Gender progress

The Federal Constitutional Court (FCC) is visible in this image. — Geo TV/File

On Monday, the Federal Constitutional Court ruled that custody of a child cannot be granted to the grandmother or paternal aunt solely on the basis of the mother’s second marriage. The decision comes in the context of a case concerning the custody of a nine-year-old child. Custody was initially granted to the mother, after the death of the father, but this decision was contested by the child’s paternal aunt, grandmother and uncle. During the hearing, counsel for the appellant was asked why the aunt and uncle wanted custody of the child and whether they had ever inquired about the child’s upbringing. The lawyer argued that the mother had remarried, prompting one of the judges to question how custody could be transferred to someone else for that reason alone. The judge also emphasized that the case before the court was solely about custody of the child and that it appeared that property interests were more important than the child’s well-being, ultimately ruling that granting custody to the mother was in accordance with the law. This is an encouraging decision for the rights of women and children. No mother should be forced to abandon her child, provided the child is properly cared for, simply because she has remarried. Nor should the well-being of the child take a back seat to property disputes and who will inherit what.

This FCC decision appears to be the latest in a series of legal rulings and legislation aimed at advancing women’s rights and gender equality. Last March, the Islamabad High Court issued legislative guidelines to effectively protect and enforce the financial rights of women and amend the marriage certificate (nikkahnama), ruling that the bride’s dowry and personal gifts belong to her and that after separation between husband and wife in the event of divorce, the husband is required to return the entire dowry. However, while such decisions are undoubtedly a step in the right direction, it is worth noting that most Pakistani women do not have the means to appear in court. Just looking at the constitution and laws, one could reasonably argue that Pakistan is a fairly progressive country when it comes to gender equality. However, as is the case with most of the country’s problems, it’s implementation that is holding things back.

So much more work will be needed in Pakistan to close the gender gap. Just to get an idea of ​​the scale of the task, the country ranked last in the World Economic Forum’s Global Gender Gap Report 2025, out of 148 countries. However, it is not as if progress cannot be made or has not been made. Several institutions in the country remain determined to improve the situation. Last week, the Ministry of Human Rights informed the Senate Functional Committee on Human Rights that it had recommended increasing women’s representation in the federal cabinet to at least 10 percent. The ministry also said that conviction rates in gender-based violence cases, which were previously around 4% before 2020, have improved significantly with the establishment of 480 gender-based violence courts, six anti-rape crisis cells (ARCCs) and a strengthened legal framework after 2021. This is encouraging news and the government would do well to heed the ministry’s recommendation.

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