Pakistan's Senate Passes Landmark Anti-Harassment Bill Aimed at Women

Women and those who care for women in Pakistan have at long last something to celebrate. The Criminal Law Amendment Bill (which is related to sexual harassment) was adopted by the Senate with the support of all major parties, but with members of the religious parties staging a walkout or absenting themselves.


The bill which had been passed by the National Assembly in November will become law when it is signed by the president. It enhances the punishment for acts previously described in the PPC and the CrPC as an “insult to the modesty of women” and gives a clearer definition of harassment to make it justiciable before a court of law. But as is the case with all laws, especially those envisaging change, they have to be translated into action. That calls for strict enforcement on the one hand, and a change in mindset on the other. One hopes that the government and social activists work towards that end to eliminate the intimidation that women face in public places. This is essential to facilitating women’s mobility outside their homes to enable them to obtain education, healthcare and employment. Complete Story

SC Judgement on National Reconciliation Ordinance

Yesterday (Jan 19, 2009) Pakistan Supreme Court published its detailed judgment on National Reconciliation Ordinance (NRO). Entire text below:

IFTIKHAR MUHAMMAD CHAUDHRY, CJ. – Constitution Petition Nos. 76 to 80 of 2007 and 59 of 2009 have been filed,

challenging the constitutionality of the National Reconciliation Ordinance, 2007 [hereinafter referred to as “the NRO, 2007”], 

whereas Civil Appeal No. 1094 of 2009 (by leave of the Court), has been filed against the order dated 15th January 2009, passed by High Court of Sindh in Constitution Petition No. 355 of 2008, whereby the benefit of the NRO, 2007 has been declined to the appellant. Similarly, in Human Right cases, the applicants have prayed that the benefit of the NRO, 2007 may also be extended to them.

2. Brief facts, leading to filing of the listed petitions are that on 5th October 2007, the President of Pakistan [hereinafter referred to as “President”], while exercising his power under Article 89 of the Constitution of the Islamic Republic of Pakistan, 1973 [herein after referred to as “the Constitution”], promulgated the NRO, 2007 vide Ordinance No.LX of 2007.

3. The above Ordinance came under challenge, immediately after its promulgation, before this Court, by invoking jurisdiction under Article 184(3) of the Constitution, in the listed Constitution Petitions, when, on 12th October 2007, after hearing the learned counsel for the petitioners at a considerable length and examining the case law, the Court passed an order, which is reproduced hereinbelow:- Complete Text

The Limits of an Activist Supreme Court

Nine months since reinstatement the Pakistani Supreme Court has executed several plans that have both fueled public outcry for change and made the federal government uneasy. The following is a good article on the subject in DAWN:

"Statements by lawyers, observations by judges and ceaseless TV talk-shows appear to have given rise to a general expectation that the Supreme Court’s ruling on the National Reconciliation Ordinance is going to transform the country’s constitutional and political landscape.

That is unlikely for the simple reason that the court can only interpret the constitution and not amend it, much less enact a new one.

The Controversial Role of the SC: Editor's Pick

"The Supreme Court is a prime example of an institution torn by periods of too much and too little power." I couldn't have put it better. Read excerpt below:

IT is a common feature of all Pakistani regimes — past and present, civil or military — that when institutions are weakened by legislative acts or executive orders they hesitate to exercise whatever little authority that remains. And when empowered by law or circumstances, they tend to exceed, even abuse, their power. The president and the prime minister, cabinet and parliament, civil services and the armed forces, even businesses, behave in this manner. In the current situation, however, this argument is more applicable to the judiciary and the district governments. Foremost is the example of the Supreme Court. At one time it authorised a coup-making general to amend the constitution ‘for the attainment of the declared objectives.’ Now the court has taken upon itself to administer the retail price of sugar... Read More

SCP News Item: SC Locks Horns with Islamabad on Electric Tariff

Today the Supreme Court of Pakistan ordered Pakistan's National Electric Power Regulatory Authority (Nepra) not to raise its tariff, once again directly challenging the government. A few weeks ago the Supreme Court declared the "carbon tax" unconstitutional. Under pressure Islamabad resigned its position. Dawn, Pakistan's most read English daily, has a front page story on the issue below:

Dawn, July 24, 2009
Nasir Iqbal

"SC tells Nepra to inform it before raising tariff"

ISLAMABAD: The Supreme Court vacated on Thursday its order restraining the authorities from raising electricity tariff but cautioned the National Electric Power Regulatory Authority (Nepra) against coming up with any coercive plan to increase the tariff.The court asked Nepra to inform it in advance, before recommending a tariff increase.A three-judge bench headed by Chief justice Iftikhar Mohammad Chaudhry and comprising Justice Chaudhry Ijaz Ahmed and Justice Jawwad S. Khawaja is hearing a suo motu case against the proposed increase in tariff despite erratic power supply and decline in oil prices in the international market.The bench issued notices to the ministries of finance and water and power and asked them to inform the court about the proposed withdrawal of subsidy on electricity or increase in the tariff....complete story

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