CONSTITUTIONAL PROTECTION OF WOMEN'S RIGHTS IN PAKISTAN WITH A PERSPECTIVE OF FAIR TRIAL RIGHTS

Abstract

In Pakistan, the Constitution ensures equality, dignity, and due process for all its citizens, but there is a huge mismatch between the reality of women's experience in criminal and civil justice systems and the actual practice of the system. The constitution and statutory law protecting women's rights in Pakistan are explored in this article with emphasis on provisions of fair trial under Article 10A of the Constitution, in conjunction with Articles 4, 8, 9, 14 and 25 of the Constitution. It discusses the evolution of these guarantees in key Supreme Court and High Court decisions involving marriage by choice, honor-based violence and the end of virginity tests in cases of sexual violence. The analysis shows that while constitutional and legislative reform has greatly advanced, the implementation of these changes has been significantly lagging, particularly in relation to the ability of women as accused, victim, witness and litigant to enjoy meaningful access to fair trial rights. It sets out the International Covenant on Civil and Political Rights (ICCPR), the Convention on the Elimination of All Forms of Discrimination against Women, and other similar models as parallels for Pakistan and enumerates the lessons to be learned for Pakistan. It finds that coordinated reform of the training of police officers, forensic protocols and evidentiary procedures, judicial capacity, and legal aid facilities and accountability mechanisms is needed to address the gap between guarantee and practice, not just more declaratory legislation.