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    militancy A
   feminist before feminism Yeh Woh firewall Children
   at bay Sceptic’s
   Diary 
 
 
 
 
 
 
 
 
 
 
 
 
 militancy Though Tehrik-e-Taliban
   Pakistan (TTP) has claimed responsibility for the audacious attack on Kamra
   Airbase, it is still unclear whether the attack was in reaction to the
   possibility of a military operation in North Waziristan.  A debate has already been
   underway in the country around these attacks. Apart from the belief this was
   an expression of defiance against the likely military operation in North
   Waziristan, there is a view that it could be a reaction of militants against
   the air force which has caused major harm to the militants in the tribal
   areas. Chief of the Army Staff
   General, Ashfaq Pervaiz Kayani, has already hinted at the use of force
   against the militants in his Independence Day speech at Kakul Military
   Academy, Abbottabad. He described the war on terror as “our own war and a
   just war too” in so many words. He also acknowledged the difficulties in
   fighting one’s own people, but said “no state can afford a parallel
   system of governance and militias,” and asked the nation to stand united or
   face the risk of a “civil war situation”.  The TTP spokesperson has
   again threatened that the TTP would fight back strongly with its suicide
   bombers if the military carries out an operation in North Waziristan. He
   claimed that the TTP attacked the Kamra airbase to avenge the killing of
   Osama bin Laden and Baitullah Mehsud. Saleem Safi, senior
   security analyst, says North Waziristan is a stronghold of the TTP and other
   militant organisations. “They can launch preemptive attacks to put pressure
   on the military before the operation. It is true that they could not launch a
   major attack during the last one and half years or so against security
   installations, but they were busy preparing suicide bombers and propagating
   their philosophy,” he says. North Waziristan is one of
   the most difficult terrains and it has been a centre for militants since the
   Afghan war. Locals of the area have strong affiliations with the militants.
   “To carry out a military operation in this area will be a difficult
   task,” Safi says, adding the TTP is not an organised militia anymore. “It
   is a combination of people from different backgrounds with different
   philosophies and priorities. It is true that religious tribal people, who
   have strong links with Afghan jihad, are a driving force behind the TTP, but
   sectarian organistaions like Lashkar-e-Jhangvi are also there to support
   them.”  Safi thinks all the
   activities are not carried out with the consent of the main leadership and
   different groups within the TTP launch attacks according to their priorities.
   “The LeJ and TTP Darra Adam Khel would always attack Shia community. In
   Bajaur, their priority is to destroy schools, while the TTP Swat is a fierce
   enemy of shrines and attack them. But it is true that the present TTP
   leadership is strongly anti-Shia.” He says that drone attacks
   have killed several top leaders of the TTP and it has become very tough for
   them to coordinate. “Military operations in Swat, Bajaur, Mohmand and
   Khyber Agency have also weakened them to a great extent. So, we can say they
   are a weak organisation now as far as infrastructure and network is
   concerned, but their extreme philosophy and anti-America slogans have become
   very popular and they have even penetrated in the mainstream organisations.”
    Safi says the TTP has
   successfully created its collaborators and informers in different
   organisations and departments with a good number of sleeping supporters
   everywhere in the country. “We can say that its capability of launching big
   attacks in settled areas has diminished to a greater extent, but its
   capability of launching small attacks in big numbers has increased
   manifold.” It is also believed that
   the TTP has already shifted major portion of its infrastructure and
   leadership to Orakzai, Mohmand and South Waziristan. Some experts believe a
   military operation in North Waziristan can be helpful for the TTP to widen
   its network as it can push Hafiz Gul Bahadur to the TTP’s camp. He still
   has a peace pact with government of Pakistan intact and an operation in North
   Waziristan can be fatal for the future of this peace accord.  “After drones, Pakistan
   Air Force has caused major harm to the TTP’s infrastructure. It is too
   tough for the TTP to attack air force jets so the only way to take revenge
   from air force is to attack its installations,” an insider of the TTP tells
   TNS. He says that Punjabi Taliban mainly control attacks in cities.  Ayaz Wazir, former
   ambassador of Pakistan to Afghanistan who belongs to tribal areas, says that
   it would be tough to pinpoint the exact motives behind the Kamra attack and
   the Shia killings, but one thing is clear these attacks are reaction to the
   war on terror. “We need to look into how militants succeed in attacking the
   security installations. Is it possible for people sitting in North Waziristan
   to know which plane is parked in which hanger? We need to find insiders in
   all departments who help these militants. We need to find the causes of their
   resentment.” Wazir says, “If we want
   to be part of war on terror, we need to be sincere to the cause of this war.
   Our security establishment, the government and people need to be on the same
   page if we want to win this war. But, our words and actions are contradictory
   which create confusion among masses and allies in the war. “Have we ever thought how
   come an educated young man from Khyber Agency has become chief of al-Qaeda in
   Pakistan. When our army would attack its own people without taking nation
   into confidence, it can never win the war,” he concludes.    
 
 A
   feminist before feminism Helen Gurley Brown,
   legendary editor of Cosmopolitan for more than thirty years and still at the
   helm of its international editions when she died, was a larger than life
   figure. Her impact extended far beyond her magazine to the cultural life of
   the swinging sixties. It is no wonder then that her death, at 90, on August
   12, 2012, has generated wider ripples and an unceasing stream of tributes
   from the aligned worlds of media, advertising and publishing.  Born to a family of modest
   means in Arkansas in 1922, she was exposed to early privations, at 10, when
   her father, a school teacher, suddenly died in a lift accident. This
   unforeseen and tragic death tipped the family into obscure poverty, further
   compounded by Helen’s elder sister contracting polio which left her
   paralysed for the rest of her life.  With two children to feed,
   her mother had a hard time of it, eking out a living by tagging shop shelves
   in local stores. This had profound influence on Helen’s thinking which
   seeded in her the notion of raising children as an unnecessary encumbrance
   which was to show up in the way she helmed and directed Cosmopolitan (The
   Cosmo Girl package was gutted of the ingredient of motherhood). This also
   meant that Helen was forced to prune her own academic ambitions by taking up
   a succession of secretarial jobs — seventeen by her own account — despite
   being a high school valedictorian.  It was, however, at Foote,
   Cone & Belding, an advertising agency, where she found her métier as a
   copywriter. In time, her reputation as a sharp copywriter led to her being
   snapped up by the rival advertising company Kenyon and Eckhardt at double the
   salary, making her the highest paid female in advertising (those watching the
   US drama series Mad Men are likely to find unmistakable echoes of Helen’s
   career trajectory in Peggy Ouslon’s rise from secretarial job to being a
   copywriter. In the most recent season she, like Helen, gets poached by a
   rival advertising company at a higher salary).  In 1959, she married David
   Brown, a successful movie producer, which was to catalyse her rise. In 1962,
   at the urging of her husband, she wrote her first book Sex and the Single
   Girl which was an overnight sensation (The book, like Mad Men, was to form
   the template for the US TV series of the nineties Sex and the City).  On the back of the success
   of her first book, she was approached by the Cosmopolitan management to turn
   around the struggling magazine. In the event, she took the job with great
   gusto and changed the magazine and the prevailing culture of the time for
   ever.  In her inaugural editorial,
   she sketched out the contours of Cosmo Girl and future direction of the
   magazine by tilting the magazine towards “grown-up girl, interested in
   whatever can give you a richer, more exciting, fun-filled, friend-filled,
   man-loved kind of life!” In time, this became the ruling philosophy of the
   magazine which rose in circulation on the back of these neatly packaged
   aspirations of young girls.  Alongside her influential
   editorship of Cosmo, Helen continued to produce a stream of books which
   ploughed in the furrow of advice manual pioneered in the first book.  Yet her strident advocacy
   of career-oriented girl intent on having it all attracted opposition of
   different strands of feminist movement. In the 1980s and 90s, she also
   courted yet more controversy for downplaying the perils of HIV which fed into
   the already existing hostility. Helen’s response to the early feminist
   onslaught was that she was feminist much before feminism became a fashion in
   the sense that she was instrumental in encouraging women to be themselves,
   career-oriented and fun-loving.  If this was not feminism
   then it was feminism, she often retorted in her defence (Helen’s first book
   came out before Betty Freidan’s path-breaking Feminist Mystique’s arrival
   on the feminist scene). This debate continues till this day with Helen’s
   place in the feminist pantheon in perpetual adjustment.  Some critics have called
   Helen’s feminism as the feminism of typists, sales girls and office girls
   as opposed to the politically charged feminism of bra-burning well-healed and
   ivory towered vintage. In 2009, Helen was the
   subject of a full length biography by an academic, Jennifer Scanlon, titled
   Bad Girls Go Everywhere. This first academic reconsideration attempted to
   restore Helen’s place and influence on her times. In the last years of her
   life, she donated 30 million dollars to Stanford and Columbia universities to
   set up David and Helen Brown Institute for Media Innovation to pursue
   innovative journalism. Her husband died in 2010. 
 It’s all about
   asking the right questions — the questions we are not asking, or we are not
   allowed to ask, or we don’t care enough. Fed on a staple of lies,
   half-truths, and twisted logic in matters of religion as much as that of
   statehood, for generations, we have come to accept everything and believe
   nothing. We are not sure if our armed forces are left with any resolve or
   capability to protect us from an external threat. We are unsure if the
   highest court in the land can dispense justice. We are not sure if the
   religiuous figure or sect we follow is the religion as it was revealed, or a
   corrupted copy. We don’t know if there is anything at all our government
   machinery is capable of doing right. And we suspect our elected
   representatives do nothing in parliament other than exchanging favours and
   filth. But we accept the armed
   forces as our saviours and true patriots. We continue to respect the courts
   even as we drag them into muck on a daily basis. We don’t know what Islam
   is from the many and contradictory interpretations we grow up on, but we
   instantly recognise what Islam isn’t and are ready to kill, maim and burn
   anyone or anything that a half-wit points his finger at. We are happy to
   bribe our way through government offices and find it easy to live with human
   rights abuses on a daily basis. And we continue to support a political party
   with corrupt and disgraceful leaders at its head, in the name of democracy,
   liberalism, revolution, or some such fancy concept we don’t understand at
   all. We badmouth, we taunt, we
   joke, but we don’t question anyone in authority. Not the news media, not
   social media, not political leaders, not individuals. A glaring example was two
   deadly attacks on two different groups of Pakistanis on the same day. It was
   the end of Ramzan and perhaps we were too tired of our eat-pray-sleep-watch
   TV routine to notice it then. Now that we have amassed Allah’s blessings in
   the holy month and celebrated Eid in the way prescribed by our media and
   various advertisers, perhaps it’s time to reflect how we took the two
   incidents, and what it says about us. Pakistan Air Force base
   Minhas was attacked by army uniform-wearing men. Within hours we knew how
   many attackers were there, who they were, what route they used, and what the
   base security detail’s response was, thanks to the near perfect media
   handling of PAF. We soon knew who their sympathisers are and some of them
   were arrested from various cities the same day, thanks to the efficiency of
   the interior ministry. We also knew from the start that it was a ‘failed’
   attack as all the intruders were killed in a protracted gunbattle that
   produced a single martyr and an injured hero on the other side. But we
   continued to ask more questions: How did they manage to breach the outer
   cordon of security? Was it a security failure, or a successful defence? What
   is PAF doing to secure its bases from future attacks? How did we let them
   attack the same target thrice? ... These questions filled the better part of
   the day’s news bulletins, and of course our conversations. The other incident that was
   drowned out in this detailed line of enquiry was an attack by army
   uniform-wearing men on the passengers of a bus convoy. Twenty civilians were
   selected on the basis of information in their national identity cards, were
   lined up with their hands tied, and executed. We got the basic information
   and considered it enough. Could this attack be called
   ‘successful’ because the attackers killed leisurely and no one on their
   side was hurt? Who were they? Where did they come from and where did they go?
   What makes army uniform so popular with terrorists? Was it a security failure
   on part of the state? How did we let them attack and kill the same people, in
   the same manner, three times in six months? What are the dozens of
   intelligence agencies doing if they still can’t find a lead? How would the
   state avoid a recurrence of this grisly incident? Who needs more protection,
   trained and armed soldiers or unarmed civilians? And which is the bigger
   story: a ‘failed’ attack on a military base or a ‘successful’ one on
   private citizens? Issue here is not that we
   don’t have answers; the issue is we never ask. Until one day the murderers
   will stop a train or an aeroplane carrying your loved ones, and mine. Only,
   it’ll be too late to ask then. masudalam@yahoo.com     
 
 
 
 
 firewall Who says
   journalists land into trouble when they transgress certain ideological or
   geographical boundaries? That’s not always the case. Today, it’s not
   necessary for them to travel to lawless zones to risk their security. They
   are equally vulnerable to dangers even within the confines of their homes if
   they care less about their security in the virtual world. This is the gist of a
   recent report commissioned by the Internews Center for Innovation &
   Learning and conducted by Bytes for All (B4A), a Pakistani human rights
   organisation with a focus on information and communication technologies. The report titled
   “Digital Security and Journalists: A Snapshot of Awareness and Practice in
   Pakistan” reveals a widespread lack of awareness of the security risks
   Pakistani journalists and bloggers face in their online activities without
   being aware of who’s following them and for what purpose. Based on interviews of
   several journalists and bloggers, the report findings suggest that though a
   vast majority of journalists uses Internet in their work and take basic
   precautions such as installing anti-virus software and using strong
   passwords, they were largely unaware of secure tools such as IP blockers,
   which can be set up to block access to one’s website from computers or
   networks that have certain Internet protocol (IP) addresses, such as from
   particular government entities, and virtual private network (VPN) services. Many of them face issues
   such as having their emails intercepted or data stolen, having their websites
   attacked or hacked and having their identities exposed against their wishes.
   The obvious purpose of carrying out the study is to highlight the importance
   of security in using email services, running websites, interacting on social
   media websites and sharing data, sometimes unnecessarily, with larger
   audience and later on train journalists to take care of this aspect. No doubt this training is
   essential for every person who logs on to Internet, but the reason to focus
   on journalists first was that their unsafe online practices can harm
   whistleblowers or their informants, believes Shahzad Ahmad, Country Director
   Bytes for All, Pakistan. “If the password of one person in a network is
   taken over, he/she can make the whole network vulnerable.” Imran Naeem Ahmad,
   co-founder and managing editor of website JournalismPakistan. com, is one
   such victim who was not ready for a hacker’s attack. The website was hacked
   in June 2012 and it took them by surprise. “We had never thought this could
   ever happen to us, after all hackers often target mega websites.” They were staring at a
   blank page on the screens for a good 12 hours and the attacker had deleted
   all the content. Fortunately, they had back-up of all data and were able to
   get the website back fairly quickly. Imran Naeem shares it with
   TNS that “the hacker then threatened to do it again, making his intentions
   clear by sending us a message through our website after we were back.” He
   strongly believes it was not a random action and neither was it the act of
   some “bored teenager.” Indeed, JournalismPakistan.com was the calculated
   target of a cyber terrorist, a virtual mercenary. It was intended, he adds. “We have our suspicions
   of course as to who could have engineered such a cowardly deed and why. The
   list is surprisingly short. We have already taken steps to ensure that it
   does not happen again.” Imran Naeem has made
   passwords complex and taken some other precautionary measures to avoid such
   attacks in future. But the way hackers operate and the advanced tools they
   have to achieve their end calls for a more professional handling of the
   menace. The responses gathered from around 80 journalists and bloggers
   contacted during the study suggest the respondents are least equipped to
   counter the threats they face.  These respondents were
   selected using convenience sampling, on the basis of their importance in the
   media world and the blogosphere, says Shahzad. He adds extreme care was taken
   to ensure gender and regional diversity, and national scope among
   participants.  Contacts were made through
   telephone, email and various sources within the journalist community. A total
   of 52 people (65 per cent of those initially contacted) completed
   questionnaires. Seventy per cent of the respondents were working journalists
   and the remaining 30 per cent identified themselves as bloggers. A very few of them were
   aware of the modus operandi of cyber attackers who use spy softwares such as
   trojans, keyloggers etc to hack email accounts and websites and commit
   identity theft. They were not aware that careless attitude in the cyberspace
   can cause severe harm to one’s professional and personal reputation.  Explaining keyloggers,
   Shahzad states it can be a software (sent to you via email or transferred
   during downloading sessions) or a hardware device that can record the real
   time activity of a computer user including the keyboard keys they press. They
   are hidden within the system and a non-techie user cannot find out easily
   that his/her online activity is being logged/recorded by someone sitting at a
   remote computer. Such softwares, he says,
   work like viruses that infiltrate your computer system and take over all the
   resources and digital assets that you have. They can come in via an
   attachment or transferred via different downloading websites e.g. movies or
   software portals, which though offer you free downloads but may be spreading
   such kind of malicious softwares. The most troubling thing is
   that once a keylogger is installed on your computer, the person sitting at a
   remote computer can use your computer for any unlawful activities, Shahzad
   says. “For example, spamming is a crime in several countries so someone can
   use your computer power, and bandwidth without your knowledge to spam
   someone, whom you even don’t know.” Unfortunately, there are no
   cyber laws in Pakistan and hence no deterrence against unwanted online
   activities. That’s one of the major reasons why hackers operate with
   impunity and the poor victim gets no relief at all. Muhammad Adeel, a
   Lahore-based expert in network security, believes identity theft is frequent
   because people share too much personal information on social media websites
   and store user names, passwords and other personal information in memory
   offered by email accounts. “It’s easy for hackers to retrieve passwords
   by doing guesswork on the basis of personal information.” However, Shahzad contests
   this assertion, saying strong password is just the first line of defense in
   the cyberspace. “There is no guesswork involved as there are softwares to
   harvest passwords. Digital security experts suggest that the time of
   passwords is over and now everyone should have pass phrase and that too
   should be at least 20 characters long.” He suggests that passwords
   should also be changed frequently, adding those who want to take over your
   passwords can also use keyloggers that can send your personal information
   across. “So it is fairly easy that if you are not observing secure
   practices to access your digital assets (emails, website, blog or other
   documents) it can be at risk.”  Shahzad says journalists
   can also be victims of cyber stalking on social networks. Women and young
   girls are especially the target of this practice and that is why Bytes for
   All under its “Take Back The Tech” campaign works with young girls to
   train them on how to be safe and secure online. There are several cases of
   women and girls, who had to face miserable consequences due to their poor
   digital security. Some of the Pakistan-specific cases are available at https:
   //www.apc.org/ushahidi/. One such case is that of a
   female human rights activist who was harassed online when her profile was
   created on a fake fan page. It had her name and her pictures but she was
   described as a prostitute in that fake account. The girl had to write to the
   Facebook complaint centre that helped her at a later stage in taking it off.
   Similarly, several girls complained about their fake profiles on Facebook in
   Peshawar.  Female journalists,
   especially the popular anchors of TV talk shows, are highly vulnerable to
   cyber stalking. They must constantly look out for fake pages in their names
   often carrying their engineered pictures and act before the damage is done,
   says an Internet addict, who does not want to be named.   
 
 
 Children
   at bay Recently there was
   a debate in the National Assembly about failure of the provinces to legislate
   to safeguard child rights following the 18th Constitutional Amendment which
   has made child rights a provincial subject. A parliamentary caucus has been
   established to look into the situation and make recommendations.  Following the 18th
   Constitutional Amendment, the Concurrent Legislative List has been deleted,
   leading to confusion within the relevant ministries, departments as well as
   among other stakeholders. The civil society welcomed the 18th Amendment and
   started actively coordinating with concerned provincial government
   departments for related legislation. However, the devolution does not absolve
   the federal government and federal legislature of its responsibilities
   towards children in light of the Constitution and Pakistan’s international
   obligations — the Convention on the Rights of the Child (CRC) and other UN
   and ILO Conventions. Article 25(3) of the
   constitution recognizes the special right of protection for children due to
   their vulnerability and states, “Nothing in this article shall prevent the
   state from making special provision for the protection of women and
   children.” Similarly, according to the amended Article 142(b), the federal
   legislature has the power to make laws with respect to criminal law, criminal
   procedure and evidence.  On the authority of these
   articles it can be argued that notwithstanding promulgation of the 18th
   Amendment and the consequent legislative devolution to provincial assemblies
   with regard to child welfare matters, the federal legislature cannot be
   prevented from making special provisions for children and from enacting
   legislation relating to children’s rights. A concern raised by the
   civil society was about the role of federal government in maintaining a
   minimum standard. Who will ensure that children living in all the provinces
   and regions have the same rights?  Child protection and
   welfare legislation has been introduced in Khyber Pakhtunkhwa, but there is
   none in Balochistan, Fata or even the Islamabad Capital Territory. There is
   nobody at the federal level with a statutory status to work for the promotion
   and protection of child rights and raise such issues and concerns with the
   provinces and regions. A National Commission on the Rights of Children (NCRC)
   Bill is in the pipeline for the last three years without any progress though. Having a look at the state
   of child rights in Pakistan in light of indicators like Millennium
   Development Goals (MDGs) or the benchmarks set under the Convention on the
   Rights of the Child (CRC) or even the targets set under the National Plan of
   Action for Children 2006, the results are depressing. Flood emergencies in
   the recent years also added to the already complex challenges of conflict and
   terrorism with poor or no implementation of existing laws.  Unfortunately in Pakistan
   there has been an increase in the incidents of child labour. One of less
   acknowledged but potentially worst form of child labour that is rampant in
   the country is child domestic labour. More than 20 cases of torture to death
   and lifelong injuries of child domestic workers were reported by the media
   from January 2010 to date starting from the famous Shazia Masih case in
   Lahore.  Punjab, being the province
   from where the highest number of deaths and disabilities through torture of
   the child workers had been reported, must respond to the situation
   immediately. Similarly, the federal government should also realise its
   responsibility and check the menace of child domestic labour. Another important strategy
   to eliminate child labour can be the implementation of Article 25-A of the
   Constitution whereby education has been made a fundamental right for all
   children from five to sixteen years of age. There is need to enact the Right
   to Free and Compulsory Education Bills at the provincial and ICT levels.
   Similarly, a Right to Free and Compulsory Education Regulation needs to be
   introduced for Fata. The progress on this front is very slow again. Violence against children
   is also widespread. The unfortunate and terrible incidents of suicides among
   children and corporal punishment in schools and madrassas are some of the
   horrible examples of increasing trends of violence against children.  The Prohibition of Corporal
   Punishment Bills both at the federal and provincial level highlight how much
   importance is given to this important issue by the legislators. Similarly, at the policy
   level no concrete steps were taken for the implementation of the
   recommendations of the UN Committee on the Rights of the Child which had
   called for, among other steps, approval of a national child protection policy
   and related laws, increase in resource allocation for health, education and
   child protection, establishment of a national commission on the rights of
   children and inclusion of child rights in the training curricula of all
   professional training colleges and academies. The writer is a development
   practitioner and tweets @amahmood72     
 
 Sceptic’s
   Diary While gentlemen
   with beards approach our Supreme Court often, it is rare that a model/Bollywood
   diva’s legs force Lady Justice to peek. Ms Katrina Kaif’s legs, in ways
   she may never have imagined, have made it to the Supreme Court of Pakistan.
   The issue in question: obscenity on television. The purported evidence, as
   ever, is eye-catching.  Obscenity, as Manto’s
   spirit would testify, is hard to define but is often tailored to convenience.
   How does one define obscenity especially when one Qazi Hussain Ahmad and a
   retired justice are complaining about it? “I know it when I see
   it” is one of the most celebrated and ambiguous sentences ever uttered by a
   judge. Justice Potter Stewart of the Supreme Court of the United States (SCOTUS)
   pronounced these words in a moment of limited eloquence, while trying to
   define hard-core pornography. Could the same test be treated as valid for
   “obscenity”? If your answer is yes, then you aren’t helping. By asking
   others to rely on your reaction you are conceding that, in an overwhelming
   majority of cases, obscenity is highly subjective.  Another major problem: how
   do we come up with a shared standard for “obscenity” without curbing free
   speech? The fact that the Supreme
   Court has taken suo motu notice of the issue complicates matters. Usually the
   “state-action” requirement means that people aggrieved by the state’s
   action against allegedly obscene material approach the courts to claim
   redress. In the weighing scales are considerations of freedom of expression
   too. Here the Supreme Court is acting on its own. The issue should never have
   been before the Supreme Court. Even if people approached it, the Court should
   have exercised restraint. The pitfalls are too great. Why should an all-male
   bench from one of the most conservative professions in the world get to
   define a word that requires the voice of the people? The Court already seems to
   have accepted that there is obscenity on TV requiring a crackdown of sorts.
   This, I submit, is unfortunate. Of course obscenity should be regulated and
   it doesn’t always fall under the definition of constitutionally protected
   speech but it is not ideal for courts to jump upon an opportunity to get
   involved with these matters. The relevant legislation (PEMRA Ordinance, 2002)
   and Code of Conduct prohibit obscenity. They also provide for a complaint
   mechanism that anyone (including people like Qazi Hussain) can use to bring
   certain matters to the attention of Council of Complaints in each province
   and the federal capital. Those approaching the
   Supreme Court with this could have adopted a more democratic way but they
   chose not to. Why? My feeling is because they did not want to be losers in a
   democracy and feared that they may not get their way. Hence the natural
   choice: approach a more conservative forum — the Supreme Court.  Courts in the US have
   defined obscenity only as a matter of last resort. The “Miller test”
   refers to patently offensive sexual conduct as among the ingredients as well
   as contemporary community standards. Furthermore, the work (taken as a whole)
   has to lack serious literary, artistic, political or scientific value.
   Pakistani courts have stressed community standards too without emphasizing
   the sexual conduct requirement. The bar here will be lower. In many cases
   Pakistani and Indian courts have followed standards laid down in the colonial
   era — standards that didn’t trust the capacity or ability of local
   communities to absorb unconventional modes of expression. But it is about
   time we move on from that. Katrina Kaif’s legs will not cause the collapse
   of this society. Many other things will and maybe our Honourable Supreme
   Court should pay attention to those. This country did not break up in two and
   its integrity is not threatened by female flesh.  Violent images without
   prior warning probably do more harm to susceptible viewers than female flesh.
   A case for a proper “ratings” mechanism is stronger than one for
   identifying obscenity. And no, the rating mechanism isn’t the apex
   court’s job either. It is up to us to exert pressure on PEMRA and the
   channels till they respond. We may not always get our way but that is
   democracy. Anyone who wants to escape “obscene” ads on TV can simply
   switch to religious channels during ads. I mean where does this stop? Will
   reproductive health advice be considered obscene too? There are people who
   want that. And they aren’t afraid of approaching the Supreme Court either.  What about a woman’s
   choice to wear a sleeveless shirt to a TV show? What if she wears an outfit
   that completely covers her body but shows off her curves? What about the
   hypocrisy of not applying the same standards to men? Is a shot of actor Abid
   Ali sitting on a charpoy in a vest smoking hookah in a dhoti obscene or not?
   And I hope no one thinks that the solution is to ban it all.  My point, I suppose, is
   that there are no easy and clear answers. But three gentlemen on a bench, no
   matter how learned, are not the best source of an answer. A better answer can
   and will come forward if you and I join in the conversation and make our
   views known. Those who don’t want to watch a Veet ad or a couple holding
   hands can simply change the channel. If a family isn’t comfortable watching
   something it has a simple choice — don’t watch it. The rest of the
   country doesn’t have to suffer. By entertaining such petitions, the Supreme
   Court is treading a dangerous path. If we don’t speak now, our voices might
   be gagged for good.  The writer is a Barrister
   and has a Masters degree from Harvard Law School. The views presented here
   are strictly his own. He can be reached at wmir.rma@gmail.com or on Twitter @wordoflaw We are pleased to announce
   the commencement of a new column Sceptic’s Diary by Waqqas Mir from this
   week. Happy reading  -- Ed    
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