The legal rights of women in Pakistan have evolved through a blend of Islamic jurisprudence, constitutional guarantees, and legislative reforms. Despite persistent challenges, numerous laws are in place to protect, empower, and uplift women across social, economic, and political spheres. This article explores these rights and highlights both achievements and ongoing struggles.
The Constitutional Framework
The Constitution of Pakistan lays a strong foundation for gender equality. Article 25 of the Constitution explicitly states:
“All citizens are equal before the law and are entitled to equal protection of law.”
Moreover, Article 34 emphasizes the full participation of women in all national life. These provisions serve as the cornerstone for legislative actions and legal interpretations that favor women’s empowerment.
Marriage, Divorce, and Family Rights
Right to Consent in Marriage
Islamic law, which influences personal status laws in Pakistan, gives women the right to choose their spouse. Under the Muslim Family Laws Ordinance 1961, the Nikahnama (marriage contract) includes a section where the bride’s free consent is to be recorded. Forced marriages are criminalized under the Prevention of Anti-Women Practices Act 2011, which strengthens women’s autonomy in matrimonial decisions.
Right to Divorce
Women in Pakistan have the right to initiate divorce through Khula. While the process is court-based and requires judicial approval, it empowers women to seek separation on valid grounds such as cruelty, neglect, or incompatibility. Men can pronounce Talaq, but legal procedures now require notification to the Union Council, giving time for reconciliation.
Maintenance and Custody
Women have the right to claim maintenance for themselves (during Iddah) and their children. After divorce, custody laws prioritize the welfare of the child, and courts often grant mothers primary custody, especially for younger children.
Protection from Violence and Abuse
Domestic Violence Laws
The Domestic Violence (Prevention and Protection) Acts passed by various provinces (e.g., Sindh 2013, Punjab 2016) define domestic abuse broadly, covering physical, emotional, psychological, and economic abuse. These laws authorize protection orders, residence orders, and monetary relief for victims.
Harassment at the Workplace
The Protection Against Harassment of Women at the Workplace Act 2010 mandates organizations to establish internal inquiry committees and outlines penalties for harassers. It also created the Ombudsperson for harassment cases—an important avenue for professional women seeking justice.
Rape and Honor Crimes
Recent legal reforms, such as the Anti-Rape (Investigation and Trial) Act 2021, have improved investigation standards, introduced gender-sensitive protocols, and established special courts. Moreover, honor killings are now non-compoundable offenses, meaning the perpetrator cannot escape punishment through forgiveness from family members.
Economic and Property Rights
Right to Inheritance
Under Islamic law, women have a clear right to inherit property. However, cultural practices often deny them their due share. The Enforcement of Women’s Property Rights Act 2020 allows women to file complaints directly with the Ombudsperson, who can restore possession without the long delays of civil courts.
Access to Employment and Financial Services
Women are legally entitled to work in any field and receive equal pay for equal work. Government initiatives such as BISP (Benazir Income Support Programme) and Kamyab Jawan Programme support women through financial aid and entrepreneurship schemes. Microfinance institutions have also empowered women to start their businesses.
Political Participation and Representation
Voting Rights
Women in Pakistan gained the right to vote in 1947. However, social pressures and administrative barriers still restrict female voter turnout in some areas. The Election Act 2017 made it mandatory for political parties to field at least 5% women candidates on general seats and declared elections null if women’s turnout is below 10% in any constituency.
Reserved Seats in Parliament
To increase representation, reserved seats for women exist in the National Assembly, Senate, and Provincial Assemblies. These quotas ensure that women have a voice in policymaking and oversight.
Access to Education and Healthcare
Legal Obligation for Female Education
The Right to Free and Compulsory Education Act 2012 mandates free education for children aged 5 to 16, including girls. While enrollment has improved, especially in urban areas, rural and tribal regions still struggle with cultural resistance and a lack of infrastructure.
Reproductive Health and Maternity Rights
Women are entitled to maternal healthcare and maternity leave under the Maternity Benefits Ordinance 1958 and the West Pakistan Maternity Benefit Rules 1961. Healthcare policies now increasingly include reproductive rights, although access remains uneven across regions.
Role of the Judiciary and Human Rights Institutions
Role of Courts
Pakistan’s judiciary has often stepped in to protect women’s rights through suo motu actions and landmark judgments. Courts have interpreted laws progressively to protect women from wrongful confinement, workplace discrimination, and violence.
Role of Human Rights Organizations
Government and non-government organizations like the National Commission on the Status of Women (NCSW) and Aurat Foundation monitor rights violations, support legal reforms, and provide assistance to victims. These institutions bridge the gap between policy and practice.
Challenges and Cultural Barriers
Despite legal safeguards, women face barriers including:
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Patriarchal norms
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Lack of awareness about rights
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Fear of social stigma
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Weak implementation of laws
Legal empowerment must go hand-in-hand with social change. Community awareness, legal literacy programs, and reform of outdated customary laws are critical next steps.
Encouraging Progress and Future Directions
Legal Reforms in Progress
Ongoing reforms aim to enhance protection mechanisms further and streamline judicial processes. For instance, laws under review include revisions in sexual violence definitions, marital rape provisions, and online harassment regulations.
Youth and Grassroots Movements
Educated youth and civil society organizations are increasingly advocating for gender justice. Campaigns such as #MeTooPakistan and the Aurat March have brought attention to critical issues and created new momentum for change.
Conclusion
The legal rights of women in Pakistan reflect a journey of struggle, resistance, and gradual progress. While the law offers a robust framework for protection and empowerment, its effectiveness depends on enforcement, education, and community support. Empowering women legally is not just a matter of justice—it is essential for national development, peace, and prosperity.
