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UNCLAS SECTION 01 OF 02 ISLAMABAD 000268 
 
SIPDIS 
SENSITIVE 
 
E.O. 12958: N/A 
TAGS: PGOV PREL PTER ELAB KTIP PK
SUBJECT: PRO-WOMEN AMENDMENT TO PAKISTAN CRIMINAL LAW 
 
¶1. (U) Summary: On January 29, President Asif Ali Zardari 
signed the Criminal Law (Amendment) Act 2009 into effect. The 
legislation amends the Pakistan Penal Code and the Code of 
Criminal Procedure to include provisions for making workplace 
harassment against women punishable. This legislation is one 
of three pro-women bills reviewed in 2009, two of which are 
still pending parliamentary approval. The enactment of the 
Criminal Law (Amendment) Act has been lauded as an important 
step forward for women and is a result of dedicated 
government and civil society efforts. End summary. 
 
--------------------- 
THREE PRO-WOMEN BILLS 
--------------------- 
 
¶2. (U) In 2009, the government introduced two bills for 
legislation against sexual harassment in the workplace, 
namely the Criminal Law (Amendment) Act and the Protection 
Against Harassment at Workplace act. Despite opposition, the 
former  was passed by the National Assembly in November 2009 
and the Senate on January 20, 2010. 
 
¶3. (U) The second more comprehensive bill, the Protection 
Against Harassment at the Workplace Act, was passed by the 
National Assembly in January 2010 and is now pending Senate 
approval by an April deadline. This bill includes a more 
detailed definition of harassment and proposes a code of 
conduct as a guideline for workplace behavior. Sherry Rehman, 
former Information Minister and In-Charge Minister for Women 
Development (also a member of the Women Workers' Union) 
played a strong role in introducing and promoting the act. 
 
¶4. (U) A third piece of legislation, the Domestic Violence 
(Prevention and Protection) Act, has been more controversial. 
Among other things, it seeks to create protection committees 
in every one of Pakistan's 450 plus tehsils (administrative 
districts) to protect women and children from domestic 
violence and to make perpetrators subject to punishment under 
the criminal code. The bill was passed by the National 
Assembly in August 2009, but the Senate failed to approve it 
within the required 90 days. A mediation committee will 
review and draft the new bill with reconciled differences to 
be presented again to the National Assembly. 
 
--------------------------------------------- - 
PROVISIONS OF THE CRIMINAL LAW (AMENDMENT) ACT 
--------------------------------------------- - 
 
¶5. (U) The Criminal Law (Amendment) Act aims to "create a 
safe working environment for workers which is free of sexual 
harassment, abuse and intimidation" with a view of enabling 
higher productivity and better quality of life at work. The 
bill amends both the Pakistan Penal Code and the Code of 
Criminal Procedure, establishing punishment of up to three 
years imprisonment and a fine of up to 500,000 rupees 
(approximately $6,000). Previously, the Pakistan Penal Code 
included an unspecified fine for a vague "insult to the 
modesty of a woman". According to the recently passed bill, 
whoever "intending to insult the modesty of any woman" utters 
any word, sound, or gesture, or demands any sexual favor from 
a woman in the workplace would be subject to punishment. The 
bill defines workplace, but extends the occurrence of such an 
offence to public places, including markets, public 
transport, streets, and private places. 
 
---------------------- 
SUPPORT AND OPPOSITION 
---------------------- 
 
¶6. (SBU) During 2009 the fate of all three bills was 
uncertain. It was believed that some powerful lobbies were 
obstructing the legislation. The National Commission on the 
Status of Women many times expressed its concern over delays, 
criticizing the government for appeasing religious parties. 
The Criminal Law (Amendment) Act, initiated by the ruling 
Pakistan People's Party (PPP), was supported by a majority of 
parliamentarians, including the Pakistan Muslim League-Nawaz 
(PML-N), the Muttahida Qaumi Movement, the Pakistan Muslim 
League (PML), the Baloch National Party, and the Awami 
National Party. 
 
ISLAMABAD 00000268  002 OF 002 
 
 
 
¶7. (SBU) The Criminal Law (Amendment) Act also faced some 
opposition. Legislators from religious parties, Jamiat 
Ulama-e-Islam (JUI) and Jamat-e-Islami (JI), as well as some 
from the PML-N, voiced their opposition to the amendment, 
calling it un-Islamic. JUI and JI Senators said that the 
amendment was a "violation of the fundamental norms of Islam 
and the constitution" and would promote "vulgarity among 
women." Their proposal that the bill be sent to the Council 
of Islamic Ideology for further review was rejected by the 
Senate. 
 
¶8. (SBU) Comment. The enactment of the Criminal Law 
(Amendment) Act is an important step towards providing 
protection to women in the workplace. Human rights 
organizations and women groups have rightly welcomed the 
legislation as a concrete step forward to provide a safer 
environment for women. The debate surrounding this and the 
other two bills is creating awareness about this crime, which 
has otherwise existed as an accepted norm. The passage of 
this amendment has increased the prospects for the other two 
bills on sexual harassment and domestic violence. End 
comment. 
PATTERSON