Women's Rights Laws in Pakistan: Challenges

and Solutions
By

Dr. Abdul Qayyum Gondal

Ph.D. Researcher
Lincoln University College Malaysia
Email: [email protected]
Phone No: +92 300 6268621

Co-author: Prof. Dr. Zulkarnan Hatta

Dean. Faculty of Social Sciences and Humanities
Lincoln University College Kuala Lumber, Malaysia
Email: [email protected]
Phone No: 0195715038
ABSTRACT:

Women's rights in Pakistan have been a focal point of national and international
discourse for decades. Despite significant legislative advancements, including the
Protection of Women against Violence Act (2016) and the Anti-Rape (Investigation and
Trial) Ordinance (2020), Pakistani women continue to face substantial barriers to
equality and justice. This research paper aims to explore the state of women's rights
laws in Pakistan, focusing on the challenges and potential solutions for improving
gender equality and protection for women. Its literature review analyzes the intersection
of national legislation and international human rights norms, highlighting persistent
challenges faced by women. The mixed methodology approach is used to study the
challenges and solutions related to women's rights laws in Pakistan. Semi-structured
interviews with stakeholders, such as lawmakers, solicitors, and advocates, will be
conducted using a qualitative technique. Results show Key challenges like cultural and
societal norms, inadequate implementation and enforcement of laws, and limited
awareness and education regarding women's rights. Hence, this research is essential to
investigate the barriers that Pakistani women's rights laws face, with a particular
emphasis on ignorance, patriarchal social structures, cultural norms, and weaknesses in
the legal framework. This paper examines these obstacles in detail, providing a critical
analysis of the effectiveness of existing legislation. Furthermore, it proposes solutions to
enhance the impact of women's rights laws in Pakistan. Recommendations include
strengthening enforcement mechanisms, increasing public awareness campaigns,
promoting women's education and economic empowerment, and fostering collaboration
between governmental and non-governmental organizations. By addressing these
issues, Pakistan can move towards a more equitable society where women's rights are
fully realized and protected. This paper contributes to the ongoing discourse on gender
equality, offering insights and strategies for overcoming the persistent challenges faced
by women in Pakistan.

KEYWORDS:
Women's rights, Legal framework, Implementation Challenges, Access to justice, Law
enforcement, Discrimination, Patriarchal structures, Cultural norms, Policymakers,
Reforms, Political will, institutional reforms, potential solutions, legislators and legal
professionals, social change,

INTRODUCTION:
 Women's rights in Pakistan have been a focal point of national and international
discourse for decades. Despite the country's rich cultural heritage and significant
contributions by women in various fields, gender inequality remains a pervasive issue.
Over the years, Pakistan has enacted several laws aimed at safeguarding women's
rights and addressing gender-based violence and discrimination. Notable among these
are the Protection of Women against Violence Act (2016), the Anti-Rape (Investigation
and Trial) Ordinance (2020), and the Protection against Harassment of Women at the
Workplace Act (2010). These laws represent crucial steps toward establishing a legal
framework that supports gender equality and protects women from violence and
discrimination (Government of Pakistan, 2023).
Returning to the historical context reveals that women's rights were a concern
even in earlier periods. The Protection of Women Act, the Hindu Marriage Act, and the
Anti-Harassment Act are the laws that now regulate women. The Convention on the
Elimination of All Forms of Discrimination (CEDAW), the Beijing Declaration of 2000, the
establishment of the Women's Action Forum in 1981, and women's suffrage in 1947 are
notable turning events in the history of women's rights (World Bank, 2022).
However, the implementation of these laws faces numerous challenges that
hinder their effectiveness. Deep-rooted cultural and societal norms often perpetuate
patriarchal attitudes and behaviors, which undermine legal protections. Additionally, the
lack of adequate enforcement mechanisms, coupled with insufficient awareness and
education about women's rights, further exacerbates the problem. Many women in
Pakistan, particularly in rural areas, remain unaware of their legal rights and continue to
suffer from various forms of violence and discrimination (Human Rights Watch, 2023).
Due to a number of issues, such as cultural norms, patriarchal social structures,
ignorance, inadequate training, corruption, and the ineptitude of police and judicial
officials, the country finds it difficult to implement laws protecting women's rights.
Pakistan's judicial system is also failing to increase the conviction rate. The argument
put out by opponents is that there is insufficient funding, political will to take action, and
transparent institutions or comprehensive strategies for carrying out policies.

The research highlights the role of legal structures in safeguarding women's

rights and promoting their actualization. It suggests that increased female workforce
participation leads to higher economic growth. The aim is to bridge the gap between
Pakistan's legislative framework and practical solutions for women's rights, ensuring
they can fully enjoy their rights and contribute meaningfully to society. Governments are
working on programs like awareness campaigns, capacity development, legislative
changes, and cultural and social changes.

Pakistan's legislative environment for women's rights is identifying gaps in

enforcement and identifying reasons for poor implementation. The extensive legal
system designed to safeguard women's rights has failed to achieve its intended effect
since 1947. The country's conviction rate consistently falls below 3% due to the criminal
justice system's failure to uphold the law (Aziz et al., 2024).
 Pakistan faces challenges in implementing women's rights laws due to poor
political will, lax enforcement, societal norms, and inadequate information. To address
these issues, Pakistan should examine its legal framework, eliminate loopholes,
harmonize laws, improve implementation, raise public awareness, update the legal
system, ban marital rape, pass online harassment legislation, strengthen economic
empowerment, and develop a comprehensive action plan (Usman, 2018)
Pakistan's women's rights are characterized by insufficient legal protections,
deep-rooted patriarchal norms, lack of economic empowerment, underrepresentation in
political institutions, and inadequate healthcare services. These flaws include
insufficient legal protections for gender-based violence, deep-rooted patriarchal norms,
lack of economic participation, political representation, and limited access to healthcare,
particularly in rural areas. These issues hinder women's ability to escape abusive
situations and assert their rights (United Nations Women Pakistan, 2023).

Moreover, Pakistan's legislative development for women's rights is highlighting

social norms, lax enforcement, and discriminatory laws. It highlights barriers like
destructive practices and conservative opposition. The research highlights gaps in
literature and the need for a deeper understanding of women's experiences in
marginalized communities. Pakistan must confront these issues and create sensitive
solutions for meaningful improvements for women, meeting its constitutional and
international duties (Rubab et al., 2023).
In addition, Pakistan needs to review existing legislation, close legal loopholes,
harmonize federal and local laws, improve implementation, raise public awareness,
update the legal system, ban marital rape, enact online harassment legislation,
strengthen economic empowerment provisions, and develop a comprehensive action
plan. However, political unrest, uncertainty, and deteriorating social and economic
conditions hinder progress (Zubair et al., 2023).
Hence, Pakistan's provinces have not all embraced the Domestic Violence
(Prevention and Protection) Act, indicating a lack of seriousness in enforcing these
laws. This lack of attention also leaves gaps in protection, including discriminatory hiring
practices, income disparities, limited access to education and vocational training, and
limited healthcare services in rural areas.

It will need a multipronged strategy to address these shortcomings, involving

legal changes, education, economic empowerment, and shifts in public perceptions of
gender equality. This study emphasizes the significance of swiftly enacting new laws in
accordance with international norms and rapidly reforming current legislation. This
research, in contrast to other works, emphasizes the necessity of enforcing laws on an
emergency basis in order to move the nation toward the status of civilized nation,

LITERATURE REVIEW:
 This literature review examines Pakistan's research on women's rights, focusing
on the legislative framework, implementation challenges, and potential solutions. It
analyzes the intersection of national legislation and international human rights norms,
highlighting persistent challenges faced by women. The aim is to identify key themes
and bridge the gap between legislation and reality.

The struggle for women's rights in Pakistan has a complex history, with early
progress made in the 1950s through the 1956 Constitution and the Muslim Family Laws
Ordinance of 1961. These advancements were, however, suppressed by military
governments and the Zia-ul-Haq dictatorship (1977–1988), which resulted in regulations
that discriminated against certain groups, such as the Hudood Ordinances. The legal
position of women in Pakistan continues to be a significant obstacle despite more laws,
several modifications, and the acceptance of international treaties like CEDAW and the
Beijing Declaration, etc.

Ahmad & Bhatti (2023) studied Pakistan several laws and bills aimed at combating
violence against women and ensuring their safety and autonomy. However, effective
implementation and enforcement of these laws remain hindered by political intrigues,
patriarchal mindsets, corruption, and hidden internal and external players. The
legislative apparatus is ill-equipped to efficiently carry out and uphold these laws, as the
creation of institutions and distribution of funds have been hindered by political
scheming, patriarchal mindsets, corruption, and the influence of hidden internal and
external players.

Pakistan, a signatory to international conventions like CEDAW, is committed to

upholding women's rights and non-discrimination, but its failure to fulfill these
commitments is attributed to significant gaps in compliance and enforcement (MALIK &
AZAM, 2023).

Pakistan's women's rights laws face challenges due to cultural norms, patriarchal
structures, low literacy rates, and limited information access. Traditional practices
prioritize legal provisions, leading to discrimination and exploitation. Inefficient judicial
and law enforcement systems, political insufficiency, and lack of gender sensitivity
hinder effective implementation. Solutions include strengthening the legal framework,
enhancing political commitment, promoting awareness, and learning from developed
countries. Powerful international organizations and establishments are needed to
enforce women protection and financial empowerment laws in Pakistan.

Asghar & Hussain, (2022) literature review highlights the challenges in

implementing women's rights in Pakistan, despite legislative advancements. It suggests
a multifaceted approach involving legal reforms, political commitment, education, and
cultural change. Pakistan can make significant progress by bridging the gap between
the law and its spirit. Challenges include cultural norms, patriarchal structures, low
literacy, and limited information access. To address these, Pakistan is exploring legal
reforms, including strengthening existing laws, expanding scope, clarifying language,
introducing new legislation, streamlining procedures, establishing fast-track courts, and
utilizing technology.

METHODOLOGY:

The mixed methodology approach is a method used to study the challenges and
solutions related to women's rights laws in Pakistan. It involves a nationwide survey, in-
depth interviews, focus group discussions, statistical analysis, thematic analysis, and
triangulation. This approach captures both quantitative and qualitative experiences and
perspectives, allowing for a comprehensive understanding of the issue. It also allows for
the exploration of complex interactions between factors contributing to the challenges
and potential solutions. However, it requires more expertise and resources to conduct
and analyze data from both methods. In conclusion, the mixed methodology approach
provides a valuable understanding of the challenges and potential solutions to women's
rights in Pakistan, contributing to the development of more effective strategies for
promoting gender equality.

RESULT AND DISCUSSION:

The proposed solutions to women's rights in Pakistan can enhance awareness,
improve access to justice, and change societal attitudes. Public awareness campaigns,
legal professional training, and educational initiatives can empower women to claim
entitlements and challenge discriminatory practices. Legal reforms, streamlining
procedures, and enhancing women's legal aid organizations can strengthen existing
laws, provide protection against discrimination, and make the legal system more
accessible.

Gender inequality in Pakistan is a complex issue influenced by historical, social,

and cultural factors. To achieve lasting progress, long-term, multi-pronged approaches
are needed, involving collaboration among stakeholders. Recognizing women's
experiences is crucial for inclusive solutions. Pakistan's societal norms, patriarchal
family structures, and gender stereotypes hinder the enforcement of women's protection
laws. Public awareness campaigns and educational initiatives are needed to build social
support for enforcing these laws (Asian Development Bank, 2022).

Pakistan needs to implement legal reforms to protect women's rights, including

strengthening existing laws, addressing workplace harassment, establishing quotas for
women's representation, and promoting equal pay. This can be achieved through
streamlined procedures, increased accessibility to legal aid services, and public
awareness campaigns. Training for legal professionals, increased funding for women's
legal aid organizations, and the development of specialized units are also
recommended.

Empowering women through strategies such as expanding girls' access to quality

education, providing targeted skills development programs, and promoting microfinance
initiatives is also crucial. Funding and resource mobilization can be increased to support
women's rights organizations, challenge discriminatory cultural norms, engage men as
allies, and monitor progress toward women's empowerment. Implementing proposed
solutions with commitment, collaboration, and a long-term vision can pave the way for
significant progress toward achieving gender equality in Pakistan (World Bank, 2020).

Pakistan faces significant research gaps in women's rights, including

understanding marginalized women's experiences, assessing program effectiveness,
exploring technology and innovation, analyzing media's role in promoting gender
equality, and assessing long-term impact. Limited research is needed to develop
targeted interventions, evaluate existing programs, and understand media's role in
promoting women's rights. Longitudinal studies are also needed to assess the long-term
impact of interventions on societal norms and sustainability. Addressing these research
gaps can help Pakistan refine its approach to promoting and protecting women's rights.

Pakistan can improve women's legal rights by adopting a culturally sensitive

approach, empowering them through technology and communication, enhancing law
enforcement, and addressing gender-based violence, harassment, and discrimination.
This can be achieved by understanding the context, consulting stakeholders, aligning
with existing legal frameworks, promoting gradual change, and engaging male allies.
Drawing lessons from South Korea, Pakistan can focus on economic empowerment,
shifting cultural narratives, and long-term commitment. Investing in educational and
economic empowerment programs can enhance women's agency and rights.

Pakistan and South Korea can use technology to empower women, improve
access to legal resources, and enhance the justice system's efficiency in addressing
women's rights violations. Digital literacy programs, online platforms, and mobile money
and microfinance programs can bridge the digital divide. Collaboration between
government, NGOs, tech companies, and women's rights organizations is crucial.
Pakistan lacks a centralized law enforcement research database, but various entities
contribute valuable research and data.
 Pakistan is addressing gender-based violence, online crime, and low conviction
rates by updating laws, strengthening legal frameworks, and harmonizing them.
Stakeholders are leading efforts through policy changes, resource allocation, capacity-
building initiatives, and cultural shifts. The government is enhancing women's rights
enforcement through comprehensive laws, policy integration, capacity building,
awareness campaigns, community engagement, data collection, research, and
collaboration with civil society and international bodies.

Conclusion:
The study examines Pakistan's legislative framework for women's rights,
identifying obstacles to successful implementation and proposing practical solutions. It
uses qualitative methods and semi-structured interviews to explore cultural norms,
patriarchal structures, lack of awareness, and flaws in the legal system that hinder the
effective application of women's rights laws. Despite the historical and legal
development of women's rights in Pakistan, significant deficiencies persist, particularly
in tribal regions, Baluchistan, KPK, rural areas of Sindh, and southern Punjab. The
study suggests a multifaceted approach, including legal and institutional reforms,
strengthening political commitment, increased resource allocation, and learning from
progressive states. This study provides context-specific insights and a roadmap for
advancing women's rights in Pakistan through legislative, social, and institutional
changes.

To improve Pakistan's execution of women's rights, the study suggests a number

of legislative changes. Creating specialized institutions, updating laws, fortifying the
legal system, and enhancing communication between civil society organizations and the
executive branch are a few of these. It's critical to address structural barriers including
patriarchal social institutions and cultural norms. Women, particularly those living in
impoverished communities, must have access to legal information and justice. Gender-
responsive policy and sufficient financial assistance are also essential.

Pakistan should adopt best practices, such as the rule of law, high conviction
rates, increased education, economic independence, and women's empowerment, and
learn from industrialized nations in order to overcome obstacles and improve its laws on
women's rights and their effective implementation.

The research examines Pakistan's women's rights legislation, focusing on

gender-based violence and child abuse. Despite legal reforms, issues like the digital
divide, cultural hurdles, and insufficient law enforcement training persist. Solutions
include cultural awareness, improved training for judges and law enforcement,
technology empowerment, and closing the digital gap.
 Cultural sensitivity programs and community participation are suggested to raise
awareness and prepare officials for gender-sensitive violence. In order to provide
accessibility in rural regions, technological empowerment entails developing and
growing digital platforms for legal information, support services, and reporting
procedures. The study emphasizes the necessity of ongoing research and flexible
tactics to empower and safeguard Pakistani women against all forms of abuse that are
pervasive in the community.

For women to be freed from prejudice and conventional cultural exploitation,

there is an urgent need for innovative, surgical long- and short-term policies that
empower them socially, economically, and politically. The public should support their
institutions in law enforcement. The government should adopt serious projects for law
enforcement by learning from developed nations. To this end, the criminal justice
system's capacity must be improved through increased budgetary allocation and
ongoing capacity building. The role of religious scholars, parents, opinion leaders,
institutions, the political elite, and social media is crucial in raising awareness against
fanaticism, illiteracy, and ignorance.
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