WOMEN FOLK NOT BE RESTRAINED TO EXERCISE THEIR RIGHT OF FRANCHISE IN THE ENSUING GENERAL ELECTIONS, 2008
…… Election Commission of Pakistan
Islamabad, the 15th February, 2008.- Kanwar Muhammad Dilshad, Secretary, Election Commission of Pakistan has officially stated that the Election Commission of Pakistan has taken a very serious view of some reports appearing in a section of Press to the effect that some notables and prominent leaders have unanimously pledged not to allow their women folk to cast their votes in the ensuing General Elections in some areas of NWFP.
2. The Secretary, Election Commission stated that the Election Commission believes that it is an inalienable right of every eligible citizen of Pakistan, both men and women, to contest any election or to cast a vote to elect representative of their choice and that under the Constitution, there can be no discrimination on the basis of sex alone.
3. The Secretary, Election Commission also invited attention to Section 81 of the Representation of the People Act, 1976 which provides that a person is guilty of undue influence, if he-
(a) “in order to compel any person to vote, refrain from voting, or to induce or compel any person to withdraw his candidature at an election, directly or indirectly, by himself or by any other person on his behalf-
(i) makes or threatens to make use of any force, violence or restraint.
(ii) Inflicts or threatens to inflict any injury, damage, harm or loss.”
4. Kanwar Muhammad Dilshad further stated that the Islamic Injunctions also provide equal right of women as has been known from the Holy Quran and Sunnah and the equal right of women has been clearly quoted in the last Sermon of the Holy Prophet (PBUH).
5. Besides, the Election Commission has also issued the Code of Conduct for the Political Parties and Contesting Candidates for General Elections, 2007-08 wherein it has been clearly mentioned that the candidates and their workers shall not propagate against the participation of any person in the elections on the basis of gender.
6. The Secretary Kanwar Dilshad has quoted the Judgment of the Peshawar High Court, Peshawar, dated 17-3-2004 in WP No.417/2001(Ms. Jamala and others versus CEC and others) wherein it was held that--
“There is no cavil with the proposition that every citizen of the country has a right to form or be a member of political party as enshrined in Article 17(2) of the Constitution, which includes the right to contest and participate in election. There is also no cavil with the proposition that every citizen who is registered as a voter regardless altogether of gender has an indefeasible right to exercise his or her vote. There is also no cavil with the proposition that this right being inherent in every registered voter can be exercised by him or her alone and thus cannot be forgone and forsaken by an agreement entered into by any person how high-so-ever he may be, therefore no means or devices including threats of dire consequences or agreements amongst the candidates for election to an office can curb, curtail or fetter it.
As a matter of fact, employment of such means by any person irrespective of his status and stature in the society will not only be void and illegal but criminal as well which can well be punished under the law. We strongly deprecate all such means, devices, threats and even agreements aimed at restraining the female registered voters from participating in the electoral process.”
7. Secretary, Election Commission further said that the Election Commission, therefore, warns such elements not to cause such illegal acts which are offence in the eyes of law. In case it comes to the notice of the Election Commission that women were not allowed to cast votes at the Polling Stations, by any one, will be dealt with in accordance with law.