Law: Pakistan Citizenship Act, 1951

Section: 10(2)

Law: Constitution of Pakistan, 1973

Section: 2-A,25

Pakistan Citizenship Act (II of 1951)--- ----S. 10(2)---Constitution of Pakistan, Arts. 2-A & 25 ----Alien husband of a Pakistani woman---Right of citizenship---Scope---Discrimination---Petitioner (Pakistani woman) invoked constitutional jurisdiction of the High Court with grievance that the respondents (Directorate General of Immigration and passport, Ministry of Interior) declined her husband (an Afghan refugee) a Pakistan Origin Card (POC) ---Validity ---Although S. 10 of the Pakistan Citizenship Act, 1951 gives a Pakistani husband the right to get citizenship for his foreigner wife, but denies a Pakistani wife the right to get citizenship for her foreigner husband---However, it was held in the judgments passed in Suo Motu (Gender Equality) case reported as PLD 2008 FSC 1 as well as PLD 2016 Lahore 857 titled Mst. Rukhsana Bibi and others v. Government of Pakistan and others, that denial of such right is discriminatory, negates gender equality and violates Arts. 2-A & 25 of the Constitution---On basis of said judgments a foreign husband was entitled to apply and to be considered by the Authorities for the issuance of POC in accordance with law ---High Court directed the respondents (Directorate General of Immigration and passport, Ministry of Interior) to consider the case of the husband (Afghan refugee) of the Pakistani woman for issuance of his Pakistan Origin Card (POC)---Constitution petition was disposed of accordingly. Suo Motu's case PLD 2008 FSC 1 and Mst. Rukhsana Bibi and others v. Government of Pakistan and others PLD 2016 Lah. 857 ref. JUDGMENT DR. KHURSHID IQBAL, JUSTICE:---.--- 1. The right of citizenship of an alien husband of a Pakistani woman, under section 10(2) of the 1951 Pakistan Citizenship Law (The Citizenship Act, 1951) has been the subject of litigation for quite a good time. This is despite a verdict of the Federal Shariat Court to effect that the provision is against the Holy Qur'an and Sunnah, discriminatory and against gender equality under the Constitution and Pakistan's international commitments (In re: Suo Motu case No. 1/K of 2006 (Gender Equality, PLD 2008 FSC 1). In the constitutional petition in hand, Ms. Amna…

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