Law: Constitution of Pakistan, 1973

Section: 25(3)

(a) Convention for the Elimination of all forms of Discriminations against Women ("CEDAW")--- ----Arts. 4 & 5---Constitution of Pakistan, Art.25(3)---Civil service---Recruitment---Reservation of quota for women---Special measures for protection of women---Gender Stereotyping and prejudice---Concept of reservation of seats for women on quota---Recruitment of women on open merit in presence of reserved seats/quota for women---Appellants impugned order of Single Judge of High Court whereby Constitutional petition of respondents was allowed and it was held that maximum limit of five percent seats for female candidates for recruitment to a Department by Provincial Government was discriminatory and illegal---Contention of Provincial Government, inter alia, was that per quota fixed by a notification, female candidates could only be adjusted against a five percent quota and remaining seats must be allocated to male candidates---Validity---Understanding of the Provincial Government for recruitment against reserved seats was misconceived and went against spirit of Art.25(3) of the Constitution which permitted seats to be reserved for women as a special measure for protection of women---Reservation of seats for women for public sector employment was an affirmative action to ensure that women got equal opportunity and equal access while applying for public sector jobs---Per the Convention for the Elimination of all forms of Discriminations against Women, to which Pakistan was signatory, Government was required to devise policies to remove obstacles and barriers for participation of women in all walks of life---Essence of fixing quotas for women in public service was to enhance their participation and ensure that equal opportunity was given to women while applying for public sector jobs and its object was never to reduce participation of women to a quota---High Court observed that reservation of five percent seats for females meant that Department should ensure that at least five percent of all candidates appointed were female and the said quota did not bar female candidates from competing on open merit---High Court further observed that gender stereotyping or…

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