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.
