Legal system of Pakistan

Topic: The legal framework for women’s

Rights in Pakistan
 Outline

I. Introduction

II. Constitutional Safeguards

III. Legislation relating to Women's rights:

IV. Criminal Law and Women's Rights

V. Family Law and Women's Rights

VI. Conclusion

Introduction
In Pakistan, the issue of women's rights has been a subject of both national and
international concern due to historical gender disparities and discriminatory practices.
Despite significant strides towards gender equality, women in Pakistan still face challenges
in accessing their fundamental rights and freedoms. However, the legal framework plays a
pivotal role in safeguarding women's rights by providing avenues for protection, redress,
and empowerment.

Overview of Women's Rights in Pakistan

Women's rights in Pakistan have long been a subject of contention and activism, reflecting
broader struggles for equality and social justice. Historically, Pakistani women have faced
multifaceted challenges, entrenched in cultural norms, religious interpretations, and socio-
economic disparities. These challenges manifest in various forms, including limited access to
education, healthcare, economic opportunities, and political representation. Patriarchal
structures have often perpetuated discrimination and violence against women, constraining
their autonomy and agency within society.

Despite these obstacles, significant progress has been achieved in advancing women's rights
in Pakistan. Efforts to increase access to education have led to a notable rise in girls'
enrollment rates, although disparities persist, particularly in rural and marginalized
communities. Similarly, initiatives aimed at enhancing women's participation in the
workforce have seen some success, yet women continue to encounter barriers such as
wage gaps, limited job opportunities, and workplace harassment.

Legal reforms have played a pivotal role in addressing gender-based violence and
discrimination. Legislation against domestic violence, honor killings, and sexual harassment
has been enacted, providing legal protections and avenues for redress for women.
Constitutional provisions guaranteeing equal rights and non-discrimination based on gender
further reinforce the legal framework for women's rights in Pakistan.

However, challenges remain in fully realizing women's rights and achieving gender equality.
Societal attitudes, cultural norms, and institutional barriers continue to impede progress.
Gaps in implementation and enforcement of laws, especially in rural and remote areas,
pose significant obstacles to women seeking justice and asserting their rights. Moreover,
issues such as early marriage, reproductive rights, and access to healthcare remain pressing
concerns that require sustained attention and action.
Significance of Legal Framework in Safeguarding Women's
Rights

The legal framework plays a crucial role in safeguarding women's rights in Pakistan by
providing a foundation for protection, empowerment, and redress. Laws against gender-
based violence and discrimination serve as deterrents and hold perpetrators accountable
for their actions. Legal protections establish rights and entitlements for women, including
access to education, employment, healthcare, and property ownership.

Access to justice is facilitated through the formal legal system, allowing women to seek
redress for violations of their rights. Legal sanctions not only provide recourse for individual
victims but also contribute to broader efforts to combat impunity and promote
accountability. Empowerment and advocacy efforts are bolstered by legal rights, enabling
women to challenge discriminatory practices, assert their rights, and advocate for gender
equality.

Moreover, the legal framework informs the development of gender-sensitive policies and
programs aimed at promoting women's rights and addressing gender inequalities.
Collaboration between government agencies, policymakers, and stakeholders is essential
for implementing legal reforms effectively and ensuring that women's rights are upheld in
practice.

While the legal framework for women's rights in Pakistan provides essential protections and
opportunities for empowerment, ongoing efforts are needed to overcome challenges and
achieve substantive gender equality. Persistent barriers, including societal attitudes and
institutional gaps, must be addressed through comprehensive strategies that prioritize
women's rights and ensure their full participation and inclusion in all aspects of society.

Constitutional Safeguards

Article# 25:
  1 .All citizens are equal before law and are entitled to equal protection of law.
 2. There shall be no discrimination on the basis of sex.
 3. Nothing in this Article shall prevent the State from making any special provision
for the protection of women and children.

Explanation:

Equality in citizenship: Article 25 of the Constitution of Pakistan guarantees equality of

citizens before the law and prohibits discrimination on the basis of race, religion, caste, sex,
residence, or place of birth. It states that all citizens are equal in the eyes of the law and are
entitled to equal protection of the law.

No discrimination: Article 25 ensures that there is no discrimination in respect of access to

public places, educational institutions, public services, or employment. It emphasizes the
principles of non-discrimination and equality, asserting that all citizens are to be treated
fairly and without prejudice.

Justice: This article recognizes the importance of promoting equality of opportunity for all
citizens, regardless of their background or characteristics. It upholds the values of justice,
fairness, and inclusivity within the Pakistani society.

Fundamentals rights and Liberation: Article 25 serves as a foundational principle for

upholding the fundamental rights and liberties of all individuals in Pakistan. It plays a crucial
role in protecting the rights of minorities and marginalized groups, ensuring that they are
not excluded or disadvantaged due to their status or identity.

Examples:
One notable case study demonstrating the application of Article 25 of the Constitution of
Pakistan is the historic judgment by the Lahore High Court in the case of Farah Hameed
Dogar v. The State.

Article# 27:

Safeguard against discrimination in services. No citizen otherwise qualified for appointment

in the service of Pakistan shall be discriminated against in respect of any such appointment
on the ground only of race, religion, caste, sex, residence or place of birth:
Explanation:

Equal opportunity: Article 27 emphasizes the principle of equal opportunity in employment

within the services of Pakistan. It prohibits discrimination based on specified criteria such as
race, religion, caste, sex, residence, or place of birth when considering individuals for
appointment to government positions.

Equality in employment: Article 27 guarantees that no citizen of Pakistan who is qualified

for appointment in government services can be discriminated against solely based on their
sex. This upholds the principle of equality of opportunity in employment, ensuring that
individuals are judged on their merit and qualifications rather than gender.

Women’s rights protection: By specifically mentioning sex as a prohibited basis for

discrimination, Article 27 reinforces the protection of women's rights in the context of
employment and services. It aims to eliminate gender bias and promote a more inclusive
and equitable environment for women in the workforce.

Gender equality: The provision of Article 27 aligns with the broader goals of promoting
gender equality and empowering women in Pakistan. It recognizes the importance of equal
treatment for all individuals, regardless of their gender, and seeks to address systemic
barriers to women's participation in government services.

Example: A notable real case study related to sex-based discrimination and Article 27 of the
Constitution of Pakistan is the landmark judgment by the Lahore High Court in the case of
Ms. Farzana Hassan against the National Transmission and Dispatch Company (NTDC) in
2020.

Article# 34:

Full participation of women in national life.Steps shall be taken to ensure full participation
of women in all spheres of national life
Explanation:

Protection of marriages and families: Article 34 emphasizes the State’s role in protecting
the institution of marriage, the family unit, and the rights of mothers and children. This
provision recognizes the importance of supporting and safeguarding the social foundations
of society, ensuring the well-being of families and promoting familial harmony.

Empowerment of women: By specifically highlighting the need to ensure that women are
not employed in vocations unsuited to their sex alone, Article 34 seeks to empower women
in the workforce by promoting their participation in a wide range of professions and
economic activities. It challenges traditional gender stereotypes and encourages the
involvement of women in diverse fields.

Gender Equality: The provision of Article 34 reflects a commitment to promoting gender

equality and non-discrimination in employment practices. By addressing the issue of
gender-specific vocational restrictions, the State aims to create a more inclusive and
equitable environment that allows women to pursue careers based on their abilities and
interests, rather than societal expectations.

Societal Progress and Development: Article 34 underscores the significance of advancing

the social and economic well-being of the people, with a particular focus on women’s
empowerment and inclusion. By enhancing women’s access to varied employment
opportunities and economic resources, the State can contribute to overall societal progress
and development.

Maternal and Child Health: The protection of mothers and children mentioned in Article 34
highlights the importance of ensuring maternal and child health, welfare, and rights. The
provision acknowledges the specific vulnerabilities faced by women and children in society
and calls for measures to safeguard their well-being and promote their rights.

Legislative Obligations: Article 34 places an obligation on the State to enact laws and
policies that protect and promote women’s rights, improve social and economic conditions,
and prevent discriminatory practices in employment. It provides a constitutional basis for
the development of legal frameworks that advance gender equality and support women’s
empowerment.

Example: A significant real case study related to the protection of women’s rights and
Article 34 of the Constitution of Pakistan is the case of Mukhtaran Mai, a gang-rape survivor
who fought for justice and women’s empowerment in Pakistan.
Legislations related to women’s right

1. The Muslim family laws ordinance 1961

Ayub Khan President of Pakistan promulgates the Muslim Family Law Ordinance in 1962 on
recommendations of the Commission on Marriage and Family Laws. It deals with the most
important unit of society, family. It is protecting the rights of women by establishing the
system of registration of marriage. State ensured several rights of women as right of Khula,
right of maintenance, right of dower and regularized the system of talaq. Ayub promulgate
Muslim Family Law Ordinance to protect families and secure women rights.

•Registration of marriage: Registration of marriage was necessary to protect the family and
the rights of women. As marriage among Muslim’s is not a sacrament, but purely a civil
contract. Marriage when takes into effect it will create certain rights and duties on both
parties (husband and wife) therefore, to ensure right and duties it is necessary to register
marriage. This ordinance strictly applied the registration of marriage. Once marriage is
registered women can gain his marital right through courts. It was common practice that
males (husband) denied the marriage when they had to give rights of wives. Marriage
registration provides protection against false denial of marriage by either of the spouses.
Marriage Certificate clarifies doubts on date and validity of the marriage in unhappy
circumstances of disputes (whether civil or criminal) between the spouses relating to
divorce, dower, maintenance and other cases.

•Polygamy: Polygamy is most common in rural areas in families without a male heir or in
cases when men fell in love with another woman. Male do not take permission from the
first wives and previous wives are usually ignored. This Act gives protection to women
against second or more marriages of their husband. Husband have to take permission from
the first wife in written and submit in union council then union council summon his wife to
confirm her permission then a male can solemnize second marriage. A husband can
solemnize second marriage without permission of the first wife but if he has substantial
reasons and Arbitration council considered that reasons valid. After the decision of
Arbitration council each party has right to get this matter to court of district collector.
Example, Judicial magistrate Ali Jawwad Naqvi announced the verdict in a Lahore lower
court, ordering the man to serve a six-month jail term and pay a fine of 200,000 Pakistani
rupees ($1,902.95) on contracting second marriage without permission of the first wife.
•Talaq: If husband gives talaq to his wife then according to Sharia he is not husband of
previous wife, but if talaq is not registered then wife cannot contract marriage with
someone else. So, in this situation, women remain in unclear status and if they contracted
marriage with someone else, they have to face litigation and punishment of polyandry,
imprisonment which may extend up to 10 years. Therefore, it is vital for a woman to be
absolutely clear about her marital status and to have documentary proof that she is
properly divorced. Therefore, this ordinance made the registration of talaq mandatory for
male. It is the duty of husband not wife and if he contravenes this provision shall be
punishable with simple imprisonment for a term which may extend to one year, or with fine
which may extend to five thousand rupees, or with both. As per Muslim Personal Law and
under section 7 of the Muslim Family Law Ordinance the husband pronounces talaq (oral or
by way of Deed of Divorce) and sends written notice by registered post to the Union
Council, mentioning address of his ex-wife. Thereafter the concerned union Council sends a
copy of the notice to wife by registered post and it constitutes arbitration Council within 30
days of receipt of notice. Once the iddah period (90 days from the date the union council
receives the talaq notice) is over, the union council will issue a certificate of Talaq being
effective to the husband and wife. This law was originally designed to protect women from
a instant and unrecorded divorce
.
•Maintenance: As per Muslim personal law it is the liability or duty of the husband to
maintain her wife according to the means and financial status of the husband. Husband is
bound to pay monthly allowance to wife till the marriage remains intact even after the
divorce the husband is bound to pay monthly allowance to wife till the period of iddah. In
our society it is difficult for a woman to earn money therefore; it was needed that women
should be protected against financial problems. This ordinance tried to ensure that wives
can enjoy maintenance from their husbands

•Dower: Dower in Islam is gift which is mandatory to pay wife from husband at the time of
contracting marriage. Muslim Family Law Ordinance tried to protect this right as where no
details about the mode of payment of dower are specified in the nikahnama or the
marriage contract, the entire amount of the dower shall be presumed to be payable on
demand. The deferred dower is a sort of guarantee for a woman against ill-treatment, non-
maintenance, desertion or any other abnormality in the family life including; rash and
arbitrary divorce whereas the prompt dower is payable either at the time of marriage or at
any subsequent time when it is demanded by the wife. This law is protecting the right of
dower as it is held in Abdul Satar v. Shugfta Bano case
2. Women Protection Act 2006

In Pakistan Penal Code (Act XLV of 1860) sections 365B, 367A, 371A, 371B were inserted
which dealt with abducting, Kidnapping or inducing women to compel for marriage as well
as abducting or Kidnapping for the unnatural lust, selling the persons for the purpose of
prostitution or buying the persons for the purposes of prostitution, all shall be punished
with death or rigorous imprisonment for a term which may extend to twenty five years and
shall also be liable to fine

The new sections 375 and 376 under the heading of rape were inserted in which “A man
who will commit rape against the will or consent or in a situation where a man got consent
after indulging her in a fear of hurt or death or in the case of where man knows that he is
not married to her and she agreed or showed her consent because she believes that the
man is that whom she is or believes herself to be married or got a girl’s consent who is
under the age of sixteen years would be liable to be punished as death or imprisonment not
less than twenty five years.” In this way the punishments for rape had been repealed. In the
case of gang rape each will face same punishments. In this way the victim of rape would be
no more bound to produce four male pious eye witness Muslims to present evidence.

3. The Prevention of Anti-Women Practices (Criminal Law

Amendment Bill 2011)

The Senate passed this bill on December 23, 2011. This law made three offences unlawful
against women (1) to make a woman deprived of her rightful inheritance by using illegal and
deceitful means (2)To give the girls in badl-e-sulha to settle the disputes which are civil or
criminal .(3)force the women to marriage with Quran according to the traditional values
prohibition of depriving women from inheriting property. The person who wills deceitfully
any woman from her property moveable or unmovable would be punished with
imprisonment for a term which will not be less than seven years and will have to pay the
fine of 1,000,000 rupees. Section 498B states prohibition of forced marriages. The person
who will compel any woman to marry will be punished with imprisonment which will not be
less than three years and will be liable to fine of 500,000 rupees. Prohibition of marriage
with the Holy Quran this law specified the imprisonment not less than three years and five
of 500,000 rupees for the person who will compel a woman to marriage with Quran. In
Pakistan there are many customs and traditions which are against the dignity of humanity.
These customs violate the human rights. Marriage with Quran is defined as an “oath by a
woman on the Holy Quran to remain unmarried for the rest of the life and not to claim
share in inheritance. The objective of this bill is to counter all these inhuman practices in the
society. In the rural and feudal areas of Pakistan the women rights are curtailed by the male
members. Women are vulnerable to subjugation and anti-women practices in these areas of
the country. All their rights which have been granted them by their religion and state are
used by the male members of the society. Women are used to settle the disputes and are
considered as a private property. To use the women for settling the disputes curtails their
right of freedom and right to life. In the feudal areas of the country the Jirga culture prevails
which settle the matter of disputes by giving the minor girls as the Badl-e-Sulha, Wanni and
Sawara culture is mostly prevailing in the tribal areas of the country .A minor girl is
considered a commodity and is given to the rival families against the blood money. This
practice is done in all the provinces of Pakistan with different names asIjaee in Balochistan
Wanni in Punjab Sawara in Khyber Pakhtunkhaw and Sang- Chatti in Sindh .It is a worst form
of violence against women and sheer violation of teachings of Islam as well as the human
rights. A law was made in 2004 as the name of Criminal Law Amendment Act which curbed
such kind of inhuman practices and this law was enacted in 2011 to stop violation of human
rights. This law was the outcome of the countless struggles of the human rights and women
rights activist. Under this new law the person who would practice these inhuman acts would
be punished imprisonment and would be liable to fine.

4. Domestic Violence (Prevention and Protection) Act, 2012

On 20th February Senate passed the Domestic Violence Prevention and Protection Act
2012.This law is leap forward to the women empowerment in Pakistan and it is said that it is
the most progressive act which is relating to the violence committed in the four walls of the
house. Pakistani Women are considered as private property and domestic violence was not
considered as violence at all. This domestic violence made the violence in the chardiwari
(four walls) as a crime or offence which would be punishable as imprisonment and liable to
imposition of fines. This law is a well drafted bill which shows serious efforts to control the
domestic violence against women. The main thing in the Act is that it acknowledged the
domestic violence as an offence. This law enabled the victims to have easy access to courts;
they will no more have to go to the police for filling the FIR to gain entry in the court

5. Protection against Harassment Of Women At The

Workplace Act 2010
 On January 21, Senate passed bill Protection against Harassment of women. The objective
behind this law was to make a code of conduct and this code of conduct would be an anti-
sexual harassment policy which would be the part of every registered organization. In this
law the definition of sexual harassment and other concerning terms were explained
comprehensively. It is stated in this law that every organization will have to form a
committee which would be comprised of three members and at least one member among
the three should be a woman. This committee will gather complaints of sexual harassment.
Sexual harassment is defined in the Act 2010 as “Any unwelcome sexual advance, request
for sexual favors or other verbal or written communication or physical conduct of sexual
nature or sexually demeaning attitudes, causing interference with work performance or
creating an intimidating, hostile or offensive work environment or the attempt to punish the
complainant for refusal to comply to such a request or is made a condition for
employment’’.

In the schedule 2(b) and (i) code of conduct for protection against harassment of women at
the work place is mentioned. This code provides a guideline for the behavior of all
employees, including management and the owners of the organization to ensure an
environment of work which is free of intimidation and harassment. It is the duty of the
management to educate all the employees about this code of conduct and penalties if not
follow or break this code of conduct.
Main objective of this bill is to create a safe environment for women which will free of
harassment. This act mainly addressed two main rights of woman i.e. right to work and right
to dignity. This bill made harassment crime for the first time in Pakistan’s history. Pakistani
women face harassment at streets, at homes, at workplaces and at public places. Women
could not utilize their abilities in well manner due to the harassment, it had made working
environment very uneasy for women. It is the biggest hurdle in the ways of working
women’s progress. The objective of this law is to create such a conductive environment,
where people feel free to work and earn their living, which will make them economically
empowered.

Criminal law and Women’s rights:

Pakistan's criminal laws are largely codified in the Pakistan Penal Code (PPC), which was enacted
in 1860. Certain measures have been taken for empowering women in different areas particularly
related to criminal laws.
Women are highly victim of the sexual assault and domestic violence, honor killings and acid
attacks. There are laws in the legal framework of Pakistan with respect to the crimes mentioned
above related to women. Following are the offences and punishments under Pakistan Penal Code
with provisions.

375. Rape: A man is said to commit rape, who has sexual intercourse with a woman under
circumstances falling under any of the five following descriptions against her will;

1. Against her will

2. without her consent
3. with her consent, when the consent has been obtained by putting her in fear of
death or of hurt;
4. with her consent, when the man knows that he is not Married to her and that the
consent is given because she believes that the man is another person to whom she is
or believes herself to be married; or
5. With or without her consent when she is under sixteen years of age.

376. Punishment for rape: Whoever commits rape shall be punished with death or
imprisonment of either description for a term which shall not be less than ten years or more
than twenty-five years and shall also be liable to fine.

354. Assault or criminal force to woman with intent to outrage her modesty: Whoever
assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely
that he will thereby outrage her modesty, shall be punished with imprisonment of either
description for a term which may extend to two years, or with fine, or with both.

354A. Assault or use of criminal force to woman and stripping her of her clothes : Whoever
assaults or uses criminal force to any women and strips her of her clothes and, in that
condition, exposes her to the public view, shall be punished with death or with
imprisonment for life, and shall also be liable to fine.

366A. Procuration of minor girl: Whoever, by any means whatsoever, induces any minor
girl under the age of eighteen years to go from any place or to do any act with intent that
such girl maybe, or knowing that it is likely that she will be, forced or seduced to illicit inter
course with another person shall be punishable with imprisonment which may extend to
ten years and shall also be liable to fine.
509. Insulting modesty or causing sexual harassment:

(i) Whoever intending to insult the modesty of any woman, utters any word, makes any
sound or gesture, or exhibits any object, intending that such word or sound shall be heard,
or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of
such woman

(ii)conduct sexual advances, or demand sexual favors or uses verbal or non-verbal

communication or physical conduct of asexual nature which intends to annoy, insult,
intimidate or threaten the other person or commits such acts at the premises of workplace,
or makes submission to such conduct either explicitly or implicitly a term or condition of an
individual’s employment, or makes submission to or rejection of such conduct by an
individual a basis for employment decision affecting such individual, or retaliates because of
rejection of such behavior, or conducts such behavior with the intention of unreasonably
interfering with an individual’s work performance or creating an intimidating, hostile, or
offensive working environment; shall be punished with imprisonment which may extend to
three years or with fine up to five hundred thousand rupees or with both.

Domestic violence

Legal framework for domestic violence: In Pakistan domestic violence majorly takes place
due to intimate partner violence, honor killings and dowry. According to a study carried out
in 2009 by Human Rights Watch, it is estimated that between 70 and 90% of women in
Pakistan have suffered some form of abuse. The majority of the victims of violence have no
legal recourse. Law enforcement authorities do not view domestic violence as a crime and
usually refuse to register any cases brought to them.
There are different acts related to violence against women passed by different provinces
of Pakistan:

Punjab Protection of Women against Violence Bill, 2016

The passing of the Punjab Protection of Women against Violence Bill in 2016 protects
women against a whole variety of crimes. These crimes include protection against domestic,
emotional, psychological and economic abuse, stalking and also cybercrimes. Furthermore,
for the first time in the history of Pakistan, this bill includes an implementation mechanism
through the district of Violence Against Women Centers (VAWs), court orders and also has
clauses about the GPS tracking of offenders to enforce protection of the women.

Sindh & Baluchistan: Domestic Violence Laws

The laws of Sindh and Baluchistan have a very detailed definition of the ‘Domestic Violence’,
whence this definition can include emotional, psychological and verbal abuse; harassment;
physical abuse; stalking; sexual abuse; trespass; economic abuse; wrongful confinement;
criminal force; criminal intimidation; assault; etc. Furthermore, these laws also include
information about the protection committees and the appointment of officers to these
committees.

Domestic Violence defined: Domestic Violence (Prevention and Protection) Act, 2012
concerning Islamabad only: Domestic Violence. — Domestic Violence includes but is not
limited to, all acts of gender based and other physical or psychological abuse committed by
a respondent against women, children or other vulnerable persons, with whom the
respondent is or has been in a domestic relationship.

Honor killings and acid attacks: In Pakistan, honor killings have regularly come for
consideration before the courts for years. Until 2004, there was no specific legislation
dealing with the issue. As a result, there is a huge body of jurisprudence pre-2004 that has
been providing narrow interpretations and discriminatory judgments for a long time. It is
important to take a cursory look at how the law on honor killings un-folded in order to
understand and appreciate how the courts deal with honor killing cases currently.

The Criminal Law (Amendment) Act 2004: In 2004, after years of advocacy from civil
society, the Government finally passed an act making honor crimes, especially honor killings
illegal. The Criminal Law (Amendment) Act 2004, referred to as the Honor Killings Law made
a number of changes in the Pakistan Penal Code 1860 (PPC) and the Criminal Code of
Procedure 1898 (CrPC), mainly making additions to existing provisions to include qatl-i-amd
(intentional murder) under the pretext of honor. However, it is important to note that
despite the huge amount of advocacy and collaboration with parliamentarians, a number of
the vital changes demanded by civil society were not incorporated into the Act.

The major amendments made by the law are summarized below:

Amendments as per the Criminal Law (Amendment) Act 2004: The most important
addition in the introduction of a definition of honor crimes was "offence committed in the
name or on the pretext of honor means an offence committed in the name or on the
pretext of karo Kari, siyah kari or similar other customs or practices," which allow family
members to kill women, and also men, on the pretext of having brought dis honor to the
family. The discretion of the court to decide where according to the injunctions of Islam the
punishment of qisas was not applicable has been removed in reference to murder
committed in the name, or on the pretext of honor. It also removes the possibility of the
murderer being the wali (guardian), while also allowing the State to take the responsibility
of wali if necessary. The punishments have been raised from 14 to 25 years. Giving of
women as badl-i-sulah (for marriage or otherwise in compensation for a crime Committed
has been made illegal with penalties. In cases where all the wali do not waive or compound
the right of qisas, or on the principle of causing fasad-fil-ard (chaos or disorder in society),
the court may punish an offender against whom the right of qisas has been waived or
compounded, while also giving a minimum imprisonment for 10 years in case of honour
crimes. Minimum sentences are also given for different related offences. In cases of hurt
where qisas will not be enforced, the court, along with arsh (compensation for hurt) may
award a punishment tazir, especially if it is an honour crime. In situations where the heirs
choose to waive or compound the offence, in cases of honour crimes, a procedure has been
laid down i.e. subject to conditions as the court sees fit according to the facts and
circumstances of the case. Changes in the CrPC include changes made to procedure, i.e.
higher ranks of police officers will be assigned to investigate honour crimes and zina (sexual
relationship outside marriage) offences. It clarifies, as above in the PPC, anyone who can
waive or compound the offence; the conditions have to be approved by the court. It also
takes away the provincial governments power to remit or suspend any sentence on honor
crimes.

Anti-Honor Killing Law of 2016: This law closed the loophole of the Honor Killing Act of
2004 by mandating life imprisonment for the convict even if the victim's relatives forgive
the murderer. However, the law that allows relatives of the victim to forgive the murderer is
still in Pakistan's rule books and is still in practice.

Legal framework for acid attacks: In Pakistan, more than 3,400 cases of acid burning were
reported between 1999 and 2019. With about 200 acid attacks reported annually, Pakistan
has a reputation for being one of the deadliest countries for acid attacks. However, there is
legal protection for such cases related to acid attacks.

The Burn and Acid Crime Bill 2011: This a law aims to prevent and punish acid attacks and
burning incidents, which are often used as a form of violence against women and girls. The
law makes such crimes punishable by life imprisonment, and in some cases, the death
penalty. The law defines acid and burn crimes as acts of violence resulting in permanent
disfigurement, disability, or death. It mandates life imprisonment for those convicted of acid
and burn crimes. In cases where the victim dies, the punishment is death or life
imprisonment. The law requires that investigations be completed within 30 days, and trials
be concluded within 90 days.

The existing legal framework to penalize acid crimes in Pakistan includes the Acid Crime
Prevention Act, 2011, by which Sections 336-A and 336-B were added to the Pakistan Penal
Code, 1860 through an amendment. Acid crimes are also listed in the third schedule of the
Anti-Terrorism Act, 1997 thereby categorizing acid crimes as acts falling within the
definition of terrorism. Due to the two laws granting jurisdiction to different courts, the
ordinary criminal courts and the special Anti-Terrorism Courts, many acid crime cases first
require decision on a jurisdictional question that is which court should entertain such a
case.

Acid and Burn Crime Bill 2018: It holistically lays down the law on aiding and abetting of
such a crime, responsibility of hospitals to treat acid crime victims, and rules of evidence
protection, there is no such law that applies to the rest of the country. Similar to the law on
Acid Crimes in Bangladesh and other jurisdictions, Pakistan needs to enact dedicated
legislation to curb the problem of acid crimes.

Family laws and Women’s Rights

The present situation of family laws in Pakistan is a mixture of codified law and customary
law based on religious norms. Around sixteen (16) family laws deal specifically with family
matters relating to Muslims, three (3) with Christians, eleven (11) with Hindus, one (1)
federal law each with Sikhs and Parsis, while about nineteen (19) are applicable across the
board to all citizens of Pakistan, with a few exceptions. The codified Muhammadan law
clearly defines Muslim personal laws according to predominant School of Thoughts,
however, the Shariat Application Act laid down that in Muslim family matters, the rule of
decision would be Muslim personal law. Facing a situation of inequality, discrimination and
insecurity, both in codified and un-codified law, women began demanding law reform.

After the formation of the Commission on Marriage and Family Laws in 1955, its
recommendations were accepted in a diluted form and the Muslim Family Laws Ordinance
(MFLO) was promulgated in 1961.Its main aim was to discourage polygamy and regulate
divorce. While the law also ensured the right of inheritance of grand children and provided
for procedures and much needed documentation of marriages and divorces, it did not grant
women any substantive rights. Despite the good ‘intentions’ to provide protection to
women in the realm of family law, the law, along with the others continues to have lacunas
that discriminate against women and did not measure up to the expectations of the women
who had struggled on its behalf.

Laws for Marriage

Marriage is the legal union of a man and a woman as husband and wife with mutual
consent. Under Muslim Personal Law, ‘marriage or Nikkah is a religious legal contract that
regularizes the sexual relationship between man and woman. But there are some concerns
about marriage. Some of the, are mentioned below.

•Under Age Marriage

Child Marriage Restraint Act, 1929 and Muslim Family Laws Ordinance, 1961

In Pakistan, the legal age for marriage is 18 for males and 16 for females. Acceptance of
the definition of child under CRC as anyone under 18 years of age. Poor implementation of
laws result in a high number of child marriages even below the prescribed age limit if 16
years for girls and 18 for boys. Despite the fact that underage marriages are liable to
punishment such unions are not rendered invalid.

For the Muslim majority, MFLO, 1961 addresses early age marriages by barring registration
of under-age person. The nikah nama (marriage certificate) framed under MFLO provides a
section to ensure consent in marriage. The rules under MFLO require mandatory signature
or thumb impression of the bride. For grooms, the nikah nama can be signed either by the
groom or his representative, but signing is mandatory for bride and her representative (if
any). It is the duty of the nikah khawan (official/person solemnizing the marriage) to ensure
signatures of all required persons.

•Laws related to divorce: A Muslim Marriage is a civil contract which can be executed and
dissolved like any other contract, however, Husband has an inalienable legal right of divorce
by way pronouncement of Talaq on the other hand wife can only exercise the right of
divorce if the same is granted to her in her marriage contract or nikkhah nama. If in the
event the right of divorce is not granted to the wife then she has recourse of filing for khula
before the family courts of law to obtain judicial divorce. . As per Muslim Personal Law and
under section 7 of the Muslim Family Law Ordinance the husband can pronounces talaq
orally as well as by way of Deed of Divorce.
After the divorce the right of a wife for maintenance extends only during iddat, there is no
bar under Islamic law to provide for alimony to wife in case of divorce. Under the Clause 19
of Nikahnama, the wife can put conditions on the husband’s right to divorce the wife. The
woman can put conditions such as financial compensation, provision of a house etc. as a
restriction on the husband’s right to divorce.

•Child custody: The Guardian and Wards Act 1890, Child Custody has always been a subject
of utmost discussion in underdeveloped and developing countries like Pakistan where the
socio-economic complexities make this even more important. In the event of a divorce, the
parents and their families engage in a new battle to take custody of the child, letting their
egos rue their minds. Under Pakistani and Sharia law, the mother has the preferential right
of custody till a certain age i.e. Hizanat. Afterwards, the fathers' right to the custody of the
child is preferred over the mother as he is believed to be in a better position, financially and
socially, to take care of the child. If the custody of the child is given to the mother, fathers
create a hostile situation to hinder the smooth upbringing of the child. The purpose is to
establish that the mother cannot take care of the child and therefore, the custody be given
to him.

Laws related to inheritance and property of women: Article 23 of the 1973 Constitution
of Pakistan grants all citizens rights to property, Pakistan follows the Sharia rule for the
division of property. There are two main laws that protect the rights of inheritance in the
country:
•Muslim Family Law Ordinance, 1961: This Ordinance may be called the Muslim Family
Laws Ordinance, 1961 and is enacted to give effect to certain recommendations of the
commission on marriage and Family Laws. No man, during an existing marriage, shall except
without permission of the Arbitration Council, contract another marriage. Every marriage
solemnized under Muslim Law shall be registered in accordance with the provisions of this
Ordinance. This Ordinance also provides law for the maintenance of children and wife after
divorce and Talaq.

•The West Pakistan Muslim Personal Law, 1962: This Act may be called the West Pakistan
Muslim personal Law Shariat Application Act, 1962. It extends to the whole of Pakistan.
Notwithstanding any custom or usage, in all questions regarding succession (whether
testate or intestate), special property of females, betrothal, marriage, divorce, dower,
adoption guardianship, minority, legitimacy or bastardy, family relations, wills, legacies,
gifts, religious usages or institutions, including waqfs trusts and trust properties, the rule of
decision, subject to the provisions of any enactment for the time being in force, shall be the
Muslim personal Law (Shariat) in cases where the parties are Muslims
According to the Pakistan inheritance laws, all individuals of sound mind are entitled to
inherit property, both movable and immovable. Muslim inheritance law in Pakistan defines
legal heirs as blood relatives who are eligible to receive a share in a property after the
owner’s death. The domicile of the deceased plays an important part in the division of
inherited property. The property inheritance laws in Pakistan dictate that the judiciary
handling inheritance issues must depend on the last domicile of the deceased.
In case the heirs contest the domicile or if it’s not available, the judiciary depends on the
location of the property. Civil District Court or High Court generally handles such succession
issues if the assets are in Pakistan. It is also important to mention that regardless of their
domicile or nationality, Muslims domiciled in or outside the country are obliged to follow
Muslim inheritance laws when it comes to property distribution in Pakistan. That means
while respective national laws may apply to the estate of non-Muslims domiciled outside of
Pakistan, Islamic property inheritance laws will be applied to the estate of Muslims citizens
even if they were domiciled in a foreign country.
Women’s rights of inheritance

The West Pakistan Muslim Personal Law also known as Shariat Act 1962 and Muslim Family
Law Ordinance of 1961, protect the rights of legal heirs. However, there is no specific law in
the Constitution that serves to strictly prevent denial of inheritance rights to women.
According to the Section 498-A of the Prevention of Anti-Women Practices Act of 2011
(Criminal Law Amendment), depriving women of inheriting property by deceitful or illegal
means shall be punished with imprisonment which may extend to a time period of ten years
but not less than five years. The convicted person may be fined of one million rupees and
imprisoned at the same time

Pakistan has also ratified several international conventions promoting gender equality such
as the Convention on the Elimination of all Forms of Discrimination Against Women CEDAW
and International Labor Organization ILO core convention 100 on equal remuneration for
women. While the Islamic and municipal law promise equal rights to women, the societal
practice makes no such guarantee. A survey conducted in January 2017 and released in a
press release by the non-governmental organisation AGHS Legal Aid Cell, 80 percent of
women reported not getting their legal share in inheritance.
Lack of efficient systems that could streamline transfer of property to women led to many
atrocities committed against them. In some parts of Pakistan, especially in Sindh and
Punjab, marriage of a woman with the Holy Quran was found to be a common practice to
“deny women’s inheritance rights”. Although these marriages could not be attributed to
one cause only and might be a result of lack of suitable proposals, crossing of the
marriageable age for a girl, or to bring honor to the family, yet many Quran marriages were
solely found as a consequence of the greed to maintain family property. Moreover, the
tradition of levirate or “bride inheritance” in which a widow is married to her brother-in-law
was found in practice to prevent fragmentation of family property in different parts of
Pakistan. Similarly, cousin marriages, a customary practice in both rural and urban areas of
Pakistan, were often inspired by the similar idea of retaining control over family land. All
these practices were manifestations of gender relations that exist within the Pakistani
society where women are treated as a mere commodity to preserve inheritance, placing no
value on their right to property by virtue of being a natural heir.

Conclusion
In Pakistan, laws like the Anti-Honor Killing Laws (Amendment) Act 2016 and the Protection
of Women against Domestic Violence Act 2012 are crucial steps towards protecting women
from violence and discrimination. However, we must also address the deeper social and
cultural issues that perpetuate gender-based violence and inequality. We need to create a
society where women are valued and respected, and where survivors of violence and
discrimination are supported and empowered to seek justice under these laws."

This version highlights specific Pakistani laws that aim to protect women's rights and
prevent gender-based violence, while emphasizing the need for broader social and cultural
change to complement these legal protections.This version highlights a specific Pakistani
case law, Farzana Parveen's case (PLD 2014 Lahore 473), to illustrate the importance of
seeking justice and challenging gender-based violence and discrimination. Farzana
Parveen's case was a landmark case in Pakistan, where the Lahore High Court sentenced her
husband to life imprisonment for her honor killing.

References:
 Pakistan: Gender Equality Diagnostic of Select Sectors - World Bank Group (2016)
 Women’s Rights in Pakistan: The Backlash and the Battle Ahead - Human Rights
Watch (2018)
 Gender Equality and Women's Empowerment in Pakistan: Lessons for Policymakers-
United Nations Development Programme (UNDP) Pakistan (2019)
 Referees
 Article 25, Constitution of Pakistan 1973
 Section 8 of Muslim Family Law Ordinance 1961
 Section 9 of Muslim Family Law Ordinance 1961
 Year Book,(2004).Ministry of Women Development in Pakistan.
 Women Development Department
 Punjab Ministry of Human Rights
 Human Rights Commission of Pakistan
 National Assembly of Pakistan