by Muhammad Mohsin Iqbal
Women, being the bedrock of society, play an indispensable role in nurturing and guiding future generations. Their protection and empowerment are paramount for the progress and moral fabric of any nation. Recognizing their pivotal role, Pakistan has embarked on a commendable journey to safeguard and empower its women. Through a series of legislative initiatives, the nation has endeavored to combat violence, discrimination, and injustice, reaffirming its commitment to gender equality and justice.
The Constitution of Pakistan, enshrined in 1973, lays a sturdy foundation for gender parity and protection. Article 25 unequivocally asserts the equality of all citizens before the law, devoid of any discrimination based on sex. This constitutional provision empowers the state to enact special measures for the protection of women and children, embodying the nation’s dedication to gender equality.
Amidst the legal framework lies the Pakistan Penal Code (PPC) of 1860, a robust repository of criminal laws. Through targeted amendments, the PPC addresses various forms of violence against women, including physical harm, assault, forced marriages, and honor killings. These provisions serve as bulwarks against exploitation, reflecting the state’s unwavering resolve to uphold the dignity and safety of women.
Child marriage, a pernicious issue in Pakistan, is often intertwined with other societal and cultural practices. The Child Marriage Restraint Act of 1929, also known as the Sharda Act, prohibits the marriage of children under the age of 18. The Act seeks to curb this practice by establishing the legal age for marriage and prescribing stringent punishments for those complicit in child marriages, including parents and Nikkah registrars. This law is vital in safeguarding the rights of young girls and preventing early, forced marriages.
Within the realm of matrimony, the Muslim Family Law Ordinance of 1961 delineates women’s rights concerning marriage, divorce, and polygamy. By mandating marriage registration and elucidating marital rights, this ordinance ensures women’s protection within matrimonial bonds, fostering a more equitable society.
Dowry-related violence is a significant concern in Pakistan. The Dowry and Bridal Gifts (Restriction) Act of 1976 aims to regulate the practice of giving dowry and bridal gifts. The Act places restrictions on the aggregate value of dowry and presents given to the bride by her parents, as well as the aggregate value of bridal gifts or presents given to the bridegroom. The Act also outlines penalties for violations, including fines and imprisonment, to curb excessive expenditures and protect the rights of brides in Pakistan.
The legislative landscape extends to encompass heinous crimes through the Anti-Terrorism Act of 1997, which addresses offenses such as child molestation and gang rape, ensuring swift justice for victims. Similarly, the Prevention and Control of Human Trafficking Ordinance of 2002 combats the scourge of human trafficking, offering protection to vulnerable women and children.
Workplace harassment, a pervasive threat, is tackled by the Protection Against Harassment of Women at the Workplace Act of 2010, mandating penalties and establishing mechanisms for redressal. This act defines harassment broadly, includes provisions for penalties, and mandates the establishment of harassment committees in workplaces. It also requires the appointment of an Ombudsman to handle such cases, ensuring a systematic approach to combating workplace harassment.
Likewise, the Domestic Violence (Prevention and Protection) Act of 2012 marks a significant milestone in addressing domestic violence, criminalizing physical, sexual, and mental abuse within households. It provides protection not only to women and children but also to adopted, employed, and domestic associates. The law emphasizes swift legal proceedings and outlines specific protections and penalties, ensuring a robust response to domestic violence.
Further strides are made through legislative amendments, such as the Protection of Women (Criminal Law Amendment) Act of 2006, which amends two Hudood Ordinances, removes clauses related to rape and other sexual crimes from the Zina Ordinance and incorporates them into the Pakistan Penal Code. This move applies the broader procedural safeguards and evidentiary rules of the PPC, thereby enhancing legal protection for victims of sexual violence.
Similarly, the Prevention of Anti-Women Practices (Criminal Law Third Amendment) Act of 2011 targets harmful customary practices such as Wanni, Swara, and forced marriages. It also criminalizes depriving women of their inheritance and marriage to the Holy Quran, reflecting the state’s stance against these oppressive traditions.
Pakistan’s legislative efforts represent a significant leap towards protecting women’s rights and combating violence. These laws provide a comprehensive framework to address various forms of violence, ensuring that women can live with dignity and safety. While implementation remains a challenge, the legal groundwork laid by these measures is a critical step in the journey towards gender equality and justice in Pakistan.
By recognizing the intrinsic value of women in society and enacting these protective measures, Pakistan not only upholds the dignity and rights of women but also fortifies the moral and social fabric of the nation
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