Zia ul haq

 Introduction

Legislation means to make laws for the people of a country it main aim is to develop country. Development of a country is not possible without the participation of women. If we are fail to empowerment women then we also to develop our whole country. Women legislation means to give them right to consider themselves a citizen of a country, give them fundamental rights, give them equal opportunities to participate in social, political, and economical activities. When we saw women sector in our country Pakistan people party is the first political party which takes first step to empower women sector. But after the fall of ppp  government.  General ziaul Haq  come in to power CMLA come into power. He wants to developed women sector but he was fail because he was extremist person he involved religion in to politics and describe he policies as a positive outline of a real Islamic state. He  introduced new reforms in women sector under Hudood ordinances.

Background 

General Zia ul-Haq, then Army Chief of Staff, overthrew the democratically elected Zulfikar Ali Bhutto government in a military coup on 5 July 1977. The régime took many steps toward institutional building for women's development, such as the establishment of the Women's Division in the Cabinet Secretariat, and the appointment of another commission on the Status of Women. Zia established Islamic committee, sub committee and special committee name as majis shoro. Intial it was established to give suggesation headed by Moulana zafar ahmed but later it would use for legislative process.

Zia policies

Military government introduced some  policies in Pakistan to empowerment women which is below.

• Sixth plan

A chapter on women in development was included for the first time in the Sixth Plan. The chapter was prepared by a working group of 28 professional women headed by Syeda Abida Hussain, chairperson of the Jhang District council at that time. The main objective as stated in the Sixth Plan was "to adopt an integrated approach to improve women's status". In 1981, General Zia-ul-Haq nominated the Majlis-e-Shoora (Federal Advisory Council) and inducted 20 women as members, however Majlis-e-Shoora had no power over the executive branch. In 1985, the National Assembly elected through nonparty elections doubled women's reserved quota (20 percent).

• Hudood ordinances

Hudood ordinances were a law which was introduced in 1979 by military regime through Islamization process. through this  Zia suspended fundamental rights entrenched in the constitution, including rights guaranteeing the equality of men and women before the law.and introduced Hudood Ordinances.  This was issued in February 1979 to enforce Islamic punishment for a number of crimes collective called Hudood ordinances. These prescribe penalties of various  sex related crimes, wrongful imputation of illicit sexual relation, theft of property and possess of alcohol and prohibited drugs. The punishment ranged form imprisonment, financial penalties, lashing, amputation of the right hand for theft and stoning to death for adultery and rape. lower court FSC did award the punishment of amputation of hand and stoning of death and supreme court set aside.

• (Qanun-e-Shahadat),

In 1984 new the Law of Evidence (Qanun-e-Shahadat) replace the existing law which is date backed to the British period. However the new law is different for earlier law except that it rearranged and reworded the clauses and provided that in the event of  financial or future obligation, however the witness of two female were equal to one male, for another matter the court could treat the witness of of two sexes at par.

• Law of Qisas-e-Diyat

 the (Qisas-e-Diyat) contributed to the deterioration of the status of women in Pakistan women . This law discriminated against women by fixing compensation for bodily injuries or murder as half of what was admissible to men for proof of murder liable to Qisas, evidences of at least males was essential.

well but when zia take over the power then he used religion for political purpose.

• Zina ordinances

 Zina subcategory of the Hudood Ordinance. The Zina Ordinance included zina-bil-jabr, the category of forced intercourse. If the woman who accuses a man of rape cannot prove to the judicial system that she was raped she faces adultery charges. In order for a rapist to receive "hadd," the maximum punishment provided for under the Quran, either the rapist must confess to the rape, or four pious adult Muslim men must witness. Under Qanun-e-Shahadat, a woman's testimony was not weighed equally to that of a man.  If a woman does not have male witnesses but does have female witnesses, their testimony would not satisfy the evidence requirement. If women didn’t prove it she have to paid charges.

Effects of Hudood ordinances

 These ordinances negatively affected women and minorities of Pakistan because it suspended fundamental rights of women. It also band public protest against martial law regime with any evidences under defying section 144. 

• Violence increase

After the promulgation of this law a group of women protest against Zia regime the government takes action against them and faced the brunt of police action. In the history of Pakistan first time police used gas and batons on women. They injured women in the process and arrested nearly 50 Pictures of the courageous women being baton-charged by the police resulted in a national outcry for women’s rights.

Madeeha Gauhar was part of women action forum said that:    

                                 “Legislation was anti women which drastically changed the goal of women and highlighted the issues of national discourse.

• Discrimination increase:

However, Zial-ul-Haq initiated a process of Islamization by introducing discriminatory legislation against women such as the set of Hudood Ordinances and the Qanun-e-Shahadat Order (Law of Evidence Order). He banned women from participating and from being spectators of sports and promoted purdah. He suspended all fundamental rights guaranteed in the Constitution including the right to be free of discrimination on the basis of.

• Increase violence

This ordinance increases violence in the country because it cut the right of freedom from women. And then they start protesting against them. When public protest to protest their right government take action against them and day by day violence increase in the country.

• Increase rape cases

 legislation during this period has negatively impacted Pakistani women's lives and made them more vulnerable to extreme violence. Majority of women in prison were charged under the Hudood Ordinance. Similarly, a national level study conducted in dar-ul-amans (shelters for women) mentioned that 21% of women had Hudood cases against them. According to a 1998 report by Amnesty International, more than one-third of all Pakistani women in prison were being held due to having been accused or found guilty of zina.

Rape case in military regime 

After zia hood ordinances rape cases were increase day by day . initial some cases were come into court which is below

• Orphan child case 

In 1983, an orphaned, thirteen-year old girl Jehan Mina was allegedly raped by her uncle and his sons, and became pregnant. She was unable to provide enough evidence that she was raped. She was charged with adultery and the court considered her pregnancy as the proof of adultery. She was awarded the Tazir punishment of one hundred lashes and three years of rigorous imprisonment.

• Safia bibi 1983

In 1983, Safia Bibi, a nearly blind teenaged domestic servant was allegedly raped by her employer and his son. Due to lack of evidence, she was convicted for adultery under the Zina ordinance, while the rapists were acquitted. She was sentenced to fifteen lashes, five years imprisonment, and a fine of 1000 rupees. The decision attracted so much publicity and condemnation from the public and the press that the Federal Shariah Court of its own motion, called for the records of the case and ordered that she should be released from prison on her own bond. Subsequently, on appeal, the finding of the trial court was reversed and the conviction was set aside.

Conclusion 

 Legislation during this period has negatively impacted Pakistani women's lives and made them more vulnerable to extreme violence. Majority of women in prison were charged under the Hudood Ordinance. Similarly, a national level study conducted in dar-ul-amans (shelters for women) mentioned that 21% of women had Hudood cases against them.  No of prisoners women increase day by day in 1979 no of prisons women was 60 after ten year and under hood ordinances its come to 6000.  Zia policies greatly affected our country day by day violence discrimination, extremism, increase which is become a cause of country poor condition