Saleem Shah 

t is clear that significant gender disparities exist in Pakistan. Women’s status is lower than that of men in all spheres of life.  Women are underprivileged in getting education, food, health care, freedom of choice and other basic rights.  One of the most important aspects of these disparities and discrimination is that of women’s land rights. In January 2007, SDPI sent a team of male and female field researchers to District Swabi, in NWFP, to research the issue in depth.

District Swabi, which covers an area of 1,543 square kilometers, lies between the Indus and Kabul rivers. According to the Census of 1998, the total population of the district was 1,026,804 (Male 516,540 and Female 510,264), making Swabi the fourth most populous district of the NWFP. The overall literacy ratio of the District is 36%, with a 30.6% enrolment ratio. District Swabi is mainly inhabited by the Mandanr, a sub-tribe of the Yousafzai Pashtoons, who historically have been the landholders. In addition, the Khattak and Tahir Kheli are landowners in some parts of the District. Geographically and historically, the area constituting Swabi District is a part of the Peshawar valley, and a famous center of Buddhism and the Gandhara civilization.

Like Swat, Swabi is strictly a traditional Pashtun society, particularly in dealing with women. Women land rights are still a taboo subject in the District and even the men who are working in civil society organizations have little or no knowledge of the issue. This is despite the fact that the majority of the male members of local civil society organizations are educated and belong to rich families: their exposure to human rights and women’s rights issues appears to have had little influence on their mindset, at least when they think or decide about women land rights.

Historically, Swabi is an old settled District like Peshawar and Mardan and one would expect that women’s rights would be more protected but our findings show that this is not the case. It is interesting to note that Swabi is considered one of the most educated Districts, including female education, and people generally believe that the residents of Swabi are very “advanced” and progressive but we found that ground realities are very different. Their attitude towards women’s land rights is worse than that of people in Swat. It is worth mentioning that the ratio of women’s claims on land at the courts is lower in Swabi than in Swat. In Swat everyone the researchers spoke to, whether religiously-minded or otherwise, was in favor of granting land rights to women, at least theoretically, but the situation in Swabi was quite different.

The basic reason is that women fear breaking up from their natal family, particularly from their brothers, who are considered the custodians of sisters in case they need their help and protection. As in other parts of Pakistan, in most cases, husbands and sons force their wives and mothers to claim land, which the men then control. The basic reasons for there being fewer claims on marital property are: restrictions on free movement and the weak position of women, especially childless widows who could even be murdered if they claim land. There are also some taboos that impede women’s ability to claim their rights to land. According to many of the women interviewed, those women who claim land, particularly from the natal family, are cursed by the divine powers and the money would have to be spent on major diseases, enmities, the sudden deaths of children or that the claimant women could even end up with a disgraceful death.

According to lawyers who were interviewed cases related to women’s land rights are generally reported in civil courts. People seldom wish to register cases at police stations as this is considered as disgrace for the family. Although the scope of land rights cases is very limited, the courts, when approached, grant land rights to women in the majority of cases.

The culture of illegal means of transferring land in the name of male members of the family prevails in the whole District. The men cheat the government officials by bringing another woman (not the legal claimant) to the courts. They present her as the real claimant, get her signature or thumb impression on the documents, and transfer the land to the men’s names. Corrupt government officials, particularly patwaris, play an important role in depriving women of their land. A small amount of money and influence is enough to convince them to transfer the land in the name of male members of a family.

In fact, girls are groomed and trained in a way that leaves them ignorant of their rights. Restrictions on their freedom of movement, which is an indispensable part of the culture, is another hurdle in claiming lands and going to courts. It is considered a shameful act if a girl claims land or property under any circumstances. In most cases, the basic reasons of such claims (i.e. land claims) in the courts are family matters arising from failed marriages, enmities and family clashes.

However, according to the intellectuals and lawyers interviewed in Swabi, violence against women is gradually decreasing. In the past it was unthinkable that a woman would approach the court to claim her land rights but now there are many cases in the courts, which would seem to demonstrate that awareness in this regard is improving. The most important factor in Swabi, as compare to Swat, is that the ratio of school going girls is very high and young women are enrolled in every University of the Province. Similarly, women now join the government and non-government services and are able to find paid employment outside their homes.

According to the local intellectuals, education and awareness both are playing a pivotal role in bringing up this change and breaking the centuries old taboos.

source: www.sdpi.org