in the state of Virginia where he reads for a PhD and is a miniaturist painter with a New York gallery. Her sister did her PhD in Canada and lives in Karachi where she works with the Aga Khan Medical University in the community health sciences department. One of her brothers is a pilot in the Pakistani Air Force.
As a child and teenager, Mumtaz was very active and into sports. She coordinated team sports such as netball and softball and her sister made many records at district level. She always wanted to sing and swim, but could never really get into these activities because she was too self-conscious as a youngster. She jokingly claimed that the Mediterranean was the only place she could swim. As a teenager, she would have loved to learn dancing, but her father didn’t approve. She remembers that she couldn’t even think of asking his permission in this regard since her father came from a highly conservative family.
Although her mother’s family was more tapped into their creative side, both her mother and father came from the same stock, as it used to be in those days for marriage. Both sides of her family migrated to Pakistan from north India. From her father’s side, Mumtaz was the first woman to go to university, where she shone as a discus thrower following on from her athletic childhood. Apart from sports, she led a very linear academic path in which she studied international relations and specialised in the French language. Mumtaz later also held a French teaching position.
Soon after she did her Master’s, she got married and moved to Lahore. She did not move to Islamabad until she took up the government post of chairperson at the National Commission on the Status of Women in January 2013. In Lahore, she worked as a teacher, researcher and journalist. She was assistant editor of Viewpoint when founder Mazhar Ali Khan was the editor-in-chief and began writing columns for the Herald in 1981. She remembered that theViewpoint office in Lahore was practically a shed at the time. Mumtaz researched for 10 years starting from the 1970s until 1983 at the Centre for South Asian Studies where she focused on foreign policy and India-Pakistan relations.
Mumtaz became a founding member of the working committee of the Women’s Action Forum, also in 1981, during General Ziaul Haq’s military rule, in which she and other women began to challenge gender discriminatory laws for the first time in Pakistani history. Mumtaz and other courageous women like her paved the way for young women like Malala to begin to question authoritative Pakistani legislation and cultural norms. Mumtaz has dedicated more than three decades of her life to fighting for greater women’s rights in Pakistan, which the millennial generation and the media should not forget.
Published in The Express Tribune, November 21st, 2014.

Dr Abdus Salam and Faiz

MELBOURNE: Two of Pakistan’s greatest men passed away in November, Faiz Ahmed Faiz and Dr Abdus Salam, on November 20 and November 21, respectively. Both were born in British India, and both rose to unprecedented heights in their own fields. Faiz was a social scientist, a poet, an ideologue and a humanist.
Dr Abdus Salam, on the other hand, was a man of unmatched intelligence and a dedicated scientist with a vision to serve mankind. His vision is manifested in his greatest work — the International Centre for Theoretical Physics in Italy. The centre is probably the only one of its kind, providing great opportunities to scientists from the Third World to master their skills in physics. Dr Salam’s name is like a shining star on the horizon of high science. An idealist to the core, he exploited his talents but always kept his values and culture close to his heart, never shedding off his identity as a Pakistani, even though Pakistan disowned him.
The greatest exhibition of this was when he went to Sweden to attend the Nobel Prize ceremony in a sherwani and turban. Pioneers set standards, break psychological barriers, pave the way to success for the rest and leave an indelible mark on the face of history. Dr Abdus Salam surely did all of that.
Faiz Ahmad Faiz, in the same vein, stood up for the common man. A great icon of progressive moment in Urdu literature, he liberated Urdu poetry from classical taboos and spoke on the issues that affected the lives of ordinary Pakistanis. His treatise on the foundations of Pakistan, written in the late 1960s, was a great response to the establishment’s forgery in the name of Pakistan’s ideology. Professor Abdus Salam and Faiz Ahmed Faiz were forced to leave their homeland, but both kept their Pakistani citizenship, both won the most of coveted prizes, like the Nobel and Lenin prize, and both, unfortunately, are not given the kind of universal acclaim in their homelands that they deserve and should have been accorded, both during their lifetimes and after their passing away.
Malik Atif Mahmood Majoka
Published in The Express Tribune, November 21st, 2014.

Save minorities, save Pakistan

Daily Times
Punishment against those involved in vigilantism and mob behaviour against minorities has to be in place. Today, if minorities are being targeted, tomorrow there will be targeting based on political beliefs or financial status

“I went to the west and saw Islam, but no Muslims; I went back to the East and saw Muslims but no Islam.” The unfortunate part of Muhammad Abduh’s 18th century observation of the Islamic world is that it holds the exact (if not more) value today in the Muslim world than it did when he first felt such a dichotomy. The curse of colonisation, or the abuse of religion by its guardians — depending upon whom you talk to — is something for which the answer varies. The fact, however, does not change that every day, more minority members suffer and even more minority members take asylum in foreign countries. 
To deal with the minority issue we have to anchor our efforts in the community that suffers the worst form of persecution so that there is a bottom up rights movement. We may refer to the African-American community that faced the worst kind of discrimination in the US but became a domino that brought the civil rights movement to other marginalised groups. 
The general public in Pakistan may have sympathy for minorities but when it comes to the Ahmedi community, our human sympathy tends to fizzle out. It does not matter what level of education or profession one may belong to, the rights of Ahmedis is an issue that even military dictators and so-called revolutionary leaders who talk about “change” and “insaaf” (justice) fall short of discussing. Recently in parliament the question of Ahmedis popped up in relation to the religion section in the passport. The newer and younger parliamentarians, it is reported, tried to argue on the purpose of this section in the passport but were told by the senior lot to remain silent on the subject because “nothing” could be done. As one of the senior MNAs suggested, “While we might not be able to change the status of Ahmedis or other minorities in Pakistan and stop the persecution, we do silently safeguard in our capacity their rights.” 
What may surprise many readers is that whatever little rights Ahmedis or other minorities do have at the moment in Pakistan is because within the upper echelons of the political leadership, civil bureaucracy and the military establishment, sectarianism and anti-Ahmedi sentiment do not wholly prevail. Barely, if ever, have Ahmedis in the police force or bureaucracy faced religious discrimination. Understanding of the Ahmedi question and minority rights is well grounded and debated by intellectuals but what really is the way forward? 
Unfortunately, we have two Pakistans here when it comes to the minority issue: a passive Pakistan that silently observes persecution against minorities and does not do anything, and then there is the active Pakistan that will take the law into its own hands against minorities. 
A two-pronged strategy is thus needed to counter both the passive and active persecution of minorities in the country. As a starter, given the repeated attacks on minorities in Pakistan, a strong and continuous internal (within the party, government and parliament) and external (public at large) communication against minority persecution from a political leader like Prime Minister Nawaz Sharif, who has the muscle within the right conservative block, can be extremely effective. 
Secondly, punishment against those involved in vigilantism and mob behaviour against minorities has to be in place. Today, if minorities are being targeted, tomorrow there will be targeting based on political beliefs or financial status. It does not end anywhere and has to be stopped in its initial stages. 
Third, and most important, is to reform and centralise Friday sermons in mosques. While most of the mosques may not preach hate, there are several that do openly call for the extinction of minorities from Pakistan. Friday sermons must be regulated and monitored, the way it is done in the Middle East. This move will serve to empower the government and it can use the Friday sermons for the purpose of extending its development discourse. 
Lastly, strong legislation and action against any sort of hate speech — political, religious or whatever — must be in place. The recent wave of dharnas (sit-ins) in Pakistan has set a wrong precedent that anyone can defame or malign anyone else using hate speech, and in the process radicalise our massive youth. We must realise that this persecution will not end at minorities. We will be the next targets when there will be no more minorities left. Better end it now or fight against it in our streets and colonies in years to come. 
Delivering on minority rights is not rocket science. What is needed is a strong leader who has clarity on the significance of this issue for the survival of Pakistan. A third world middle-income country that can develop a nuclear bomb, I am certain, has the capacity to protect its own citizens. 


The writer is a freelance columnist 
The original post available at: http://www.dailytimes.com.pk/opinion/21-Nov-2014/save-minorities-save-pakistan

Thursday, 20 November 2014

Husband of Pakistani Christian woman pleads for blasphemy pardon


Ashiq Masih writes to Pakistani president begging him to allow Aasia Bibi to move to France after court upholds conviction
Aasia Bibi
Aasia Bibi with Salmaan Taseer, the former Punjab governor who was killed after lobbying for a pardon for her. Photograph: AFP/Getty Images
The husband of a Christian woman who was sentenced to death four years ago under Pakistan’s blasphemy laws has pleaded for the country’s president to free his wife and allow her to move to France.
Lahore’s high court recently upheld the conviction against Aasia Bibi, who is among the best-known victim of laws that have been internationally condemned.
In a public letter Ashiq Masih said his wife’s only hope was for an official pardon from the president, Mamnoon Hussain.
“No one should be killed for drinking a glass of water,” the letter said, referring to the incident in June 2009 when Bibi was accused of insulting the prophet Muhammad after a group of Muslim women in her home village of Itanwali, Punjab province, refused to drink from a glass used by a Christian.
Although it is not uncommon for such petty disputes to lead to deadly accusations of blasphemy, Bibi’s case attracted enormous attention after Salmaan Taseer, the then governor of Punjab, criticised the law and lobbied for a presidential pardon.
His support caused widespread outrage and he was later assassinated by one of his bodyguards.
Since then almost no politician has dared call for reform of the laws and it is extremely unlikely the present government will consider a pardon for Bibi.
But it is also unlikely the mother of five will be executed as long as Pakistan follows an unofficial moratorium on the death sentence in order to maintain valuable trade concessions with the European Union.
Blasphemy prisoners risk being attacked or killed inside prison by fellow inmates or even guards.
On September an elderly and mentally ill Pakistani-British citizen,Mohammad Asghar, was shot and injured by a police officer inside jail.
His attacker had reportedly been incited to try to kill him by Mumtaz Qadri, the man responsible for the murder of Taseer, who is being held in the same jail.
In a sign of the strength of feelings among wide sections of the public, Qadri has been hailed as a hero and a mosque in Pakistan’s capital, Islamabad, has been named in his honour.
Masih said his wife was being kept in terrible conditions in the city of Multan and had survived only because her family was able to bring her fresh food and medicine.
“My prison cell has no windows and day and night are the same to me,” Bibi said in a message relayed by her husband. “But if I am still holding on today it is thanks to everyone who is trying to help me.”
Pakistan’s blasphemy laws originated during the British Raj, but were hardened in the 1980s when insults to Islam became a capital offence.
Critics say it is almost impossible to defend the accused, with judges fearful of throwing out cases and evidence often impossible to scrutinise for fear of repeating any alleged blasphemy.
The number of blasphemy cases, as well as vigilante attacks and killings of alleged blasphemers, has increased sharply in the past decade.
In his letter Masih recalled how he and his family always “lived in peace” alongside their Muslim neighbours.
“But for some years now the situation in Pakistan has changed because of just a few people, and we are afraid,” he said.

Ashiq Masih’s letter to Mamnoon Hussain

Yesterday, I returned from the prison in Multan where my wife, Aasia Bibi, was transferred eight months ago. Since Aasia was sentenced to death in November 2010 for drinking a glass of water from our village well, my family has lived in constant fear and under death threats. I live in hiding with my five children as near as possible to Aasia. She needs us very much to help keep her alive, to bring her medicine and good food when she is sick.
After my wife had spent four long years in prison in terrible conditions, we were hoping that the high court of Lahore would free my wife. She did not commit blasphemy, never. Since the court confirmed the death sentence on 16 October, we do not understand why our country, our beloved Pakistan, is so against us. Our family has always lived here in peace, and we never had any disturbance.
We are Christians but we respect Islam. Our neighbours are Muslims and we have always lived well with them in our little village. But for some years now the situation in Pakistan has changed because of just a few people, and we are afraid. Today many of our Muslim friends cannot understand why the Pakistani justice system is making our family suffer so much.
We are now trying our best to present the final case to the supreme court before 4 December. But we are convinced that Aasia will only be saved from being hanged if the venerable President Mammon Hussain grants her a pardon. No one should be killed for drinking a glass of water.
My five children and I have only survived thanks to the protection of a few faithful friends who risk their lives daily to help us. We are the husband and family of Aasia Bibi and many people want us to die. Thanks to our friend Anne-Isabelle Tollet, who has become our sister and helped us for four years now, we speak often about what is happening in Paris and the world to help save Aasia. Hearing that people are supporting Aasia from so far away is so important for us. It helps us to hold on. Every time I visit Aasia in prison I tell her the news. Sometimes it gives her the courage to keep going.
Just before taking the 10-hour journey to visit Aasia, I learned the wonderful news that Paris is offering to welcome Aasia and our family to Paris if she is freed. This is a huge honour and we are very humbled. I would like to offer my sincere thanks to you, Madam Mayor of Paris, and to say that we are immensely grateful for your concern. I hope that one day we will visit you alive, and not dead.
When I visited Aasia Bibi yesterday she asked me to give you this message: “My prison cell has no windows and day and night are the same to me, but if I am still holding on today it is thanks to everyone who is trying to help me. When my husband showed me the photographs of people I have never met drinking a glass of water for me, my heart overflowed. Ashiq told me that the city of Paris is offering to welcome our family. I send my deepest thanks to you Madam Mayor, and to all the kind people of Paris and across the world. You are my only hope of staying alive in this dungeon, so please don’t abandon me. I did not commit blasphemy.”
Ashiq Mashi, Pakistan, 17 November 2014
the original post available at http://www.theguardian.com/world/2014/nov/20/husband-pakistani-christian-blasphemy-pleads-pardon?CMP=twt_gu

Tuesday, 18 November 2014

Sexual harassment and selective protection


The Express Tribune

Published: November 18, 2014
The writer is a law graduate from the University of Cambridge and a practising lawyer based in Lahore
The order of the Federal Ombudsman in a sexual harassment case of a student at the Lahore University of Management Sciences (LUMS) has elicited a series of vociferous responses, particularly on social media. These range from an exchange of allegations and explanations, a disclosure of academic politics, to an analysis of the social assumptions surrounding female sexuality. Yet, a critique of the legal regime regulating sexual harassment at the workplace in Pakistan has been visibly missing.
Under the law, sexual harassment at the workplace is a civil as well as a criminal offence. TheProtection Against Harassment of Women at the Workplace Act (2010) lays down a framework of civil remedies. Section 509 of the Pakistan Penal Code, following amendments in 2009, classifies sexual harassment in the workplace as a crime.
The law, however, is vague in many places and leaves much to be desired in terms of the ambit of its protection.
The act governs ‘organisations’, which include government ministries and corporations, educational institutions, medical facilities and private sector companies. The informal sector then clearly falls beyond the purview of the act, leaving domestic workers — a group most vulnerable to sexual harassment — entirely defenceless. With the Domestic Workers Bill 2013, still awaiting approval of parliament, this lacuna in the law assumes greater significance. Recent legislation on sexual harassment at the workplace promulgated in India in 2013 has, on the other hand, extended such requisite cover to women employed in a dwelling place or a house.
The question as to whether a ‘complainant’, otherwise defined in the Act as any “man or woman”, must of necessity be an employee of the organisation is also controversial. A reading of the definitional clause of the Act controverts against such conclusion. Yet other provisions, namely section eight, seem to confine protection of the act to employees alone.
Such ambiguity in the law exists not only by reason of internal contradiction within the structure of the Act. Conflicting interpretations articulated by the ombudsman and the ministry of law confound the situation further.
In a case of sexual harassment of a student by an instructor at the Quaid-e-Azam University in 2011, the Ombudsman unequivocally ruled that the “Act equally applies to employers, employees and students”. The Ombudsman followed the same reasoning in its decision regarding the controversy at the university. The ministry, however, ascribes to a different opinion: that the 2010 Act only regulates employer-employee relationships and is inapplicable to students. On the basis of such restrictive construction, President Asif Ali Zardari set aside the order of the Ombudsman, and thereby the termination of the accused instructor from the university.
One may question the ascription of what are ostensibly judicial powers to the executive, but that would demand an independent analysis.
The following questions are more relevant for our current purposes: where exactly does the law stand regarding the scope of protection extended by the Act? Is a female student, who is otherwise an integral part of an educational institution, to be denied the remedies provided under the Act merely because she is not an employee? What of a man or woman sexually harassed by an officer during a visit to a government department or those employed in the informal sector? Do transgendered individuals, categorised neither as man nor woman, fall beyond the ambit of the legislation? Surely, legal recognition of the equal right to citizenship of these members of our society would render such denial questionable?
The answers to the above are at best obscure, or point to the exclusion of those who do not fit within the definitional paradigms set out in the Act. As a consequence, vulnerable groups — domestic workers, students, visitors or members of the transgender community — may be denied necessary legal protection from sexual harassment at a place of employment.
Legislative measures in Pakistan directed at the prevention and addressing of sexual harassment at the workplace are without doubt essential. However, the ambiguity and selective protection offered under the 2010 Act weakens an otherwise laudable legal regime. To ensure effective censure and reparation, the question regarding the scope of the Act must be answered with clarity and any exclusion made ought to be rational and justifiable. The 2010 Act in its existing form fails in this regard, and must be amended accordingly.
Published in The Express Tribune, November 18th, 2014.

Blasphemy law debate

Daily Times

The blasphemy law has become a bane for society and there is no chance of it being amended or repealed in the foreseeable future. How many more people will the state sacrifice by tolerating frenzied mobs using religion to settle personal scores or vent their anger against a group of people they are brainwashed to hate. After the lynching of a Christian couple in Kot Radha Kishan, everybody is talking about reforming the law, so that it is not misused against innocent people. If the handling of previous blasphemy cases is any evidence, the law should be repealed. The argument to scrap the law gains strength seeing the prolonged inaction of successive governments against the religious right promoting discrimination and intolerance. Peace groups operating in Pakistan have demanded on Friday in a joint communiqué that the government take stern action against the criminals and their accomplices who had burnt the Christian couple to death in the kin. This punishment according to the peace advocates will set a precedent while creating an environment to contemplate and debate the law. The lives of many innocent people, both from the minorities and the Muslim community, languishing in jail are at stake. It is yet to be seen how the Supreme Court handles Aasia Bibi’s case. Even if she is freed from prison, her survival will entirely depend on the security the government provides her. Aasia’s case is a litmus test for the courts and the government. Governor Punjab Salman Taseer and Federal Minister for Minorities, Shahbaz Bhatti had sacrificed their lives to make Aasia’s case their litmus test to establish to the ignorant and bigoted sections of the populace and the government about the inhuman aspects of the blasphemy law. The killer of Salman Taseer is leading a comfortable life in jail having become a faith healer who is free to advocate and justify killings in the name of religion. Already one blasphemy accused has been killed on his instigation and another injured in jail. 
While the minorities are voicing concern against the injustices meted out to them, the absence of a leadership role in their ranks towards this cause is rather conspicuous. Barring Ahmedis, nearly every minority has representation in parliament, but their efforts (or lack of them) to protect their communities’ rights fail to correspond to the injustices inflicted on them. This vacuum has been conveniently exploited by the extremist groups with impunity.  There is a need therefore for the minorities’ leadership to come out of their comfortable bubbe and use their influence to bring about a policy shift in the government’s stance on the minorities and other victims of the blasphemy laws through political pressure and mass mobilization.  

original post available at: http://www.dailytimes.com.pk/editorial/17-Nov-2014/blasphemy-law-debate