Women’s Legal Rights in Pakistan: Protection and Empowerment

In a country as diverse and complex as Pakistan, the struggle for women's rights remains a dynamic and evolving discourse. While deeply rooted cultural traditions and patriarchal norms continue to influence gender roles, Pakistan has also witnessed significant legislative progress aimed at empowering women and protecting their rights. From constitutional safeguards to specific laws addressing violence and workplace harassment, the legal landscape in Pakistan is gradually shifting towards inclusivity.

This article offers a comprehensive analysis of women’s legal rights in Pakistan, the laws protecting them, the institutions involved in enforcement, and the challenges that hinder true empowerment.

1. Constitutional Guarantees

The Constitution of Pakistan provides the foundational legal guarantees for women’s rights. Key provisions include:

• Article 25: Guarantees equality of all citizens and prohibits discrimination on the basis of sex.

• Article 26 and 27: Ensure equal access to public places and non-discrimination in public appointments.

• Article 34: Calls for full participation of women in all spheres of national life.

• Article 35: Obliges the state to protect the marriage, family, mother, and child.

These articles provide a strong legal foundation, empowering the state to pass gender-sensitive legislation and policies.

2. Major Legal Reforms for Women's Protection

Pakistan has introduced several landmark laws aimed at safeguarding women’s rights, particularly against violence, harassment, and exploitation.

a. Protection Against Harassment of Women at the Workplace Act, 2010

This law defines sexual harassment, provides mechanisms for filing complaints, and mandates the creation of Inquiry Committees in all organizations. The Ombudsperson at federal and provincial levels adjudicates appeals.

b. Domestic Violence Laws

While a federal law on domestic violence remains elusive due to constitutional limitations, several provinces have enacted their own laws:

• Sindh Domestic Violence (Prevention and Protection) Act, 2013

• Balochistan Domestic Violence (Prevention and Protection) Act, 2014

• Punjab Protection of Women Against Violence Act, 2016

• Khyber Pakhtunkhwa Domestic Violence Bill, 2021

These laws provide protection, shelter, counseling, and legal aid to victims, and criminalize physical, emotional, verbal, and economic abuse.

c. Acid Control and Acid Crime Prevention Act, 2011

This law criminalizes acid attacks with severe punishments and regulates the sale of corrosive substances.

d. Anti-Rape and Anti-Honor Killing Laws (2016)

These amendments closed legal loopholes that previously allowed ‘honor killings’ and rape perpetrators to escape justice through compromises or out-of-court settlements.

• Rape is now a non-compoundable offense.

• Honor killing is treated as premeditated murder, punishable by life imprisonment or death.

e. The Hindu Marriage Act, 2017 & Christian Marriage Act (Proposed)

These laws grant legal recognition to non-Muslim women’s marriages, enabling access to property, divorce rights, and child custody.

3. Women’s Right to Inheritance and Property

According to Islamic and Pakistani civil law:

• Women have the right to inherit property from fathers, husbands, and children.

• Section 498A of the Pakistan Penal Code (PPC) criminalizes depriving women of their rightful inheritance.

• The Enforcement of Women’s Property Rights Act, 2020 empowers the Ombudsperson to restore women’s possession of inherited property without lengthy litigation.

However, cultural barriers and coercion often prevent women from exercising these rights effectively.

4. Marriage and Divorce Rights

Nikah and Consent

Women have the legal right to:

• Choose their spouse freely (with consent recorded in the Nikahnama).

• Include conditions in the Nikahnama (e.g., right to divorce, maintenance, education, employment).

• File for Khula (dissolution of marriage initiated by the wife) through the Family Court.

Triple Talaq and Maintenance

Unlike in some other Muslim countries, instant triple talaq is not legally valid in Pakistan. Maintenance and child custody are determined through courts, with family courts handling such cases swiftly under the Family Courts Act, 1964.

5. Laws Against Child Marriage and Forced Marriage

• The Child Marriage Restraint Act, 1929, with amendments in various provinces, sets the legal marriage age at 16 for girls and 18 for boys (18 for both in Sindh).

• Forced marriage is criminalized under Section 498B of the PPC.

• Marriage with the Holy Quran, a cultural malpractice to deprive women of inheritance, is a punishable offense under Section 498C.

Despite legal provisions, enforcement remains weak in rural and feudal settings.

6. Political and Economic Empowerment

Political Rights

Women enjoy the right to vote, contest elections, and hold public office. The Constitution reserves:

• 17% seats in the National Assembly

• 33% seats in local government bodies

Women have served in prominent positions including:

• Prime Minister (Benazir Bhutto)

• Speaker of National Assembly (Fehmida Mirza)

• Supreme Court Judge (Ayesha Malik, 2022)

Labor and Employment Rights

Laws like the Factories Act, 1934 and Shops and Establishments Ordinance protect working women through:

• Paid maternity leave

• Workplace safety

• Equal pay

• Protection against harassment

The Benazir Income Support Programme (BISP) and Ehsaas Programme further aim to support economically vulnerable women.

7. Role of Judicial Activism and Legal Aid

Pakistan’s judiciary has occasionally played a progressive role in safeguarding women’s rights:

• In Shehla Zia v. WAPDA, the Supreme Court interpreted the right to life to include the right to a safe environment, indirectly benefitting women and children.

• Family courts and women protection centers help expedite cases related to marriage, maintenance, and custody.

Legal aid is offered by:

• Human Rights Commission of Pakistan (HRCP)

• Legal Aid Society (LAS)

• Aurat Foundation

• AGHS Legal Aid Cell

8. Challenges to Effective Enforcement

Despite these legal protections, women in Pakistan face systemic barriers:

• Social stigma and victim blaming, especially in rape or harassment cases

• Lack of awareness about legal rights, especially in rural areas

• Police inaction and corruption

• Delays in judicial processes

• Patriarchal pressure discouraging women from seeking justice

• Limited female representation in law enforcement and judiciary

9. The Role of Civil Society and Media

NGOs, women’s rights activists, and the media have played a pivotal role in:

• Raising awareness through campaigns and seminars

• Lobbying for progressive legislation

• Offering shelter, legal aid, and counseling services

• Naming and shaming perpetrators in high-profile harassment and violence cases

Movements like Aurat March, MeToo Pakistan, and Girls at Dhabas have helped amplify women’s voices in the public sphere.

10. The Way Forward: Empowering Women Beyond Laws

While laws are essential, real empowerment requires:

• Education and economic opportunities for girls and women

• Gender sensitization of police, judiciary, and bureaucrats

• Inclusive curriculum that challenges gender stereotypes

• Technology access to promote digital literacy and entrepreneurship

• Quotas for women in judiciary, police, and public service

The focus must shift from merely protecting women to creating environments where they can thrive independently and confidently.

Conclusion

Pakistan’s legal framework for women has seen significant evolution, offering hope in the face of entrenched patriarchy. However, legal rights must translate into lived realities. For that, the collective will of legislators, enforcers, educators, activists, and citizens is essential.

Empowered women are not only a reflection of a just society—they are a prerequisite for national development.

Did you know?
You can file workplace harassment complaints with the Federal Ombudsperson for Protection Against Harassment (FOSPAH) online at: https://www.fospah.gov.pk

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