The Constitution of Pakistan upholds the principles of equal rights and equal treatment of all persons. In practice, Pakistani women are treated only as second-class citizens in many ways. Following traditions of patriarchy, they are subject to systematic subordination to men, to various degrees across all levels of society and in all regions.
Women are seen to have mainly a reproductive role and their movements are restricted through the Islamic practice of purdah which requires physical segregation of men and women. Even though a slow closing of the gaps between men and women has been observed, women still have limited access to education, employment and health services.
Lack of government resources, high poverty and low levels of literacy all contribute to the fact that very few women are aware of their rights, while also complicating the implementation and enforcement of reforms intended to improve their situation.
Women in Pakistan have very little legal protection in regard to family matters. Under the Child Marriage Restraint Act of 1929, the minimum age of marriage is 16 years for females and 18 years for males. The incidence of early marriages is high. A 2004 United Nations estimated that 21 per cent of girls between 15 to 19 years of age were married, divorced or widowed. Marriages are sometimes arranged in order to settle disputes between different clans, particularly in rural areas. Women required to enter into such marriages are not necessarily consulted beforehand. Recent legal amendments criminalised this type of arrangement and violators may be imprisoned, but there is no data to demonstrate if these amendments are enforced.
Polygamy is legal, but only under strict pre-conditions and the practice is generally frowned upon. No official data on the prevalence of polygamy exist, but it is estimated that around 5 per cent of married men are involved in polygamous relationships. Reportedly, men who decide to take more than one wife rarely obtain consent and the required letter of permission from their first wives.
The law discriminates against women in relation to parental authority. Fathers are considered the natural guardian of children, whereas mothers are merely “custodians” – with no legal authority. In the event of divorce, Islamic Sharia law grants custody of young children to their mothers. Once children reach a certain age, however, custody normally reverts to the father or his family.
Inheritance practices are complex and to a great extent governed by Islamic Sharia law. Women may inherit from their fathers, mothers, husbands or children, and under certain conditions, from other family members. But their share is generally smaller than to which men are entitled. Daughters, for example, typically inherit half as much as sons. This is commonly justified by the argument that women have no financial responsibility towards their husbands and children. The social status attached to property and land often makes it difficult for widows and daughters to inherit even their entitled shares, as they may face opposition from the deceased man’s relatives.
Legal frameworks offer little protection for the physical integrity of Pakistani women. The prevalence of violence against women is very high. There is no specific law covering gender-related violence, instead such crimes fall under the general Penal Code. A clear gap exists between legislative measures and enforcement mechanisms. Common domestic and customary forms of violence include spousal rape, dowry-related violence and honour killings. Women have the legal right to press charges against their abusers, but rarely report incidents for fear that their accusations will be distorted to place the blame back on their shoulders.
Critics suggest that provisions in the “Hudood Ordinances” provide perpetrators of violence against women with a degree of immunity from prosecution and punishment, and also make it more difficult to obtain a conviction. For example, in the case of rape, Hudood Ordinances require that the woman provide sufficient evidence – defined as statements from four Muslim adult witnesses. Without such evidence, she runs the risk of being prosecuted for illicit consensual sex. The related laws of Qisas (retribution) and Diyat (compensation) allow victims or heirs of victims to determine whether to demand retribution or compensation, or to pardon the accused. As crimes committed against women rarely receive appropriate consideration by the courts, these laws can work against women in cases where they are seen to be at fault.
Female genital mutilation is not a general practice in Pakistan, but is known to occur in some parts of the country, particularly among Bohra Muslims.
Evidence suggests that Pakistan is a country of considerable concern in relation to missing women. Hudson and others used census data to show that close to six million Pakistani women were missing in 1998. This is primarily the result of son preference, which leads to female sex-selective abortions and relative neglect (including abandonment) of girls compared to boys in early childhood.
Although there are no legal restrictions to women’s ownership rights in Pakistan, discriminatory traditions and norms prevail. Women have the right to access to land, but data suggest that the share of female land ownership is very low. A household survey, published in 2005 by the International Centre for Research on Women, found that women owned less than 3 per cent of the land – even though 67 per cent of sampled villages agreed that women had a right to inherit land. Further, in cases where women do own land, they may not have actual control over it. Increasingly, rural women are forming co-operatives, often with the assistance of micro-credit lending institutions such as the Khushhali Bank and the Pakistan Poverty Alleviation Fund.
The law grants Pakistani women access to property other than land (including the right to own, administer and dispose of such assets) on the same grounds as men. In reality, many women allow their husbands to manage such property on their behalf. According to the law, the earnings of a husband and wife are seen as their respective, independent property.
Pakistani women are entitled to access to bank loans and other forms of credit, and a number of credit institutions now target women. However, their access is limited by their inability to provide the required collateral. Women with low literacy or limited mobility are further disadvantaged by their inability to obtain the National Identity Card needed to secure a loan.
The civil liberties of women in Pakistan are severely limited. Although they have the legal right to freedom of movement, traditions and customary practices (including purdah) limit their ability to exercise this right, to various degrees in different regions. Some reports claim that these restrictions have been used to prevent women from voting or submitting candidatures for election. Women do have the right to apply for passports on the same grounds as men.
The practice of purdah restricts women’s legal right to freedom of dress by obliging them to wear a veil in public. In the strictest form of purdah, women must conceal themselves completely from head to toe.
Asian Development Bank (2000), Women in Pakistan, Country Briefing Paper, Programs Department and Office of Environment and Social Development, Manila.
CEDAW (Committee on the Elimination of Discrimination against Women) (2005), Consideration of Reports Submitted by States Parties Under Article 18 of the Convention on the Elimination of All Forms of Discrimination against Women: Pakistan, Combined Initial, Second and Third Periodic Report of States Parties, CEDAW/C/PAK/1-3, CEDAW, New York, NY.
Foundation for Women’s Health Research and Development (n.d.), www.forwarduk.org.uk, accessed February 2008.
Hudson, V. and A. Den Boer (2005), “Missing Women and Bare Branches: Gender Balance and Conflict”, ECSP (Environmental Change and Security Program) Report, No. 11, The Woodrow Wilson International Center for Scholars, Washington, DC.
Hyat, K. (2006), “Pakistan: Polygamy Allowed by Law but Socially Taboo”, Voices Unabridged: The E-Magazine on Women and Human Rights Worldwide.
ICRW (International Centre for Research on Women) (2005), Property Ownership for Women Enriches, Empowers and Protects: Toward Achieving the Third Millennium Development Goal to Promote Gender Equality and Empower Women, ICRW, Washington, DC.
Klasen, K. and C. Wink (2003), “Missing Women: Revisiting the Debate”, Feminist Economics, Vol. 9, No. 2-3, Routledge, London.
Mumtaz, K. and M. Noshirwani (2006), Women’s Access and Rights to Land and Property, International Development Research Centre, Ottawa.
Uhlman, K. (2004), Overview of Shari’a and Prevalent Customs in Islamic Societies: Divorce and Child Custody, Expert Law, www.expertlaw.com.
UN (United Nations) (2004), World Fertility Report 2003, UN Department of Economic and Social Affairs, Population Division, New York, NY.
