THE ROLE OF THE CONSTITUTION IN PROTECTING
WOMEN’S RIGHTS IN PAKISTAN
Group Members
Anfaal Mahmood
Hafsa Nawaz
Hareem Nawaz
Kanzul Emaan
Noor Fatyma
Zaeema Khan
Introduction
The Constitution of Pakistan serves as both a legal framework and a
moral compass for ensuring gender equality. It enshrines rights like
equality before the law, protection against discrimination, and full
participation in public life, particularly for women. However, in a
society shaped by deep-rooted patriarchy, cultural traditions, and
inconsistent implementation, these constitutional guarantees often
remain aspirational rather than real. This presentation explores how the
Constitution functions as a tool for women’s empowerment, where it
succeeds, and where it still struggles—through both legal provisions
and landmark case law.
Foundational Guarantees
Article 25: Equality before the law; no discrimination on the
basis of sex.
Article 27: No gender-based discrimination in public
employment.
Article 34: Full participation of women in all spheres of
national life.
Articles 37 & 38: Social justice and elimination of exploitation
—especially for marginalized groups.
The Gap Between Promise and Practice On
Paper vs. In Reality:
Constitutional Promise Ground Reality Why the Gap Exists?
Gender-based violence,
Legal equality & anti-
limited access to Weak implementation
discrimination
justice
by judiciary & state
institutions
Equal job opportunities Underrepresentation Cultural norms
in public sector override legal
protections
Inconsistent judicial
Welfare & dignity of women Implementation gaps & behavior and lack of
(Art. 35 & 38) patriarchal resistance
gender sensitivity
The Constitution in Action – Resistance & Reform
Progressive Legal Shifts:
Constitution as
Reform/action Impact a Battleground
Criminalized domestic
Women’s Protection Acts
violence and
(2006, 2016) Used by civil society &
harassment.
feminists to
Allowed provinces to challenge harmful
18th Amendment (2010) tailor gender-specific laws (e.g., Hudood
laws. Ordinances).
Inspired movements
But like Aurat March,
Religious opposition, regressive interpretations, and male- Women’s Action Forum,
dominated institutions slow down progress. and strategic
litigation efforts.
Landmarkcases on constitutional gender justice
case Issue key takeaway
Dr. Nasreen v. Criminalized domestic
SC ruled gender discrimination in
University of Punjab violence and
public employment is unconstitutional.
(2007 SCMR 433) harassment.
Women must be direct recipients of
BISP v. State
Gender-sensitive welfare financial aid—state has a duty to
(Unreported)
implement welfare with gender equity.
Shaista Shahid v. Allowed provinces to Court demanded reforms for
Federation (2013 SCMR tailor gender-specific meaningful women’s political
999) laws. representation.
Constitutional Framework
Protecting Women’s Rights
Fundamental Rights (Part II, Chapter 1 of the Constitution of Pakistan)
ARTICLE 4 – RIGHT OF INDIVIDUALS
ARTICLE 25 – EQUALITY OF CITIZENS:
ARTICLE 27 – SAFEGUARD AGAINST
CLAUSE (1): EQUALITY BEFORE THE
TO BE DEALT WITH IN ACCORDANCE DISCRIMINATION IN SERVICES.
LAW.
WITH LAW.
CLAUSE (2): PROHIBITION OF
DISCRIMINATION ON THE BASIS OF
ARTICLE 34 – FULL PARTICIPATION OF
ARTICLE 8 – LAWS INCONSISTENT
SEX.
WOMEN IN ALL SPHERES OF NATIONAL LIFE.
WITH OR IN DEROGATION OF
CLAUSE (3): STATE MAY MAKE
FUNDAMENTAL RIGHTS TO BE VOID.
SPECIAL PROVISIONS FOR
ARTICLE 35 – PROTECTION OF FAMILY,
MOTHER AND CHILD.
PROTECTION OF WOMEN AND
ARTICLE 9 – SECURITY OF PERSON.
CHILDREN.
ARTICLE 37(E) – PROMOTION OF SOCIAL
JUSTICE AND ERADICATION OF SOCIAL EVILS
INCLUDING ENSURING JUST CONDITIONS FOR
–
–
ARTICLE 14 INVIOLABILITY OF
WOMEN.
ARTICLE 26 NON-DISCRIMINATION
DIGNITY OF MAN AND PRIVACY OF
HOME.
IN RESPECT OF ACCESS TO PUBLIC
ARTICLE 38 – PROMOTION OF THE SOCIAL AND
PLACES
ECONOMIC WELL-BEING OF THE PEOPLE.
Pakistan’s International
Obligations on Women’s Rights
Core role of international law
WOMEN’S RIGHTS PAKISTAN HAS TREATIES
ARE CENTRAL TO
RATIFIED:
LEGAL & MORAL
INTERNATIONAL
CEDAW,
DUTIES TO
HUMAN RIGHTS
ICCPR,
ENSURE GENDER
LAW
ICESCR
EQUALITY
Cedaw ICCPR
Ending Gender Discrimination Civil & Political Rights
Ratified in 1996 Ratified in 2010 (Art. 3 ensures equal rights)
Defines broad-based sex discrimination Key rights: life, dignity, protection from
violence (Art. 6–8, 26)
Obligates Pakistan to:
Reform laws & policies (Art. 2) Key Case:
Ensure employment equality (Art. 11) Khadim Hussain v. State (honour killings
Equal rights in family/marriage (Art. 16) unjustified)
Domestic laws aligned: Political participation (Art. 25):
Protection Against Harassment Act 2010 Reserved seats (Art. 51, 59)
Muslim Family Laws Ordinance 1961 2018 Dir case – women voted due to court
Sindh Child Marriage Restraint Act 2013 intervention
UDHR ICESCR
Foundational Framework Socio-Economic Rights
Non-binding but influential Ratified in 2008
Key provisions: Ensures equal rights in:
Education (Art. 13)
Article 1: Equal dignity & rights Work (Art. 6)
Article 2: Non-discrimination Health (Art. 12)
(sex-based) Social security & standard of living
Article 16: Equal rights in
marriage/family Key Actions:
Article 25-A: Free compulsory education (5–16 yrs)
Sindh Bar Assoc. v. Federation – girls’ education
Lady Health Workers Programme (1994) – maternal care
Protection of Women Act 2006 – criminalizes violence
Role of the Judiciary:
Progressive
vs
Conservative Trends
Judicial Activism after 2007
Post-lawyers’ movement: rise in
judicial assertiveness
Courts took suo motu notices on
public interest issues
Greater focus on fundamental rights
Women Judges & Women’s Rights
Key rulings by women judges on
gender justice
Promoted protection from
harassment, domestic violence,
workplace rights
Helped humanize legal reasoning in
gender cases
Interpretation of Constitution in Human
Rights Cases
Shift from rigid (textual) to flexible
(purposive) interpretation
Courts prioritize justice, dignity, and
equality over literal meaning
Enabled broader protection of
human rights
Case laws
Case Laws
SHIRIN MUNIR V GOVERNMENT OF PUNJAB
BENAZIR BHUTTO V FEDERATION OF PAKISTAN
Case Laws
HUMAIRA MEHMOOD V. THE STATE (PLD 1999 LAH 494)
Background:
Mehmood married a man of her choice. Her father, a political figure, filed false charges of
zina and abduction against her husband. She was forcibly taken by the police.
Key Legal Issues:
Can a major Muslim woman marry without her wali’s consent?
Does this fall under her constitutional rights?
Misuse of the Hudood Ordinance to control women’s autonomy.
Ruling:
A landmark judgment affirmed that a major Muslim woman can marry of her own free will
without needing a wali's consent, emphasizing constitutional rights to liberty, dignity, and
equality. This ruling challenged patriarchal norms and the misuse of religious laws, directed
authorities to protect such marriages, and influenced subsequent reforms like the Protection
of Women Act (2006).
Case Laws
KHADIJA SIDDIQI CASE
Background:
Law student Khadija Siddiqi stabbed 23 times by classmate Shah Hussain (2016). Faced legal
intimidation; initial conviction overturned by LHC in 2018.
Legal Battle:
Gained massive media attention: #JusticeForKhadija.
Represented by Barristers Hassan Niazi & Salman Sardar.
Supreme Court reinstated 7-year sentence in 2019.
Key Contributions:
The initiative asserted the victim's dignity and right to legal redress, highlighting resilience
against systemic challenges, with media advocacy being crucial for justice. Its legacy
empowered other victims to speak out, exposed institutional bias in the justice system, and
set a precedent for holding even influential perpetrators accountable.
Challenges and
shortcomings
Implementation Constitutional Weak
Gap Between Silence on Institutional
Constitutional Personal Laws Framework for
Promises and Protecting
and Customary
Ground Realities Women’s Rights
Practices
Recommendations and
Way Forward
LEGAL & CONSTITUTIONAL REFORMS JUDICIAL & LEGAL TRAINING
GENDER IN LAW-MAKING
Amend Constitution to clearly Gender sensitivity
define: training for judges
Include gender
Gender equality Human rights courses in
perspective in drafting
Non-discrimination judicial academies
laws
Gender impact
ENFORCEMENT OF WOMEN-CENTRIC assessments for legal PUBLIC AWARENESS
RULINGS reforms Legal literacy
Judicial review to check campaigns for
Strengthen monitoring and women
accountability mechanisms gender bias in laws
Community outreach
Follow-up systems for court to explain rights and
orders on women’s rights how to claim them
Conclusion
The Constitution of Pakistan ensures women’s rights
through key provisions on equality, dignity, and
participation. While courts have expanded
protections, cultural norms, weak enforcement, and
patriarchy hinder progress. Real change needs legal
reforms, awareness, and accountability to make
constitutional rights a reality for all women.
THANK YOU!
