Gender and Access to Justice: Pakistan Case

Abstract

This paper is divided into two parts. The first part includes a synopsis of constitutional amendments and points out its effects on women‘s rights. It deals in detail, with the process of Islamization of laws and shows how earlier legislation such as Muslim Family Law ordinance, 1961 which is generally recognized as an ameliorated piece of legislation for women, conflicts with and is subverted by the Adultery (enforcement of Hudood) Ordinance (Adultery, Fornication and Rape Laws), 1979. The Qanun-e-Shahadat (Law of Evidence), 1984, ‗Qisas‘ and ‗Diyat‘ Ordinance (offences Against the Human Body), 1990, and Conflicting case law on the Ordinance are also discussed.
The second and final part of the paper outline the case studies deals with the case of wali, another case demonstrating complications arising out of a conflict between the Muslim Family Law Ordinance, 1961 and the Adultery Ordinance, 1979 and the case study showing a liberal interpretation given by the courts concerning the women‘s right to ‗Khula‘ (release from marriage contract). In this way, case studies are selected to reflect both negative and positive aspects of the judicial system of Pakistan.