A Critical Examination of The Persistent Fight for Women's Rights in Pakistan

Abstract

Pakistan, a country desperately seeking to become a model democracy of the world, continues to experience serious human rights abuses. The constitution of the country ensures basic human rights are protected; however, the daily happenings are another story all together. The focus of this paper is to analyse the judiciary of Pakistan concerning the protection of human rights in the country. Without doubt, Pakistani judiciary indeed has a pivotal role in the protection or human rights. The legal victories have involved fighting prejudice, demanding fundamental rights such as the rights to freedom of speech and assembly, the recognition of individual rights against the state and state apparatus and violations of human rights. The courts have also played a role in a safeguard of the weaker sections of the society such as; women, religious groups, and the poor. These interventions have created hope of a better world for everyone to live in a manner that is not prejudice by their status in life. Yet, there are certain factors that actually undermine the practical efficiency of courts. Classic example is when justice is delayed or when justice is expensive, poor and vulnerable persons are denied access to justice. Further, there is political control which lowers the independence of the judiciary, and therefore, the court may deliver political decisions. Moreover, prejudices of the society and concrete or ingrained male dominance can negatively affect the judicial decisions and for this reason it is not always that a rights-based society can be achieved. Consequently, it is evident that the protection of human rights in Pakistan is a complex process and the subject must be treated from different angles. Some of the significant changes include the enhancement of judicial independence, legal process simplification to enhance the rule of law for everyone who requires legal help, and the promotion of human rights. To ensure that principle dominates practice then the judiciary, civil society, and the government must work together to close the gap between the court and society. The effective promotion and protection of human rights for all the citizens within the region can only be felt adequately by Pakistan courts if people come together and work towards the realization of this.

Keywords: Human Rights, Judiciary, Rule of Law, Access to Justice, Institutional Reform.