Constitutional and legal status of women in Pakistan

Gender Studies · Women in Pakistan. The idea in plain words, the rules to remember, the mistake to avoid and a worked example, written and checked by Mega Lecture.

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The idea

The 1973 Constitution protects women at two levels. Fundamental rights can be enforced in court: Article 25 on equality of citizens and Article 27 on non-discrimination in government service. Principles of Policy guide the State but cannot be enforced in court: Article 34 on the full participation of women in national life and Article 35 on protection of the family.

Article 25(3) allows the State to make special provisions to protect women and children, so measures in favour of women do not breach equality.

Ordinary laws fill in the detail. The most tested are the Muslim Family Laws Ordinance 1961, the Protection of Women Act 2006 and the workplace harassment Act of 2010.

Rules to remember

Article 25: all citizens are equal before law; no discrimination on the basis of sex; 25(3) permits special provisions for women and children.
Article 27: no discrimination in appointment to the service of Pakistan. Article 34: full participation of women in national life. Article 35: protection of marriage, family, mother and child.
MFLO 1961: compulsory registration of marriages; written permission of the Arbitration Council for a second marriage.
MFLO 1961: talaq takes effect 90 days after notice to the Chairman of the Union Council; section 4 gives the children of a deceased son or daughter a share in the estate.
Dissolution of Muslim Marriages Act 1939: grounds on which a wife may obtain a court decree of dissolution.
Protection of Women (Criminal Laws Amendment) Act 2006: amended the Hudood Ordinances of 1979 and returned rape to the Pakistan Penal Code.
Protection against Harassment of Women at the Workplace Act 2010: public and private organisations; inquiry committee of three with at least one woman.

Common mistake

Students treat Article 34 as an enforceable right. It is a Principle of Policy; the right a woman can enforce in court is equality under Article 25, and Article 27 for government jobs.

Worked example

A husband pronounces talaq and delivers written notice to the Chairman of the Union Council on 1 March. If he does not revoke it, on what date does the talaq take effect under the Muslim Family Laws Ordinance 1961?

The talaq takes effect when 90 days have passed from the day the notice is delivered.
30 days after 1 March is 31 March; 30 more is 30 April; 30 more is 30 May.
During this time an Arbitration Council tries to reconcile the couple, and the husband may revoke the talaq.

Answer: 30 May, unless the talaq is revoked earlier.

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