Introduction
The relationship between women and Islam has repeatedly featured as a pivotal issue within public discourses addressing notions of ‘citizenship’ and ‘nation’ in Pakistan since the time of its creation in 1947.Footnote 1 For while such discussion is generally regarded as having intensified with the state-sponsored programme of Islamisation adopted by Zia ul-Haq after he came to power in 1977,Footnote 2 what constituted an appropriate role for women as citizens of a Muslim nation had proved itself to be a frequent topic for debate from Pakistan's earliest years. With the passing of the Objectives Resolution by the Pakistan Constituent Assembly in March 1949, according to which the future constitution of Pakistan was to be based on principles of democracy, freedom, equality, tolerance and social justice as enunciated by Islam, the stage was set for lengthy consideration about what role religion should play in the new state, and inevitably this also included establishing what the ‘proper’ place for women as citizens was to be within these newly-established parameters.Footnote 3
This article takes as its starting point the very public furore created by the second—that is, polygamous—marriage of Pakistan's prime minister, Muhammad Ali Bogra, in 1955,Footnote 4 reactions to which formed part of the process that resulted in the reform of Muslim family laws under Ayub Khan at the beginning of the 1960s. By placing this event in both its more immediate and longer-term contexts, it explores how far this controversy formed part of on-going contemporary arguments about the relationship between Islam, citizenship and the role of women in Pakistani life. Debates in 1950s Pakistan, however, need to be set against the more general backdrop of the decade following its establishment in 1947. This was a period of political transition, and not just in Pakistan, with newly-independent nations emerging in different parts of the world as colonial empires were dismantled. It was also marked by efforts on the part of those that had not come under direct colonial rule to assert their political independence more vigorously, particularly in the context of the Cold War. Either way, the role of the state in relation to its womenfolk was a complex matter, with governments attempting to turn nationalist rhetoric, which had laid great stress on women as equal participants in nationalist struggles (even if the main emphasis had been on the importance of their roles as wives and mothers), into concrete policies concerned with consolidating national unity and progress. In practice, this resulted time and again in those same governments seeking to control the amount of space there was for the kinds of independent women's organisations that they feared might potentially challenge the authority of the state itself. In a range of countries—Muslim ones included—such tension was reflected in official efforts to reduce the extent of autonomous female activism. The outcome was that it became difficult, and in places impossible, for independent women's organisations to function. Often they were dismantled and replaced with official bodies organised by the state itself. Alternatively, governments sometimes sponsored the establishment of women's organisations that could be guaranteed to cooperate with the national project in less problematic ways. Across Asia and in different parts of the Middle East, this trend became apparent: over the course of the 1950s, independent-minded women found it considerably harder to articulate alternatives to what the state had in mind for them.Footnote 5
In Pakistan, the main vehicle for early female social activism, APWA (the All-Pakistan Women's Association), enjoyed intimate connections with the new state: it owed its creation in 1949 in large part to the efforts of the then prime minister's wife, Begum Ra'ana Liaquat Ali Khan (the ‘dynamo in silk’Footnote 6), and it relied on a core membership drawn from the female relatives of politicians and civil servants. Apart from anything else, this closeness ensured that, at least for most of the time, it threw its organisational weight behind welfare projects involving women and children that the new Pakistani authorities could both sanction and bless. APWA has rightly been criticised for being an elite organisation and consequently restricted in terms of its vision and activities. According to Jalal, the women who concerned themselves with extracting concessions from the state in the years immediately following 1947 belonged mostly to the dominant classes, and it was precisely their privileged background that ensured that APWA's demands would be neither too radical nor too embarrassing for the authorities. In other words, APWA during this period cooperated with the new Pakistani state in order to preserve the class privileges of its membership, and she identifies the restricted origins of this so-called ‘feminist’ vanguard as a decisive factor in how women's issues came to be articulated at the level of the state in Pakistan.Footnote 7
A somewhat less critical assessment of APWA during this early period, however, might give its members more credit than Jalal does for keeping women's issues on the political agenda during difficult nation-building years. While the organisation may not have lobbied for radical change, and was instead prepared on the whole to work within the system rather than to challenge it, women associated with it did help to shape policies that were controversial for the time, certainly as far as conservative or more orthodox Pakistani opinion was concerned. Scholars in the 1960s and 1970s, such as Abbot and then Chipp, while they pointed to the possibility of disagreement among APWA members, suggested that it was primarily APWA's lobbying that led to an official enquiry (the Rashid Commission on Marriage and Family Laws), its 1956 report and later the passing of the Muslim Family Laws Ordinance (MFLO) in 1961.Footnote 8 This interpretation of events has subsequently been reinforced by later writers.Footnote 9 But while APWA members undoubtedly pressed for the reform of marriage laws from the mid-1950s, the picture is arguably more complex than the one presented in the existing secondary literature. Contemporary reactions to the prime minister's polygamous marriage suggest a need to re-appraise APWA's role in relation to the reform of Muslim personal law in Pakistan, for, alongside the close collaboration that characterised dialogue between APWA and the Pakistani authorities, there is evidence of dissent and disagreement, and not just between female activists and the state, but also between women and men, and among women themselves. It is precisely by exploring these complications that light can be shed on wider debates concerning the relationship between women and citizenship that were taking place at this time.
It should be noted that much of the contemporary source material for this exploration is drawn from the pages of the English-language newspapers such as Dawn and the Pakistan Times. Established in Delhi prior to partition by the Muslim League leader, Muhammad Ali Jinnah, and later switching its production to Karachi after independence, Dawn was undoubtedly the mouthpiece of a particular stratum of Pakistani society—that is, an English-speaking western-educated minority, incorporating many migrants from India, who enjoyed a close relationship with the Muslim League at that time along with a disproportionate role within the new bureaucracy and its associated institutions. More or less the same can be said for the Pakistan Times, though it was published from Lahore and was generally more critical of the establishment than its Karachi counterpart. Correspondents and readers of both newspapers were hardly representative of the vast majority of Pakistan's new citizens, yet as a pressure group they exerted an influence that stretched out of all proportion to their numbers, particularly in relation to the decision-making processes of the new state. The fact that so many of those who contributed to what was discussed on their pages about the role of women in 1950s Pakistan were themselves female means that both Dawn and the Pakistan Times also allow us to access what are really quite rare insights into their thoughts and concerns at this time.
The Prime Minister's Second Marriage
On 8 April 1955, the Pakistani press announced that the Prime Minister, Muhammad Ali BograFootnote 10 had married his former social secretary, Aliya Saddy, in Beirut while en route to a meeting held at Montreux of Pakistani diplomats based in the Middle East.Footnote 11 Saddy, a vivacious Canadian-born Lebanese woman, was reported to have met Bogra when the latter had been High Commissioner in Canada. The news caused a great stir in the major cities and towns of Pakistan, though the reaction was most intense in the capital Karachi, seat of Pakistan's central government.Footnote 12 The prime minister's first wife, Begum Hamida Muhammad Ali, like many other politicians’ wives, had become a stalwart supporter of APWA, and many of its members consequently rallied to offer her moral support during what they perceived as her hour of need. On 15 April a large meeting was held, attended by representatives from major women's organisations as well as a number of prominent social workers. President of APWA's Karachi branch, Begum Chaudhri Muhammad Ali,Footnote 13 took the lead, urging that women form a new organisation specifically charged with seeking to safeguard their legal rights. While she acknowledged their collective debt to APWA and was prepared for the proposed board to be affiliated to it, she also emphasised that the new organisation would be totally independent in terms of its actions. The meeting then called for a boycott of second wives, as well as the parents of such women and their relatives, and insisted that the prime minister treat both his wives with complete equality, including their participation in social functions, as Islamic justice dictated. Interestingly, the meeting also presented its criticism in patriotic terms, insisting that the official status of ‘first lady’ should remain with Begum Hamida alone. This was not merely because she was the senior wife, but because ‘she is a Pakistani [and] Pakistani women [would never] tolerate, leave alone recognise, a non-Pakistani as their “first” lady’. Hence, in its view, the prime minister was honour-bound to obey the dictates of both his religion and national feeling.Footnote 14
The following day, a delegation of the so-called ‘feminist leaders’, raising slogans and carrying placards reading ‘Down with Polygamy’, ‘Go Back Aliya Saddy’ and ‘You should Marry a Bachelor’, marched on the prime minister's house, where they delivered a strongly-worded anti-polygamy letter to Bogra (who was not there to receive them).Footnote 15 Meanwhile a meeting held under the joint auspices of various women's organisations, including the Karachi Khawateen Muslim League, the Anjuman-e-Taraqqi-e-Urdu, the Khawateen-e-Pakistan and the Khawateen-e-Anjuman-e-Tablighul Islam, passed a unanimous resolution expressing their resentment over the second marriages of some of the country's politicians, and demanded that the Government pass a law to force polygamous husbands to accord equal treatment to all their wives.
On 22 April the League for the Rights of Women was duly formed. Begum Chaudhri Muhammad Ali was chosen as its President. Sub-committees were established, with Begum Anwar Ghulam Ahmad the chair of its committee on women and family laws.Footnote 16 It was decided unanimously that the League would remain an independent body. Duriya Shafiq, the well-known Egyptian female activist, sent the League a telegram offering it her whole-hearted support.Footnote 17 On 24 April, the women's branch of the Anjuman-e-Taraqqi-e-Urdu issued a statement in which it expressed its indignation over what it viewed as the ‘abnormal increase’ in polygamy taking place in Pakistan, and warned that if people did not resist this trend, then the future for women would be dismal. While grateful for the lead taken by Begum Chaudhri Muhammad Ali, it interestingly deprecated the attitudes of some of those whom it described as the most outstanding leaders of the country.Footnote 18
The protest quickly spread from Karachi to other cities. The Hyderabad branch of APWA, for instance, added its voice to the clamour on 26 April, urging women to launch a strong campaign to fight polygamy.Footnote 19 Likewise, women in Quetta complained about the practice in the press, while in East Pakistan there were calls for the complete prohibition of the practice. Comment in Lahore was also adamant in its criticism of polygamy.Footnote 20 Back in Karachi, on 4 May, Begum Hamida attended an APWA College meeting where she had already been due to preside over its annual prize-giving ceremony. There she reportedly received a lengthy ovation from the large and enthusiastic gathering of Karachi women, some of whom burst into tears when they saw the Begum and succeeded in crying themselves hoarse. Against a background chorus of ‘Hamida Muhammad Ali zindabad’ (long live Hamida Muhammad Ali) together with occasional cheers, she delivered a short presidential address in Urdu in which she praised APWA for its invaluable service in creating the right atmosphere in the country and putting Pakistan on the road to progress.Footnote 21 As it was the month of Ramadan (fasting), an iftar (or breaking fast) party in her honour was organised for 9 May, at the not-inconsiderable, for its time, cost of six rupees per head.Footnote 22
Eventually, on 10 May, a five-member deputation from the League was permitted to meet the prime minister face-to-face. As a result of their 90-minute interview, about which they refused to speak with the press afterwards, the prime minister issued a public assurance on 14 May that he would continue to act fairly towards his first wife, who would be completely free to act according to her own best interests at all times. He also promised to announce during his next ‘first-of-the-month’ Radio Pakistan broadcast to the nation the establishment of a high-powered commission that would consider the need for reform to the country's marriage and family laws and report back within six months of being constituted. On the grounds that their only objective had been to fight for the ‘Islamic rights’ of women, the League's Executive duly accepted the prime minister's offer.Footnote 23 Shortly afterwards, Bogra departed for Indonesia to participate in the Bandung conference, where he may well have been tempted to exchange notes on the whole incident with President Sukarno who, the previous year, had married a second wife and come under a similar barrage of sustained criticism from the Indonesian women's organisation Perwari on the grounds that his was a case of ‘polygamy based on passion’.Footnote 24
Reactions by women in Pakistan to the prime minister's marriage revealed interesting fault-lines. Not all were as quick to criticise his actions as members of the newly-formed League. One early public dissenter was Princess Abida Sultana, heir to the ruler of the Indian princely state of Bhopal, who had migrated to Pakistan in 1949 and had represented Pakistan at the United Nations shortly before the controversy broke. Her response was perhaps coloured by the fact that she enjoyed cordial relations with the prime minister and his new wife. In a lengthy statement to the press, she ‘underscored the rights of women in Islam and concluded that Islam admitted a man's right to take more than one wife, provided the conditions prescribed were met’.Footnote 25 Likewise, she criticised the interpretation placed on the relevant Quranic verses by the protesting women, suggesting instead that those who could not tolerate polygamy were ‘free to make this stipulation in their nikahnama [marriage contract] before marriage or even later if they can influence their spouses to agree to do so’, and adding the comment that the results of western monogamy did not appear themselves to be very attractive.Footnote 26 The impact of her statement was affected, however, by its coincidence with rumours in the press that she was in line to be appointed (by Bogra) as the first female minister in the Pakistan government.Footnote 27 According to Abida Sultana herself, this appointment was eventually shelved on the grounds that, by including her in his Cabinet, the prime minister would have appeared to be rewarding her for support over the matter of his marriage.Footnote 28 Yet, Abida Sultana, despite her high profile, had not been especially active in women's circles, and she had refrained from involvement in APWA or any other women's organisation for that matter. Hence, a statement issued by some one hundred women in Karachi in response to her comments on polygamy rejected any claims that she might have to speak for them: in their words, they did ‘not consider her their true representative and would in the future oppose any move to make her their representative in any capacity’.Footnote 29
More serious, perhaps, for those spearheading the campaign against male access to unregulated polygamous marriage was the stance taken by APWA's founder and life-president Begum Liaquat Ali Khan. As British officials remarked at the time, the agitation against the prime minister's second marriage was led by those among ‘the better educated women of Pakistan who [were] not themselves second wives’.Footnote 30 Individual personal circumstances were thus capable of creating divisions within the ranks of Pakistan's more prominent womenfolk. The Begum, as a second wife herself, was understandably placed in an awkward position by reactions to Bogra's marriage. Abroad at the time—she had been appointed Pakistan's first female ambassador (to the Netherlands) in September 1954—she quickly despatched a ‘discouraging letter’ from The Hague that was published in the national press on 14 May, firmly disassociating APWA as an organisation from the controversy.Footnote 31 Urging women to exercise dignity at all times, she called on the protesters to keep entirely free from, and above, personal attacks on others, and to make sure (in her words), that commonsense and reasonableness prevailed at all times. Hinting at strains that already seemed to be threatening the unity of APWA in her absence, she promised to sort things out when she visited Karachi later in the year: ‘we can all sit down together calmly and take final decisions . . . in the meantime nothing should break up the unity work and good name of APWA’. In her view, it was a matter of principles over personalities.Footnote 32
Some of the responses to the Begum's directive proved to be very supportive. Begum Asghari Rahim, a long-established APWA leader in Karachi, for instance, issued a statement confirming that APWA was in no way connected with the ongoing agitation against polygamy. Instead, she stressed, it was an entirely separate body—the League—that had been conducting the campaign, and hence, while some APWA members might be involved in their individual capacity, APWA as an organisation had nothing to do with it. In fact, according to her, ‘the APWA Committee [had] decided against taking up the issue of polygamy in the form and manner in which it has been done’.Footnote 33 In reply, supporters of the agitation felt the need to clarify whether or not they were conducting the kind of personalised attacks for which Begum Liaquat Ali Khan and others had criticised them. In a letter dated 20 May, a less high-profile campaigner, Arshia Alwi explained that,
We the women of Karachi have formed a board which has decided to work independently. Our aim is to demand the Islamic rights of women in Pakistan (APWA as an association has not been working for our rights). The question of polygamy suddenly crept up after the second marriage of our Prime Minister. It is neither the question of “individual” nor a “personal attack”. Thousands of women have been ruined on account of second marriages, and women are suffering from misery and pain. These women feel their rights have not been protected. We the women of Karachi do not attack personally but we appeal to our Leader for the protection of these rights, and being a leader of the Nation not to take such action which weakens our status. There is a great difference between an ordinary individual and a ‘Leader’. The Nation expects all good actions from a ‘Leader’. The example of a ‘Leader's’ life furnishes the Nation a model which the Nation should follow.Footnote 34
Begum Liaquat Ali Khan's concern that personalities should not override principles was perhaps not so surprising bearing in mind the extent of personal criticism that she, together with her husband, had received for her public activities in earlier years.Footnote 35 Yet, as a second wife herself, she was not comfortably-placed to condemn others who had undertaken polygamous marriages.
Women as Symbols of Community Identity
Polygamy in Pakistan in the 1950s, however, was not widespread. Rather, it had always been a restricted practice amongst South Asia Muslims, with only a small proportion of marriages ever falling into this category. Even so, by the end of the nineteenth century polygamy had fallen under the scrutiny of reformers addressing the ‘plight’ of Muslim women and the possible adjustment of Muslim personal law. With the decline of formal Muslim power in British India, the home—so-called private space—and those who occupied it—women—came to assume an enhanced significance in the eyes of many. Indian Muslim reformers across the religio-social spectrum identified a common need to enhance community identity through processes that prioritised the private sphere, which, for them, represented the one place that remained firmly under Muslim autonomy.Footnote 36 Fashioning a reformed Muslim woman, who was as competent when it came to her religious duties as her male counterparts and who could be called upon to defend the wider interests of the beleaguered community to which she belonged, became all-important. Knowledge was central to this process, whether this meant women becoming the equivalent of a male ‘alim as far as religious expertise was concerned, or whether it involved increasingly accessing new western-style forms of education via schools and colleges.Footnote 37 For some reformers, women could perform their revised duties while still observing a purdah, or secluded lifestyle. For others, the logic of reform demanded greater interaction with people, both male and female, outside the home.
For such reformers, polygamy represented an additional pressing problem that required action in order to strengthen the legal position of Muslim women within their communities, as well as to silence critics who argued that the practice reflected, and confirmed, the second-class status of women within Islam. They blamed the distortions of tradition and custom for the fact that, while safeguards existed within Islam to limit potential male abuse of this right to be married to four wives simultaneously, these could be disregarded by men at women's expense. Thus, ‘modernising’ Islam, along with Muslim society, was presented as the eradication of un-Islamic practices, rather than as any rejection of Islam itself. So far as polygamy was concerned, this meant calling for legal limits on the male prerogative, with proposed changes usually presented as being in line with the spirit of Quranic teachings.Footnote 38
To begin with, it tended to be male advocates of reform who raised these issues in public. But during the first decades of the early twentieth century, whether in specifically Muslim organisations such as the Anjuman-i Khawateen-i Islam (f. 1908) and the All-India Muslim Ladies’ Conference (f. 1915), or in the cross-community All-India Ladies’ Association (f. 1918), Muslim women from different points along the ‘seclusion spectrum’ participated in forums where they discussed enthusiastically the question of women's rights, including whether or not there should be restrictions on polygamy. Rather than seeking to reject the practice altogether, however, they preferred to minimise its negative effects.Footnote 39
The first recorded occasion on which a Muslim women's organisation made a public statement on the matter of reforming this aspect of Muslim personal law was as early as 1918, when, as Minault has highlighted, the annual meeting of the Anjuman-i Khawateen-i Islam, attended by more than 500 women, passed a unanimous resolution criticising the way in which polygamy was practised in India for being ‘against the true spirit of the Quran’. The arguments used by these women were not particularly novel: for instance, like male reformers before them, they emphasised that it was impossible for a man with multiple wives to treat all of them equally and hence that he should marry only one. But, as Minault points out, what is interesting is that a number of male reformers, who personally opposed polygamy and had themselves earlier used similar kinds of criticisms of the practice, expressed outrage that women had dared to speak so publicly on the issue. Indeed, the Anjuman's resolution generated such an outcry within the Indian Muslim press of the day, that those who had drafted it were forced to defend themselves against accusations that they had been unduly influenced by the western women with whom they may have come into contact. In the end, the organisation was able to resist calls to jettison the resolution, but equally it did not proceed to lobby actively in its favour. It was only after independence, with the creation of the Muslim state of Pakistan, that the issue became the subject of a campaign that was pursued, to a very large extent, by women drawn from similar kinds of backgrounds to those who had been active within the Anjuman a generation earlier.Footnote 40 But with a state for Muslims—Pakistan—now in existence, the circumstances, if not the arguments deployed, had shifted decisively.
Muslim separatist politics of the 1930s and 1940s courted the support of Muslim women. League leaders such as Jinnah were very aware of the value of drawing women into the movement for a ‘Pakistan’.Footnote 41 Hence his well-publicised backing for a resolution moved at the League's 1938 annual session that argued for opportunities to enable women to participate in the development of the ‘Muslim nation’, and called for more Muslim women to take part in ‘nationalist’ activity. As he put it,
no nation [could] make progress without the co-operation of its women. If Muslim women support their men as they did in the days of the Prophet of Islam, we should soon realise our goal.Footnote 42
Meanwhile, Jinnah's involvement in securing the passage of the Shariat Application Act of 1937—which targeted the customary laws depriving Muslim women of their inheritance rights with respect to immovable property—meant that, even if it achieved little in terms of concrete change, a growing number of supporters of the League became convinced that his vision of ‘Pakistan’ offered Muslim women a better, brighter future, as far as their rights as enshrined in Islamic law were concerned. Likewise, the Muslim Dissolution of Marriage Act of 1939 further reinforced awareness of the possibility of challenging existing interpretations of religious law in order to improve the relative position of women vis-à-vis that of men.
For historians of women's lives in colonial India, the years from 1896 to 1947 have been characterised as a period of awakening. It was during this half century that boundaries for acceptable female behaviour were re-drawn, at least for women from elite family backgrounds. Social work, that was often later ‘looked down upon by women activists as something indulged in by the rich and as an activity that militates against a struggle for rights’, was one kind of respectable concern that allowed some elite Muslim women to widen their horizons and escape the apparent confines of their homes.Footnote 43 Once they had crossed the threshold in this way, it was not surprising that against a backdrop of nationalist struggle their activities became more overtly political, with parties such as the Muslim League keen to make them symbols of the Muslim ‘nation’. By the time that the Second World War was over, with the noticeable advance in support for the League's Pakistan movement in Muslim-majority provinces of British India, female participation had certainly increased. Just as in Egypt and Iran earlier in the century, where campaigns for political change linked with nationalism had brought women out on the streets, so Muslim women took part in pro-League demonstrations in the run-up to independence. Willmer has described the appearance of female supporters of the League on the streets of Lahore during the winter of 1946–47 as the first mass public mobilisation of Muslim women anywhere in pre-independence India.Footnote 44
Like nationalist movements in other parts of the world, the Muslim League regarded the ‘mothers (and perhaps sisters and daughters) of the nation’ as a natural constituency that could be mobilised to good effect. But by appealing to Muslim women for their support along these gendered lines, Jinnah and other League leaders were asking them to add their weight to a political movement that had come to speak for a growing proportion of their menfolk. Hence, while Jinnah's words may have encouraged women, it does seem that he and his colleagues did not expect them to deviate from the path already identified for them by their male counterparts. In other words, it was assumed that they would accommodate, if not subordinate, their needs to the demands of the community as a whole, and, in effect, be content that, in this way, their rights as Muslim women would be enhanced and protected. Either way, Jinnah, in the final run-up to independence and partition, frequently discussed the need to awaken and harness Muslim women's political consciousness, while leading female Muslim League activists emphasised just how aware Muslim women were of their responsibilities, and just how impatient they were for Pakistan.Footnote 45
Jinnah, as Pakistan's first leader, continued to appeal to women to play their part in helping to consolidate the new state following its creation in August 1947. Groups of well-connected women duly emerged to oversee the provision of practical and moral support for the large numbers of distressed and often destitute refugees produced by the enormous dislocations involved in Partition. Just as on the Indian side of the new border, the urgent need for ‘social work’ presented women from privileged backgrounds with the opportunity to extend their former philanthropic concerns into new areas of activity, sanctioned by the argument that they were acting in the interests of the nation and its new, needy, citizens. The Pakistan Women's Volunteer Service (PWVS) set up by Begum Liaquat Ali Khan soon after independence channelled this involvement into rehabilitation and nation-building work. Under the PWVS banner, groups of women in the Punjab, the province in West Pakistan most directly affected by the violence and dislocation of Partition, emerged from their homes and involved themselves in the day-to-day challenges of organising relief in refugee camps, collecting and distributing food, clothing, blankets, medicines and money; running and helping in clinics and hospitals; and opening and operating dispensaries, schools and what came to be known as industrial homes. One of the specific tasks that they undertook was to arrange the marriages of unattached women in refugee camps with the aim that ‘no woman left the camp single’.Footnote 46 Whereas the Pakistan Women's National Guard (PWNG) and the Pakistan Women's Naval Reserve (PWNR), formed in January 1948 and June 1949 respectively, aimed to train their members in the basics of nursing, physical fitness and methods of defence, and were sometimes criticised for allowing women to march with their heads uncovered, the PWVS received generally good reports, largely because its social welfare work was viewed as the natural extension of a woman's domestic role.Footnote 47 Newspapers of the time frequently praised the good deeds performed by these ‘social workers’ or ‘gallant ladies’, without whose assistance, so it was claimed, ‘the stupendous task [of recovering abducted women] could not have been successfully tackled by the authorities’.Footnote 48
However, that this female activism was not completely accepted—or given the backing that these women expected—was highlighted by the formation of APWA on 22 January 1949, in large part, as Jalal has suggested, as a ‘protest’ against the exclusion of women from the inner circles of Muslim League party organisation.Footnote 49 It may have become permissible for respectable women to participate in relief work. It was less acceptable for them to take on a more overtly political role. All the same, APWA's ‘Life President’, Begum Liaquat Ali Khan repeatedly stressed that the primary duty of Pakistani women was,
to work towards the defence, development and betterment of the country . . . this [was] not the time for [them] to sit quietly in their homes. They [had] to come out of their homes to learn to work and then teach others to do so.Footnote 50
The resolutions passed at APWA's first meeting called for free and compulsory primary education for women; a women's bureau to collect statistics on working women; maternity and child welfare centres; a college for nurses and a prohibition on children begging. More generally, the meeting made it clear that Pakistani women, in their different ways, were expected by APWA to ‘fight till the end’ to defend Pakistan's interests. On the one hand, the status of women had to be enhanced if Pakistan was going to be able to claim to be a modern Muslim state. On the other hand, women's rights clearly had to be articulated in such a way that would not undermine the ‘Muslim-ness’, or Islamic identity, of the new state, since this was after all the basis on which its creation had been supported and sanctioned.
There is little question, as suggested earlier, that APWA represented narrow class interests. Begum Liaquat Ali Khan after all was the wife of Pakistan's then prime minister, and, until her husband's assassination in 1951, APWA's national committees regularly met in their family residence in Karachi.Footnote 51 The close ties between APWA and the state were also reflected in its organisational framework which developed into what was almost a parallel bureaucratic structure of officers and organs: that is, namely, Patron, Founder Life President, Governing Body, National Chairman, Chairman of the National Executive Committee, National Executive Committee, Regional Units, Overseas APWA Units and Affiliated Bodies. The Patron, for instance, had to be the wife of the head of state, or the head of state himself could be invited to assume this honorary position. Similarly, the governor of each of Pakistan's provinces became APWA's local patron, while the wives of the chief administrators in each district nearly always were honorary chiefs at the grass roots level.Footnote 52
Thus, while APWA was not an official organisation, the extremely close links that it possessed with governments of the day affected how it interacted with the state and what it interpreted its duties to be. Throughout this early, transitional period, Begum Liaquat Ali Khan consistently stressed APWA's national responsibilities. For her, it was women who could do the most to make or break a nation. Taking advantage of opportunities such as that provided by the annual commemoration of Jinnah's death, APWA would hold meetings at which appeals were made to the women of Pakistan to create ‘faith, unity and discipline’ among their ranks, and to be ready always to serve the country.Footnote 53 APWA's authority, however, did not go completely unchallenged. Jinnah's sister, Miss Fatima Jinnah, often referred to as Madar-i Millat (Mother of the Nation), maintained a more than discreet distance from the Association, and concentrated instead on acting as the country's conscience when its rulers seemed to be deviating from what she regarded as her brother's vision, for instance rallying people during times of crisis (such as when flooding periodically hit East Pakistan or the Punjab) and heading up Pakistan's girl guide movement.Footnote 54 From the outset, hers was a more overtly confrontational stance, and she was prepared to berate politicians in ways that APWA's leaders were generally loath to do.Footnote 55 APWA's activities also generated opposition from among more orthodox or conservative Pakistanis. Just because APWA's members operated with the blessing of the state did not protect them from being criticised harshly for the challenge symbolised by them to perceptions of correct moral behaviour:
Begum Liaquat Ali and other women who did not wear the veil were referred to as ‘prostitutes’ by the Majlis-e-Ahrar . . . while other . . . Islamic parties . . . also viewed them with disapproval, for [they] were seen as a lobby promoting women's azadi, literally meaning freedom but commonly used for waywardness.Footnote 56
Challenging Purdah
Much debate during Pakistan's early years, thus, centred on the question of the appropriate public role for women in this new Muslim state. Initially, it was the practice of purdah that fell under the spotlight, in particular whether or not it was the correct ‘patriotic’ practice for women to follow. As one columnist in Dawn made it clear in January 1948, Pakistan's creation had raised complex and perplexing questions for women:
Should we, the women of Pakistan, continue to veil our faces and take a back seat, or should we cast aside the burqa and its restrictions and prejudices and step forward to claim our rightful place as equal partners of our men folk in the service of our nation? The task is not as easy as it may appear. Often it is not within our power to decide whether we should go veiled or not. Men have a great deal to say on the matter and as we are both socially and economically dependent upon them, their word is law in the majority of Pakistani households. The very fact that the more intellectual among the males are the more zealous supporters of our anti-purdah drive, while the most relentless opponents are generally uneducated, narrow-minded and reactionaries should encourage us to proceed with our fight . . . For the nation to rise to its full stature, men and women must march side by side. . .. The dearth of women in the humanitarian and social services is not because they are not capable of doing work, not because they lack the intellect to qualify for degrees, not because they are mentally inferior. The sole reason for this backwardness is purdah and the restrictions on our movements which it entails. Some have abused their freedom and have adopted more obnoxious western habits such as smoking, drinking and dancing. They are a heavy liability more than an asset. We should use our freedom not for social or moral excesses but in social services and intellectual pursuits. Even when we shed the veil, we should remain true Muslims at heart.Footnote 57
The arguments presented here by Zaibunissa Hamidullah, who became a regular contributor to Dawn writing frequently during the early 1950s under the by-line of ‘Thru’ a Woman's Eyes’, underlined some of the complications involved in the debate.Footnote 58 As her columns made clear, the practice of purdah was under attack as ‘unpatriotic’, but the fact remained that women were still expected to monitor their own behaviour so that they did not compromise their moral—that is Muslim—credentials in pursuit of a more active—public—lifestyle.
Indeed, throughout the years following the creation of Pakistan, a great deal of heartfelt discussion took place on the pages of newspapers such as Dawn on how to overcome the restrictions that purdah placed on women's activities, while at the same time ensuring that they would be able to preserve their respectability. In a lengthy article published in Dawn in September 1951, for instance, the female contributor in question, Masudah Jawad, wrote in response to what she perceived as a critical American report on Pakistani women's ‘enclosed lives’. Instead she emphasised ‘the achievements of our women’ who ‘do not just live in closed houses!’:
Pakistani women are in no way different to her [sic] . . . western sisters. You meet her as physician and surgeon, active and intelligent—working hard to save the lives of thousands.
Not surprisingly, since Dawn was a newspaper with many close links to the new political and bureaucratic establishment, Jawad praised the sterling role taken by the Pakistani government to enhance female education. Yet, despite having boasted enthusiastically about the range of public roles that were now being undertaken by women, she still felt it necessary to conclude with the following comments:
Pakistani women are coming out of purdah, they are present in all social and state functions. They are charming with reserved aimiable manners, and are aware of all the important happenings in the world. They are [thus] fond of outdoor life, but their real place is in the home. She is a wife and mother first, and then anything else. Her foremost duty is with her children and our future generation on whose shoulders will rest the future development and progress of Pakistan.Footnote 59
The public airing of these kinds of opinions in Dawn underlined how far Pakistani women (like those in other parts of the world where nationalist struggles had produced new nation-states) carried a double burden: they were expected to be dutiful, energetic citizens of the new state to which they now belonged at the same time as remaining true to their womanly and religious responsibilities.
Dawn's letter pages allowed for discussion to take place between its readers (or at least this was ostensibly the case—the identity of those who wrote in anonymously cannot be verified). Again in 1951, for instance, the wearing of the burqa came under the spotlight, with an anonymous ‘Begum’ arguing that the Quran did not require of women the kind of covering that burqas provided: in her view,
the burqa, which is certainly unhygienic and used as a smokescreen for evils, must be abolished as it not only hinders the progress of women . . . but a large number of them are today victims of diseases like TB and typhoid which is only due to purdah.Footnote 60
She went on to criticise the ‘few idle women who have taken a fancy to wearing burqas for fashion's sake to cause attraction by putting on a thin muslin piece to make their faces look more pretty than ever’. More seriously perhaps, she asked why women had to suffer in agony wearing the burqa ‘on account of the weakness of certain men who think that unveiled women are a source of temptation to them and put forward baseless arguments that purdah alone checks immorality and maintains chastity’. Instead, she called on women to give up purdah in order to ‘freely help our state in these days of trial, by doing all the jobs they possibly can to help to save the country from outside attack’.Footnote 61 Personal well-being combined with the security of the state to make purdah a thing of the past.
Such letters as these plugged away repeatedly during this period at making connections between, on the one hand, a more active, less physically restricted, role for women outside the home and, on the other hand, the needs of the nation. It was the latter that, to a great extent, were deployed to legitimise the former. In another contribution to the burqa debate, a Mrs Shireen Mirza from Karachi, had the following points to make:
I have exhausted my patience reading articles on purdah and the burqa, mostly contributed by men. Lofty ideas and noble sentiments. Flattering indeed, some of them. [But] since men are deciding the moral and social evolution of their women folk, may I remind them that no matter what they might write or think, nothing is going to stop her from the course that she has set herself. If she chooses to remain in purdah, nothing will bring her out; if she is out of purdah, she will remain out no matter how many articles may be printed against her freedom. I would like these men to know that the greatness of our country lies not in financial stability alone, but in its tolerance . . . tolerance towards those who do not think like them. . .. Since men are taking so much interest in our welfare, may I ask why they have not thought of writing about having a home for unwanted babies? Why don't they clamour to form a decent Widows’ Home? Why don't they go to the Refugee Camps and see the sad plight of their women folk whom they want to keep in purdah? Why not let the women decide for themselves, after all they wear the ‘burqa’ and they observe the ‘purdah’. It is their problem, which they solve for themselves. The less interference from men the better!Footnote 62
In late October 1951, the Prime Minister, Liaquat Ali Khan, was assassinated. This national loss was keenly felt by many female activists associated with APWA because of their close personal connections with his wife, their ‘leader’. Their identification with her personal sorrow was reflected in a collective grieving process, in which many participated, both physically by attending mourning ceremonies at her home and symbolically by what they had to say on the pages of sympathetic publications such as Dawn. In her ‘Thru’ a Woman's Eyes’ column that described in some detail the female mourners who assembled at Begum Liaquat Ali Khan's home, Zaibunissa Hamidullah referred repeatedly to the Begum's manner. Stoical and calm, courageous and admirably composed in her grief, Hamidullah painted a portrait of the Begum as a woman of whom the nation—and Islam—could be proud. In other words, she symbolised the extent to which all Pakistani women needed to be prepared to make sacrifices on behalf of their country—their sacrifices might be somewhat different to those of men, but they were required all the same.Footnote 63 Begum Liaquat Ali Khan herself reinforced this image by the press statements that she issued at this time, in which she vowed to devote herself to the service of her nation with even greater vigour and determination, and called on other women likewise to redouble their efforts in the field of social work.Footnote 64
Women as Citizens
The call for Pakistani women to widen their public horizons, however, was not limited to social issues or individual mobility. What is interesting is how over the period from the late 1940s into the early 1950s, it gradually extended into the more overtly political sphere as well, where it became closely linked to wider debates that were taking place on the subject of citizenship. Although it took until 1956 for Pakistan to put together its first constitution, it was generally taken for granted that Pakistani women would receive the vote—universal adult franchise was assumed to be an integral part of Pakistan's new political framework—so, unlike other places in the world, where there was no automatic guarantee that women would receive the right to vote when independence took place, Pakistani women did not need to agitate in order to acquire this specific and very fundamental aspect of citizenship. Instead, what became increasingly important to female activists during the early 1950s was to ensure that women would be empowered to participate on the same political terms as men: as equal citizens, they had to be part of the same political equation as men. In particular, concern centred on the number of women in the Constituent Assembly that was functioning as the de facto national legislature as well as the body charged with producing a constitution for the new state.Footnote 65
By the early 1950s, while the provincial legislative assemblies contained a handful of women, there were only two female members of the Constituent Assembly, namely Begum Jahanara Shahnawaz and Begum Shaista Ikramullah. Both women, belonging to well-established political families, had been politically active before 1947.Footnote 66 They had then proceeded to lobby vigorously after independence to secure the 1948 Shariat Bill that represented at least a symbolic achievement with its recognition of women's right to inherit property including agricultural lands. But while the bill came into effect in 1951, its impact in practice was limited by efforts to circumvent its provisions made by those whose interests it adversely affected.Footnote 67 Anyway, by 1951, as discussion in the Assembly over future constitutional arrangements gathered pace, including the question of restructuring the political balance between East and West Pakistan, the paucity of female involvement at the highest level within the country's political decision-making process had become untenable for an increasing proportion of female activists. As a letter to Dawn from Begum Soghra Raza reflected, there was growing impatience for greater female representation at this level:
Muslim women did not in any way lag behind men in playing their part in the great Muslim nationalist movement which culminated in the establishment of Pakistan. Again during the last four years of our independent national existence, women have worked with the utmost zeal and energy to create general awakening and to promote the social, cultural and economic well-being of the people. Pakistan being a new state faced a host of problems concerning the uplift of its female population, it is imperative that women should have a more effective voice in the country's legislature. It is self-evident that points of view, needs and grievances can best be represented in the legislature by ladies who have worked among the generality of women and have gained experience of their problems.
Accordingly, she called on the Central Parliamentary Board of the Pakistan Muslim League to select at least one suitable ‘lady candidate’ for what were then six vacant Constituent Assembly seats.Footnote 68 But her pleas fell on deaf ears, and by the time that the Assembly was dismissed in October 1954 there had been no increase in its female membership.
1954, however, proved to be a significant year as far as discussions about connections between women and citizenship were concerned. The unsettled political atmosphere created by discussions over the constitution and the holding of elections in East Pakistan in the spring raised dilemmas for APWA and its policy of distancing itself deliberately from overt political activity. Hence, Begum Aminullah, wife of the Punjab Governor and APWA member, in her speech to the Purdah Club in Lahore in February 1954 tried to re-assert that the Association was most definitely not a political organisation: its primary sphere of interest remained, improving the circumstances of women and children. Yet, ‘though politics was not their field’, she considered it ‘imperative’ that women clearly understood the meaning of democracy and exercised their right to vote ‘properly’. She conceded that it had now become APWA's responsibility to bring home to women their duties as ‘good citizens’, and arouse in them ‘a real political consciousness’.Footnote 69 ‘Good citizenship’ was the objective similarly stressed by Begum Liaquat Ali Khan at a large gathering of women organised by the Karachi branch of APWA as part of its ‘Founder's Week’ programme later the same month. Women, she argued on this occasion, had an important part to play in making citizenship an active, efficient and dynamic force, not just a remote, ill-understood or passive ideal.Footnote 70 Likewise, APWA's annual conference held in Sukkur (Sindh), again in February, stressed the need to cultivate what it termed ‘responsible citizenship’ among the nation's womenfolk, and it urged the Pakistani authorities to bring in experts from abroad to train a cadre of women in leadership to work in the field of not just social but political rights as well. Indeed, it could be argued that the Sukkur meeting marked the beginning of efforts to expand APWA's work from its emergency beginnings to the more enduring task of building up ‘an active and intelligent public opinion on the side of a better life and a better nation’.Footnote 71
To many of those who participated in these debates of the mid-1950s, it was very important that Pakistani women, as equal citizens, should enjoy the same rights as Pakistani men. Just as custom and social conservatism were believed to prevent them from playing a full part in the political life of the nation, so these same factors were blamed for undermining the position of women in other ways. It was precisely in this context that disquiet had already surfaced among some female activists over the question of polygamous marriages well before Bogra's marital faux pas hit the headlines. Not surprisingly, however, they presented their arguments on the subject primarily in terms of what would be best for the nation.
In February 1954, in an open letter to the prime minister (by then Bogra), leading APWA organiser, Begum Anwar Ghulam Ahmed spelt out in no uncertain terms what she regarded as the long-overdue need for reforming marriage laws. Despite more women entering the professions, marriage continued to be their generally accepted career ‘option’, and so, according to her, the gravest danger to the well-being of the Pakistani home, and by extension the nation, was the ‘unintelligent operation’ of existing marriage laws:
The woes of a large number of women—and the indignities they suffer (physical, mental and financial) at the hands of wayward husbands are appalling. Divorce and polygamy hang over the heads of Muslim women as an ever-present and disruptive menace. The erstwhile mistress of a home can, without reasonable cause, be turned into a destitute through an irresponsible divorce or reduced to a chattel in her own home by the husband contracting a second marriage.
Since, in Begum Ghulam Ahmed's view, the security of the home had to be preserved for the nation to develop and prosper, she urged the government to set up a commission, comprising eminent jurists as well as women's representatives, to produce recommendations on the reform of Muslim personal laws.Footnote 72
The same kind of argument, albeit delivered in a more spirited way, appeared on the pages of Dawn at the end of 1954 in response to the call by a female member of the Punjab Legislative Assembly for a bill that would require judicial consent before a man could be allowed to contract a polygamous union.Footnote 73 Under her ‘Thru’ a Woman's Eyes’ by-line, Zaibunissa Hamidullah proceeded to highlight the extremely strict conditions demanded by Islam before a man was allowed to put into practice what she described as ‘his polygamous instincts’. In Pakistan, however, it had become more
in the nature of having a cake and eating it. In other words, our men are modern and progressive to the extreme when it suits them and yet they feel no compunction in claiming polygamy in religion's name when they desire it. If our mullahs married again, we would have no grouse. After all they believe in what they're doing for they live their lives (at least we'd like to believe so) strictly according to the tenets of Islam. . .. But it is quite a different story when we come to our modern gentlemen. Here we have reason to doubt, and what's more, resent their actions. In the first place, most of them are Muslims only in name, using Islam as a convenient cloak to shed on and off at will. In the second place, they obviously and very openly treat their wives unequally. Indeed, the poor dears dare not do otherwise for wife number 2 is generally a shrew (albeit sweet) who makes it crystal clear right from the start who's going to rule the roost.
What was called for, she argued, was not any change to the laws of Islam, nor their discarding, but rather their full enforcement: if a man was to marry a second wife, it had to be done properly, and be vetted by a board of mullahs, with a court of appeal to which first wives might turn for support. Interestingly, Hamidullah refrained from placing all the blame for plural marriages on men alone. Women also had to take responsibility for the problem, particularly those second wives who considered themselves as progressive, educated and enlightened, and who as a consequence were, in her view, even worse than their polygamous husbands.Footnote 74 As she reminded her readers, citizenship was not only about rights, but about exercising responsibility too. Women had to make it
a rule of their life to deny all social and political importance to second wives, however highly placed they might be. Such a clause could easily be incorporated into all the social and political bodies in Pakistan.Footnote 75
Towards the end of 1954, APWA as an organisation was drawn more directly into the discussion over polygamy when its ‘Status of Women’ Committee, concerned by an apparent rise in the number of second marriages, called for drastic revision to the country's marriage laws. Pressure to reform Pakistan's marriage laws received a further boost when the Egyptian female activist Duriya Shafiq paid a short visit to Karachi in January 1955. During her stay, during which she met APWA members as well as Fatima Jinnah, she called for the complete prohibition of polygamy, describing it as a traditional practice that had nothing to do with religion: asserting the close links between women and the nation, she underlined that it was only ‘when women are free, the freedom of a country is ascertained’.Footnote 76
Shaista Ikramullah (by now an ex-Constituent Assembly member) took up the issue herself not long after. Describing the increase in second marriages as an ‘epidemic’, she called for public opinion to turn against polygamy backed by legal measures to reduce the suffering of first wives. In her view, the establishment of Pakistan had had a lot to do with the current problems. It had brought about a rapid rise in social position for many men, who consequently felt that their existing wives were not suited to playing the role demanded of them by their husbands’ new positions. Hence, it had become ‘incumbent to have a new wife to go with the rest of their newly-acquired possessions’. It was not just second marriages that worried her, however. She was also concerned about the increase in the number of divorces taking place, and called for amendments to existing divorce laws in order to make it less easy for men to rid themselves of unwanted wives. None of this reform, she emphasised, was against Islam. Rather it was absolutely in accordance with it. As Ikramullah asked,
Why should men have the best of both worlds, enjoying the facility of easy divorce according to Islamic law, while ignoring Islamic injunction regarding everything else in connection with marriage and divorce?Footnote 77
APWA itself next addressed the question of the status of women, including the specific problems posed by polygamy, at a conference that it organised in Karachi in February 1955. Although it expressed satisfaction that women in Pakistan enjoyed equal rights to men in the political field (at least as far as the franchise was concerned), it advised women to exercise their voting rights in such a way that ‘really deserving’ people were elected. It also called on the government to ensure that marital disputes in courts were resolved more quickly. While it acknowledged that the status of women derived from a combination of both written laws and unwritten, but equally binding, rules of custom, usage and convention, it blamed the latter for the comparatively low status of Pakistani women. However, with a female literacy rate of only four percent, however well-placed women were, legally-speaking they were bound to remain ignorant of their rights. Hence, the meeting demanded further educational provision for girls, including free schooling up to matriculation irrespective of family income.Footnote 78
But the focus on polygamy that took place at this conference exposed the extent to which there were already noticeable differences of opinion within APWA ranks before reactions to Bogra's second marriage underlined them still further. A speech delivered by Begum Asif Islam on its second day, for instance, argued that the most effective and lasting safeguard of women's rights lay not in banning polygamy but rather in inculcating a true Islamic spirit and fear of God. Mothers had to mould the outlook of their children along these lines. In this way, not only would the evils of polygamy be rooted out, but other corrupt practices that had become rampant would be eradicated.Footnote 79 Begum Islam also included a plea for special treatment of the problem in East Pakistan where she claimed that there was an excess of women as compared with men. Not all the delegates agreed with her on this. Indeed, as some noted, the 1951 census figures had revealed a shortfall of women (1101 men for every 1000 women), and so Begum Islam was accused of seeking to justify polygamy in the eastern wing of the country. Instead, her critics pointed out, if ‘happy homes were to be built for the growth of a healthy nation’, and ‘if reform [was] sincerely desired’, then polygamy had to be prevented by law, ‘otherwise the colossal misuses by men will not be reduced or removed’.Footnote 80 Another delegate, Begum Rashida Hamid, similarly argued that although the Quran allowed polygamy under exceptional circumstances, it was now necessary to ban it legally because of the way it was disrupting many formerly happy homes.Footnote 81 Only with a drastic revision of the country's marriage legislation, would women be able to ‘play their part in the national life . . . shoulder to shoulder with their menfolk’.Footnote 82
Thus, it was against this background of animated discussion centring on polygamy within the wider context of establishing and enhancing women's rights as ‘Pakistani citizens’ that Bogra's second marriage took place. And while the outcry against Bogra's actions died down to some extent following the meeting between the prime minister and the League for the Rights of Women and his promise to set up a commission of enquiry, the controversy over the broader question of citizenship did not go away. The dissolution of the first Constituent Assembly that, as mentioned earlier, had taken place in October 1954 meant that a new body had to be formed to take its place. This in turn renewed attention on the extent of female representation among its members.Footnote 83 Shortly before the marriage furore, in March 1955, a meeting of various women's organisations in Karachi, held under the auspices of the Karachi Khawateen Muslim League, had called for women to be given separate representation in any forthcoming constitutional commission.Footnote 84 But in June 1955, when members were selected for what was initially intended to be the new ‘constituent convention’ but which later reassumed the name of ‘Constituent Assembly’, not a single woman was returned from any of the electoral colleges involved in this process.Footnote 85 Female involvement in the national body charged with finally producing Pakistan's long-awaited constitution thus plummeted from a meagre two in 1954 to zero the following year.
The Muslim League's Khawateen Sub-Committee lost little time in signalling its obvious disappointment:
We strongly condemn the women MLAs of the Punjab who in spite of assuring the Muslim League Parliamentary Board did not vote for the official woman candidate . . . we consider the authority of the Muslim League Parliamentary Board final in this matter and insist on the principle of women voting for women within the party mandate, specifically when they are elected solely on women's votes.Footnote 86
Begum Liaquat Ali Khan cabled the Governor-General, Ghulam Muhammad, from The Hague. While she took pains to emphasise that she was not criticising her government, she expressed profound shock at the omission of women from Pakistan's re-formed constitution-making body. The Governor-General, as APWA's patron, was the only person, she believed, who could constitutionally do anything to rectify the situation.Footnote 87 Echoing her leader's arguments, Begum Akhtar Hussain from Karachi highlighted the problem for more public consumption,
When the population is not fully represented in the true sense, the popularity of the Constituent Assembly must become doubtful. Women must have a voice in the law-making of their country, especially when the question of their rights is involved. If at the very outset they are ignored, how can they hope to get justice in matters concerning them?Footnote 88
A range of women's organisations added their voices to the criticism of the government. The Executive Committee of the League for the Rights of Women expressed its ‘deep regret’ at the absence of female representatives: Begum Abdul Hafiz, General Secretary of the Women's Refugee Rehabilitation Committee, appealed to the new members of the Constituent Assembly to elect two female members (one representing East Pakistan, one representing West Pakistan): Begum Najma Jafari, convenor of the Anjuman-i Tahafuuz Huqooq-i Niswan, deplored in even stronger terms women's non-representation, and urged women of the country to come forward to fight for their democratic rights: the Professional and Business Women's Club likewise called for special provisions to ensure that women took their place in the Assembly.Footnote 89 A gathering of the representatives of women's organisations that was brought together in Karachi by Begum Haroon, APWA's acting President, cited Jinnah—‘let it not be said that women have lagged behind and failed to do their duty'—in support of its demand that the government rectify its error.Footnote 90
Discussion about the role of women in the second Constituent Assembly, together with developments that were taking place in relation to the actual drafting of the constitution, stimulated further demands for any forthcoming arrangements to address their needs specifically. Accordingly, a meeting of the ‘Women's Rights Committee’ that was held in Lahore in August called for 15 per cent representation for women in provincial assemblies and 10 per cent in the national Parliament. Its 10-point memorandum to Constituent Assembly members emphasised the importance of Pakistani women not suffering from any inequality within the proposed constitution. Instead, they should be given the right to vote, and participate, in all elections in ways that allowed them an equal footing with men. It also pleaded for the introduction of all internationally-accepted facilities for women workers, and that ‘the fair sex’ be given their proper share at all levels within the (proposed) One Unit set-up.Footnote 91
By the autumn of 1955, the political situation in Pakistan had moved on still further. Political manoeuvring, accelerated by Ghulam Muhammad's replacement as Governor-General by Iskander Mirza, had resulted in a Muslim League-United Front coalition assuming office and Bogra's replacement by Chaudhri Muhammad Ali.Footnote 92 Sufficient votes were then mustered in the Constituent Assembly to bring about the merger of the provinces of West Pakistan into ‘One Unit’ on 14 October.Footnote 93 Now that the central government had resolved this ‘provincial’ issue to its satisfaction, the focus shifted to the actual content of the proposed constitution. Women's groups lobbied hard, even if it felt at times fruitlessly. As one activist later explained, their protest was just as much about protecting the rights that women already possessed as obtaining new ones: in Begum Jalil Asghar's words,
[R]ights [had been] won by [women] under the guidance of Quaid-i Azam [Jinnah] and Quaid-i Millat [Liaquat], and women [who constituted 47 percent of the country's population] under no circumstances [were going to] surrender them.Footnote 94
In late October, a 12-member delegation representing the ‘United Front of Women for Freedom and Protection of the People's Rights’, led by the veteran activist (and former President of the Muslim League's Women's Committee), Fatimah Begum, now President of the Binat-i Islam (established in 1952), submitted a six-part memorandum, or ‘Manifesto and Charter of Women's Rights’, to I.I. Chundrigah, the Central Minister of Law, for inclusion in the country's future constitution:
1. All citizens without any discrimination of sex should be eligible for public posts and offices on the basis of merit and qualifications;
a. No privileges for anyone on the basis of birth, relationship, sex, social affinities, wealth, political ideals and religious beliefs;
b. All exceptional provisions in respect of the admission of women to the superior services of Government and to the diplomatic cadre must be abolished; salaries should be on the basis of merit and qualifications;
c. Equal pay for equal work;
2. The nomination or selection of women delegates for various delegations to the United Nations must be made purely on merit;
3. More provision for seats for women in the legislative assemblies;
4. Free and fair elections so that the electorate has the chance to elect true representatives to Parliament and the Central Assemblies;
5. Wives of high government officials, whose husbands are entrusted with overall administration of a particular territory or unit or district, must be disqualified and declared ineligible for elections to the Legislative Assemblies or Parliament, with a view to
a. Enabling people to elect their true representative;
b. Avoiding undue influence or duress of officials;
c. Seeing that government officials remain aloof from politics and do not identify themselves with any political party, even indirectly, in the elections;
d. That candidates for elections should have residential qualifications in the constituency from where he/she is contesting the election to ensure that the candidate is the true representative of the people there;
6. Separate divorce and juvenile courts should be established in the country.Footnote 95
While this list integrated the demand for more seats for women, as well as the reform of the legal system in relation to family issues, it also pointed to divisions among women themselves. Its explicit condemnation of women who were personally connected with men in positions of power, together with the implication that they took advantage of this in ways that privileged them unfairly, for one, revealed a tangible level of frustration with organisations, such as APWA, whose leading members fell firmly into this category.
The following months witnessed intense lobbying on the part of female activists. By now there were six female members elected unopposed to the newly-formed West Pakistan Assembly, but there was still no female representation in the Constituent Assembly itself.Footnote 96 Addressing the question as to whether or not 1956 would be ‘A happier new year for women?’, a Pakistan Times article at the beginning of January suggested that the need for an independent party for women was greater than ever. Rather than operating as the appendage of existing parties, such as the Muslim League or the Awami League, what women urgently required was a separate political organisation of their own that would be prepared to struggle for the full realisation of their basic rights. APWA, in this particular (anonymous) correspondent's view, was not up to the task. A semi-official body, run for the most part by the wives of bureaucrats, lacked both the necessary independence and intent:
The average middle-class woman and student have not been attracted to this organisation, firstly because women of these classes have little spare time for the activities covered by APWA, and secondly most thinking women are interested in joining an organisation which will agitate for the betterment of their general conditions and the safety of what rights they have, one which will be able to channel their activities, social, cultural, political and economic, towards some meaningful end.
But while this contributor urged a separate political voice for women, she (or perhaps he?) categorically rejected separate electorates: under no circumstances would these ever be acceptable to the women of Pakistan since their impact would only be to marginalise them in political terms.Footnote 97
By 9 January 1956, the second Constituent Assembly, minus any direct female involvement, had finished drafting Pakistan's constitution. Once its contents became known, women activists were quick to criticise them. Begum Shahnawaz, for one, was ‘surprised and pained that certain basic rights for women [had] either been left out or nullified by [its] provisos’. Ending discrimination on the grounds of sex had found no place in the constitution. Nor had equal pay for equal work been mentioned. Accordingly, she called on ‘all the prominent women workers and women's organisations to protest strongly against these omissions’.Footnote 98
During the last week of January, a large number of women representing a variety of organisations gathered in Lahore to discuss their constitutional rights. Resolutions passed there exposed just how far they were conscious of the limitations of the draft constitution from the point of view of how it promoted (or failed to promote) women's rights.Footnote 99 They also appealed explicitly to the members of the Constituent Assembly whose job it was, they pointed out, to represent both sexes equally, to ensure that Pakistani women secured basic rights of equality with men.Footnote 100 Article 5, for instance, which talked about all citizens being equal before the law, was not specific enough in their view, and should have incorporated a direct reference to sexual discrimination. Article 43, which dealt with the composition of the future National Assembly, similarly came under fire. According to the wording of this section, ‘for a period of ten years from Constitution Day, ten seats in addition to those specified in clause 1—five from West Pakistan and five from East Pakistan—shall be provided in the National Assembly for women who shall be elected from women's territorial constituencies delimited for this purpose’. But in the eyes of its female critics, it was not sufficiently clear as to whether women would vote for the 300 seats not earmarked specifically for them, or whether, and if so for how long, their representation would be confined to just those 10 female seats. Until and unless this point was clarified, the provisions of this Article, it was feared, would remain vague and might be subsequently interpreted either way.Footnote 101
On 2 March 1956 the new constitution that declared Pakistan to be an ‘Islamic Republic’ was given its assent by the Governor-General, and three weeks later, on 23 March (Republic Day), it came into force. The Constituent Assembly accordingly re-organised itself into the country's new legislative body, or National Assembly, thus averting any immediate need for a general election in which women alongside men could have voted. Female activists associated with the Pakistan Federation of Women's Rights expressed their disappointment openly. While women had obtained full voting rights, they had also been allocated the reserved seats for which they had not been calling. After all, it reminded politicians, they had not demanded special privileges, only women's fundamental rights as ‘workers, housewives and citizens’, but it did not seem that their pleas had been heeded:
Our leaders have called upon us many times during the past eight years to play our full part in the life of our nation. We in turn now call upon our leaders to guarantee our rights. . . there are hundreds of ways in which household tasks can be made more congenial, lighter, easier and shorter—by modern household methods, by better transport, by cheaper and modern equipment. Housewives then would no longer be slaves, working day in and day out at jobs which should be taking one tenth of their time . . . leaving no time for recreation, a full family life and its unequal happiness . . . legislation must be passed which will tend towards establishing stable and lasting family relations. Marriage reform is needed in Pakistan.Footnote 102
As this quote reveals, by the time that the new constitution was finally enacted, the thrust of the rationale being put forward in support of equality—and reform—was a complicated one. Full citizenship rights remained uppermost on the agenda, but, according to these female activists now, the Charter that they had submitted the previous October had always recognised ‘women's primary duty’ to lie in the home: hence, its demand that the rights of mothers ought to be ‘safeguarded by placing the family under the special protection of the state, to ensure happiness of the home and the welfare of future generations’.Footnote 103
In addition, it was not just male legislators who were viewed with scepticism. The six existing female custodians of women's rights within the West Pakistan Assembly were accused of having betrayed the trust placed in them by the ordinary women whom they represented. Instead of attending to their responsibilities, they, like most other members of the assembly, had been too ‘busy with thoughts of changing seats and swopping loyalties’ or caring only for their immediate personal interests:
Being a mere appendage to a political party, aligning oneself to a party with a mere slogan, is a betrayal—a betrayal of the sacred cause which our female members of Parliament should stand for—that of the ultimate betterment of the conditions of our women.Footnote 104
Palpable irritation existed with those female MPAs whose elite connections meant that they were not prepared to prioritise women's issues ahead of their other interests. Indeed, the Pakistan Federation of Women's Rights had deliberately barred its office-bearers from belonging to any of the political parties precisely in order to avoid this kind of clash of competing loyalties.Footnote 105
By June 1956, however, it had become clear that women's organisations such as the Federation were not going to get the kind of reform for which they were lobbying, neither in relation to female representation in the country's legislative assemblies, nor as far as any bold changes in the content of Muslim personal law were concerned. When the Rashid Commission produced its report on 23 June 1956, it did recommend that second wives were only permissible with official consent. It likewise advised the setting up of special matrimonial courts, and proposed equal rights in divorce matters for men and women alike. But the Commission, which included two women (Begum Shahnawaz and Begum Anwar Ghulam Ahmed) among its members, was unable to move as far as recommending the complete prohibition of polygamy that women's organisations, such as the Federation (though not APWA), had urged. Instead it was felt by those who gave the report a warm reception that it represented ‘a sensible first step towards a society where monogamy would be the general rule’. In this way, the Islamic Republic of Pakistan would be allowed to ‘justify its name by reverting to the original dynamic, liberal and creative spirit of Islam’.Footnote 106 Pakistani women by the middle of 1956, therefore, may have acquired some improvements in terms of their legal rights when it came to marriage laws, but, in the view of a large proportion of female activists, they remained second-class citizens as far as the political role that they were empowered to play in the life of the state was concerned: for these activists, nothing symbolised their continuing subordinate status more than the 10 reserved seats that had been ‘gifted’ to women by the 1956 Constitution, which they felt had conspicuously failed to address other equally pressing issues that were disadvantaging their lives on a daily basis.Footnote 107
Conclusion
As Newberg has underlined, definitions of citizenship constituted a confused issue in Pakistan after independence: ‘not only was the status of non-Muslims uncertain, but the collective role of those without land—the mohajirs who migrated from India with Jinnah—was determined as much by circumstance as by design’.Footnote 108 But while communal and ethnic identity have tended to be most closely associated with debates on citizenship taking place in Pakistan in the period up to the imposition of martial rule in 1958 and beyond, there were, as this article has illustrated, other ‘interest groups’ such as women whose identity and role as Pakistani citizens came under scrutiny at this time. As a result, the possible reform of Muslim family law—including most controversially polygamy—that was discussed so energetically in Pakistan during the 1950s should not be viewed in isolation, as it was intimately connected with precisely the same wider debates on citizenship, and the role of individual citizens, whether women or men, within the new state.
And yet, despite all the publicity that it subsequently received, Ayub Khan's modernist-driven legal reform package was never fully accepted in the years after its introduction in 1961. Continuing opposition from the country's ulama and other socially conservative groups meant that the MFLO was never actually presented as proper legislation in the National Assembly but remained instead an ‘indemnified law’. From the early 1980s, with Zia's programme of Islamisation gathering momentum, the MFLO came under fresh attack. In 1981, Pakistan's Federal Sharia Court (set up by Zia in May 1980) began to hear petitions put forward by Islamic scholars that certain sections (4, 5, 6, 7, 12) of the Ordinance should be declared as ‘repugnant to Islam’. Section 6 of the MFLO, for instance, laid down that no married man could contract a second marriage without first obtaining the permission of an Arbitration Council, which was charged with ensuring that the man, firstly, had good grounds for a second marriage and, secondly, had secured his existing wife's permission to do so. While a decision of the appellate Court (the Shariat Bench of the Supreme Court) held that the provisions of the MFLO were included within the phrase ‘Muslim Family Law’, and thus fell outside the jurisdiction of the Federal Shariat Court, a further decision of the appeal court reversed this position in 1993, with the result that the provisions of the Ordinance were immediately challenged once again on the basis of their alleged divergence from Islamic injunctions. In January 2000, the Court directed the then President of Pakistan, Musharaf, to amend the MFLO ‘so as to bring the provisions into conformity with the injunctions of Islam’, triggering off widespread protest on the part of women's rights groups.Footnote 109
Thus, at the start of the twenty-first century, just as 50 years earlier, the question of the place of polygamy within Pakistani life remained intimately linked to the complicated relationship between women, Islam and the nation, and, in this way, to issues connected with citizenship. As this particular example illustrates, South Asia has witnessed strong continuities at work over the last hundred years so far as debates on the place of Muslim women and their rights have been concerned. But while all those who became involved in these debates in the 1950s shared a similar desire to identify what the respectable role for women ought to be outside the boundaries of the so-called ‘private’ sphere, there was little real consensus about what in practice they understood or interpreted this role to mean. Views aired on the pages of English-language newspapers such as Dawn and the Pakistan Times, however, help us to identify what these issues meant to at least some women at the time. Thus, it is clear that while APWA members were closely involved in lobbying for reform, they were not necessarily united in the extent to which they wanted reform to take place, nor in relation to its content. Neither were they the undisputed advocates of change. Other women's organisations, such as the Federation, proved to be more demanding than APWA in its stand. And yet, the Federation's own rhetoric frequently exposed how far Pakistani women were expected, often as much by themselves as by others, to maintain what was felt to be a ‘proper’ balance between their duties as ‘daughters’ and ‘mothers’ of the new nation and their individual rights as its citizens. The Federation, like APWA, was not averse to deploying arguments based on maternalist ideology. As long as women, and their male supporters, presented their citizenship demands as being in the nation's interests—for the greater, national, good—they could call for more individual freedoms as Pakistani citizens, and blur the boundaries between their private and public lives. But in this respect Pakistani women have not been alone—aspects of the same story have been shared by other women wherever and whenever during the twentieth century gender issues and the challenges of nation-building have intersected.