Islamabad: Pakistan’s Senate body on law has rejected the constitutional amendment bill seeking to include women’s right of inheritance as the fundamental right under the Constitution.
The Senate Standing Committee on Law and Justice on Wednesday rejected two constitution amendment bills and approved two during the meeting.
The ‘women’s inheritance rights’ bill was moved by Pakistan Muslim League-Nawaz (PML-N) Senator Saadia Abbasi. She had suggested the addition of a new Article 24A in the Constitution and proposed the amendment so that “no women shall be deprived of her share from inheritance in Pakistan”.
She said the purpose of the bill was “to acknowledge, declare and assert the right of women in inheritance as a fundamental right in consonance with principles of Islam.” The amendment would enable women to directly approach the Supreme Court on matters related to inheritance, she added. Islamic law entitled women to inherit immovable and movable properties, yet women have been denied this right in practice, she said.
However, the committee disapproved the bill with a majority vote after a detailed discussion. Senator Azam Swati said that there was no need to list the matter of inheritance as a fundamental right since there are relevant laws to protect women’s right to inheritance. The committee chairman Committee Senator Syed Ali Zafar praised the initiative, however, he contended that “existing laws should be improved and further strengthened in order to make sure that women are not denied inheritance”. Senator Farooq H. Naek also opposed the amendment, calling for better implementation of existing laws.
Women’s Property Rights Bill 2021
The constitution of Pakistan, in its article 23, recognises the property rights of all citizens. However, women who make up half of Pakistan’s population, continue to face social, cultural and legal barriers to access, own and administer property.
In July this year, Pakistan’s President Dr Arif Alvi signed an important bill into law that protects women’s property rights and ownership and ensures that their rights are not violated by means of harassment, coercion, force or fraud. It offers an efficient and speedy grievance redressal mechanism under which a Pakistani woman deprived of ownership of property or possession of her property, may file an appeal to the ombudsman if no proceedings in a court of law are pending regarding that property. The ombudsman will seek a report from the deputy commissioner within 15 days and will pass the judgment after going through the record.
The ‘Enforcement of Women’s Property Rights (Amendment) Act 2021’ is “a step forward in the right direction as it puts time restrictions in resolving disputes relating to women’s property” Minahil Khan, a senior research fellow at Research Society of International Law (RSIL), earlier told Gulf News. Women’s right to own land and property is considered essential for women’s empowerment and greater female labour force participation.
