Law: Constitution of Pakistan, 1973

Section: 4,25

(a) Constitution of Pakistan --- ----Arts.4 & 25---Universal Declaration of Human Rights (UDHR), 1948, Arts. 7 & 8---International Covenant on Civil and Political Rights (ICCPR), 1966, Arts. 2 & 26---Convention on the Elimination of all Forms of Discrimination AgainstWomen (CEDAW), 1979, Art.15---'Jirgas', 'panchayats', 'council of elders---Discrimination against women---Lack of access to justice and equality before law---Art.7 & 8 of Universal Declaration of Human Rights (UDHR), 1948, Art.2 & 26 of International Covenant on Civil and Political Rights (ICCPR), 1966, and Art.15 of Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW), 1979, placed a responsibility on the State of Pakistan to ensure that all women in Pakistan had access to courts or tribunals, were treated equally before the law and that in civil matters identical legal capacity and opportunities were accorded to them as those accorded to men and they be treated equally in all stages of procedure in courts and tribunals---Access to justice, was both a right in itself and the means of protecting and restoring other basic human rights---Negligible representation of women before jirgas/panchayats which already mirrored a patriarchal and feudal/tribal set-up was a blatant violation of Art.2(1) of the ICCPR which enjoined upon all State Parties the duty to protect the human rights under the ICCPR regardless of social or national origin whereas Art.2(3) thereof particularly emphasized on the provision of an effective legal remedy---When these bodies (council of elders/jirgas/panchayats etc.) posing as the dispensers of justice themselves became the violators of the rights to due process and other human rights under the ICCPR, having no regard of the law, as their word, wisdom and customs alone were law, Art.26 of ICCPR stood completely ignored since in permitting such jirgas/panchayats etc. in some areas while the rest of the country was entitled to seek their legal remedies through the courts of law, unabashed discrimination was allowed on the account of sex, language, religion, national or social origin, property, birth and financial status---Supreme Court directed that…

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