The petition was filed by Advocate Kalpana Devi along with activists Sheema Kirmani and Mehnaz Rehman on November 19 in Sindh High Court, Larkana circuit branch. The activists were irked by a circular issued saying, "No female can cast vote and contest panchayat elections. Our past mistakes shall not be repeated." Devi highly condemned these lines and said, "Hindu panchayat leaders out of creed, ill-will and on the behest of some influential persons want to deprive me and other women off their lawful rights. The Articles 17 and 25 of the Constitution of Pakistan guarantee that there should be no discrimination on the basis of gender. We demand to declare the scheduled election void ab initio, without lawful authority."
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The issue of Hindu panchayat and women rights has come up time and time again. In 2016, the issue came into limelight when Advocate Devi, who belongs to Larkana city, made hue and cry when the Hindu community placed a ban on women to contest poll. Talking to The Express Tribune, Devi said, "It is very tough to fight in a male-dominant society. After years of struggle, I was given a chance to contest election for panchayat in 2013. I won the poll with majority votes and worked against encroachment on our sacred places. No one else, but our Hindu people were the big encroachers," she said adding, "The mafia stood up against me and in 2016 they joined hands and slapped a ban on women to contest the poll. I heaved a sigh of relief when court ordered in my favour. They rigged the polls and defeated me," she said. Now, with election approaching fast, pamphlets have been circulated to not allow women to take part in this election. "I don't want to contest, but I will struggle to ensure that the ban on women is lifted."
Apart from approaching court, Devi, with her experience in the field of law, has written a letter to the Sindh chapter of National Commission of Human Rights Pakistan against the violation of human rights and gender discrimination. "I am not alone, young Hindu girls and women are with me in this case. We will not allow male patriarchy in our society to exploit us," she reiterated.
In Larkana, more than 1,000 households belong to the Hindu community. The panchayat elections are held every three years to resolve community issues. The registered voters of the local council elect their members. These elected members make an executive body comprising chairperson, vice-chairperson, general secretary, finance secretary, and others to resolve local matters.
The panchayat leaders and the election commissioner spoke on their part and defended their stance saying it was not their mistake that the constitution of panchayat does not allow women to contest poll. "For decades, women have not been allowed to take part in electoral process within community," Dr Lakhmi Chand, the election commissioner of Hindu panchayat, said. When asked about Devi's election in 2013, Chand said, "At that time, we had not properly read our constitution. We came to know about it three years ago," he said adding, "We will have no objection if the executive body, that has the powers, tries to amend our constitution and add a provision for women to it."
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Chand further said that it was not the business of women to deal with the matters of the community. "Can any Muslim allow women to hold public courts and lead community affairs: definitely not. We live in the same society, so can't afford to allow them to rein every sphere of life," he said adding, "We mistakenly allowed Devi to contest in 2013. If she is so interested in women rights then I suggest her to launch a separate panchayat for women in the city or change the constitution."
Devi however remarked that there was nothing mentioned about ban on women in the constitution. "The influential Hindu leaders have hijacked the panchayat for vest interest and alerted it to create a stumbling block for women." According to Devi, in Jacobabad and other districts, Hindu women could contest polls. The case was now in court and we will continue our struggle till Hindu women are given equal rights, she claimed.
Published in The Express Tribune, November 27th, 2018.
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