It is very encouraging to note a discourse in Pakistani society on the prevalence of gender-based violence, especially in the media. Such discussions indicate that earlier outright denial of violence against women has given way to an explicit recognition of gender-based violence that goes beyond the most visible physical violence to the more subtle emotional violence in the form of putting women down and making them feel that they are “less than” men.

The improved legal framework governing gender-based violence has contributed to acknowledgement of women suffering violence. To some extent, it has also helped in prevention and protection. During the past two decades, a series of laws have been passed to deal with various types of crimes. These include crimes that have drawn widespread moral outrage – like rape, crimes in the name of so-called honour and acid attacks. Other laws have drawn more ire and resistance because they seem to attack the privilege and power of men. The laws on harassment and domestic violence fall in this category. These have seen strong resistance from men – especially those of a religious bent, who have advanced the argument that these will break the family and fragment the institution of marriage. They have received widespread support from even some relatively liberal men. Collectively, these laws (national and provincial) have helped with protection of women from sexual violence, securing their inheritance and property rights, preventing child and forced marriages, giving harsh punishment for acid related crimes and establishing institutions dedicated to women’s protection and empowerment.

Has the advancement in societal recognition and in legislation on gender-based violence led to a reduction in the crimes and/ or better treatment of women who report violence? It takes a long time for legislation to result in a change of mindset even when there is strong enforcement, which has been missing in Pakistan. Law enforcement continues to rest on societal norms that stereotype women’s roles and castigate women who show any sign of resistance to prescribed gender roles. Law enforcement in the police, medical profession, prosecution, judiciary and other state institutions responsible for access to justice and support to survivors almost always reflects the same regressive mindset, perpetuating regressive gender norms.

Men and women in the more conservative category are clear that women invite trouble by violating societal norms and ascribed behaviour for their gender.

When it comes to sexual violence against women including harassment and rape, many people are convinced that it is always a woman’s fault who invited trouble by deviating from the prescribed role of women that enjoins that a woman’s place is at her home and under the protection of the male members of her family, in both single and married situations. According to this “blame the victim” mindset, women like the victim of the Lahore-Sialkot Motorway rape case have no business being out of the house, and to expect any different treatment. Even in the case of Noor Mukadam, who was recently hacked into pieces, some people sympathetically reflected that she would have been better off not going out to meet Zahir Jaffer. Men and women in the more conservative category are clear that women invite trouble by violating societal norms and ascribed behaviour for their gender. People in this category are quick to attribute harassment and sexual abuse to women’s clothing and the lack of purdah which is ascribed to the nefarious influence of the West.

The second response pertaining to women reporting violence is that “all such women” are liars, who lodge false cases and abuse the law for personal gains. Good women neither put themselves in dangerous situations, nor do they wish to report and publicise incidents that will stain their reputation. People are, therefore, eager to pounce on examples like the Minar-i-Pakistan case and the Faisalabad women’s case (who allegedly tore their own clothes). Some people portray such cases as a generality rather than exceptions. Some people in police and judiciary also appear to be firmly convinced that all rape cases are fake, which implies that there is no incidence of rape in Pakistan.

Such observations are seldom challenged or explored to uncover the causes behind sexual violence, even in cases where some women may have been at fault. Firstly, most “fake” rape cases are lodged by the landowning and influential clans to settle scores or to erode the influence of a baradari/ clan in favour of another influential family or household. In such situations, women are still being used to the advantage of menfolk, who control decision-making in all spheres. Secondly, very exacting moral standards are applied to women who have exploited the laws on GBV to their advantage. A broad-brush approach to all women’s misuse of law is applied on the basis of exceptions, while ignoring the misuse of civil and criminal laws when, for example, a whole village is accused of a murder case and that is not seen to conclude that “all men are liars”. Thirdly, irrespective of a woman going into a public place and staging her harassment, there is no justification for the mob attacking her or ripping her clothes off. Men attacking women in public spaces not only demonstrates a complete lack of civilisation, it also shows impunity that can only arise from the knowledge that they will get protection from the state. The Lahore CCPO’s remarks following a gang rape incident expose this assurance. Fourthly, if sexual violence could be prevented through segregation and women covering themselves there would be no abuse of women who are covered or raped in their houses. More importantly, little girls and boys would never be raped or molested.

This mindset is prevalent across South Asia, and is not specific to Pakistan. As recently as 2014, Asha Mirje of the National Congress Party in Maharashtra, India, said that “rapes take place also because of a woman’s clothes, her behaviour and her presence at inappropriate places”. In 2015, in Dhaka, some men ripped off the clothes and sexually assaulted women who were participating in a celebratory procession in broad daylight. The police did nothing other than watch the assault happen.

For better law enforcement, it is important to tackle the sources of regressive attitudes, which rest neither in culture, nor in religion but in the desire to hang on to the unearned power and privilege that rests on gender, not on intellect or ability.

The writer is a gender and inclusion adviser