Women activists’ strategic use of the courts in Pakistan

ABSTRACT

The women's movement in Pakistan strategically used the courts to fight for rights-based empowerment over the last 40 years. Its demand to hold the state and judiciary accountable for delivering on its constitutional promise of fundamental rights has led to landmark public interest litigation jurisprudence. This paper presents for the first time the movement's full history of litigation in its key areas of concern: sexual and reproductive rights, protection from discriminatory laws and informal justice mechanisms, socio-economic and environmental rights and political rights. Achievements include positive verdicts, sensitizing judges, progressive legislation and increased public awareness.

KEYWORDS:

• Women's movement
• strategic litigation
• public interest litigation
• Pakistan

Disclosure statement

No potential conflict of interest was reported by the authors.

Notes on contributors

Ayesha Khan is the author of The Women's Movement in Pakistan: Activism, Islam and Democracy (2018). She works with the Collective for Social Science Research.

Sara Malkani is an advocate of the High Courts of Pakistan and Advocacy Adviser Asia at the Center for Reproductive Rights.

Zonia Yousuf is Research Officer at the Collective.

Notes

1 Federation of Pakistan v. Maulvi Tamizuddin Khan PLD 1955 FC 240.

2 State v. Dosso, PLD 1958 SC 533.

3 Asma Jilani v. Government of Punjab, PLD 1972 SC 139.

4 Begum Nusrat Bhutto v. The Chief of Army Staff, PLD 1977 SC 657.

5 Benazir Bhutto v. Federation of Pakistan PLD 1988 SC 416.

6 Ibid.

7 Wattan Party v. Federation of Pakistan 2012 PLD SC 292.

8 Allah Bux and Another vs The State, PLD FSC 101 1982.

9 Safia Bibi v. The State, NLR 1985 SD 145.

10 PLD 2004 Supreme Court 219 (Criminal Appeal No.98 of 1997 and Civil Appeal No.563 of 1997).

11 Pakistan ratified CEDAW in 1996.

12 The 1997 Asia-Pacific Forum for Judicial Education and Equality Issues was hosted by Simorgh in Lahore.

13 Mst Humaira Mehmood – Petitioner vs The State and others – Respondents PLD 1999 Lahore 494.

14 The Protection of Women (Criminal Laws Amendment) Act, 2006.

15 The 2016 honour killing of social media star Qandeel Baloch, and release of Sharmeen Obaid-Chinoy's film A Girl in the River: the Price of Forgiveness triggered reforms in the law.

16 Sara Malkani filed the case. Petitioners include prominent activist Sheema Kermani.

17 They co-founded the Human Rights Commission of Pakistan in 1987.

18 The Governor of Punjab Salman Taseer and Minister for Religious Minorities Shahbaz Bhatti were assassinated in 2011 for recommending the laws be reformed.

19 Salamat Masih and another - Appellants vs The State – Respondent 1995 P Cr. L J 811.

20 Criminal Appeal No.39-L of 2015.

21 1990 PLD SC 513.

22 1994 PLD SC 693.

23 Mst. Rukhsana Bibi and others---Petitioners Versus Government of Pakistan and others---Respondents (2016).

24 Muhammad Ahsan Bhoon v. Federation of Pakistan, etc. (2017).

25 Const. Petition 119-120/2012; Const. Petition 5/2007.

26 South Asian Partnership vs Federation of Pakistan, etc. (2017); Taang Wasaib Organization v. FOP, etc (2017).

27 WAF & Others v. Chief Justice of Pakistan Saqib Nisar, Reference before Supreme Judicial Council, filed on 10 October 2018.

Additional information

Funding

This work was supported by Department for International Development: [Grant Number PO 7239].