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Women judges in Pakistan
Abstract
Although the first appointment of women judges in Pakistan dates back to 1974, a significant appointment of female judges from 2009 onward has caused a jump in female representation to more than one third in family courts: a quiet move during the tumultuous years of the so-called Chaudhry Court. The challenge in this scenario was whether this change would only be temporary or whether it would also lead to substantial and accountable inclusion. This paper adopts mixed methods to scrutinize the extent of the adherence to the principle of gender equality in the judiciary as per international treaties to which Pakistan is signatory. It starts by retracing the historical steps of the appointment of female judges in Pakistan and then investigates the everyday interactions and preoccupations of women judges in their daily management of justice. The findings elucidate how the global agenda impacts local expectations and conceptualizations of gender representation within and beyond the state.
... Justice Malik, who ranked fourth on the seniority list of the Lahore High Court (LHC), faced criticism regarding the selection process. 66 In response to this decision, lawyers across the country staged a nationwide strike, halting court proceedings. This action was initiated by the Pakistan Bar Council (PBC) and the Supreme Court Bar Association of Pakistan (SCBAP), both of which expressed strong concerns about the principle of seniority in judicial appointments. ...
In Parliamentary form of Government, the independence of judiciary is just a dream, as direct involvement of politicians and other established institutions can be observed in it. The concept of separation of powers given by Montesquieu though based upon logics but cannot be implemented without the principle of check and balance. The notion of term ‘justice’ generally springs the idea of court and notion of term ‘court’ brings about the concept of a ‘Judge’; a neutral, un-biased, upright, honest, a person of integrity presiding the court chair. Judge is a protector of public’s interest and a canon of hope in demise. Appointment of judges is a primary factor which effects the independence and performance of judicial bodies. This appointment should be free from every kind of influence and interference so that the administration of justice is not hindered. Any external influence in the appointment procedure automatically makes the appointed judge slightly biased, which may be due to various factors like fear, favor, and indebtedness. The appointment procedure which the law gave after 18th and 19th amendment may be such that it gives an influence-free effect but practical applicability differs from the provisions in law due to some prevalent informal practices. The recent 26th amendment has paved way to more interference from the executive branch in the appointment procedure, resulting in curtailed independence of judiciary. A scrutinized and transparent system of appointment based on merit and certain legislative reforms needs to be introduced and implemented in the society to foster justice system and ensure independence of judiciary.
A criminal justice system always desires to discouraging criminality, upholding collective control, and both punishing and restoring individuals who commit criminalities. Nevertheless, the weaknesses in this system, which includes ethnic and socioeconomic unfairness, can dent this classic of fairness. The questions that what problems the police, prosecutors, judiciary etc. are facing and how these glitches may be resolute. There are different hitches with police (investigator officers) public prosecutors, judiciary and prison in the country especially in Punjab, such as political and other pressure, their limited powers for proceeding in cases, the discretion they workout, engagement of private councils by the complainants, the disciplinary thoughts that outlines many of them observes, their un-accountability, and administrative indolence within their offices. The main problems inter alia are frequent transfers, the improbability of their roles, inadequate ability to dig out the evidences of the cases, poor assistance to the courts, unwanted delays in decisions, unfriendly attitude and behavior of officers of polices/ prison and lengthy proceedings which are question marks. This paper provides an overview of existing Criminal Justice System in Punjab/ Pakistan, the details of its key features along with different unethical practices existing in each aspect and ways to counter them. This paper narrates different training programs conducted by United Nations Office of Drugs and Crime in Pakistan with prosecution and police department, which may be replicated throughout the Country for achieving maximum results. This paper also shares certain features of the Norwegian criminal justice system highlighting the reasons of this system being best in the world according to WJP rule of law index. In conclusion, this paper shares multiple recommendations, which may provide basis of bringing positive change in the current justice system of the Country.
Courts can play an important role in addressing issues of inequality, discrimination and gender injustice for women. The feminisation of the judiciary – both in its thin meaning of women's entrance into the profession, as well as its thicker forms of realising gender justice – is a core part of the agenda for gender equality. This volume acknowledges both the diversity of meanings of the feminisation of the judiciary, as well as the complexity of the social and cultural realisation of gender equality. Containing original empirical studies, this book demonstrates the past and present challenges women face to entering the judiciary and progressing their career, as well as when and why they advocate for women's issues while on the bench. From stories of pioneering women to sector-wide institutional studies of the gender composition of the judiciary, this book reflects on the feminisation of the judiciary in the Asia-Pacific.
Courts can play an important role in addressing issues of inequality, discrimination and gender injustice for women. The feminisation of the judiciary – both in its thin meaning of women's entrance into the profession, as well as its thicker forms of realising gender justice – is a core part of the agenda for gender equality. This volume acknowledges both the diversity of meanings of the feminisation of the judiciary, as well as the complexity of the social and cultural realisation of gender equality. Containing original empirical studies, this book demonstrates the past and present challenges women face to entering the judiciary and progressing their career, as well as when and why they advocate for women's issues while on the bench. From stories of pioneering women to sector-wide institutional studies of the gender composition of the judiciary, this book reflects on the feminisation of the judiciary in the Asia-Pacific.
Women Judges in the Muslim World: A Comparative Study of Discourse and Practice fills a gap in academic scholarship by examining public debates and judicial practices surrounding the performance of women as judges in eight Muslim-majority countries (Indonesia, Malaysia, Pakistan, Syria, Egypt, Libya, Tunisia and Morocco). Gender, class, and ethnic biases are inscribed in laws, particularly in the domain of shariʿa-derived family law. Editors Nadia Sonneveld and Monika Lindbekk have carefully woven together the extensive fieldwork and expertise of each author. The result is a rich tapestry that brings out the various effects of women judges in the management of justice. In contrast to early scholarship, they convincingly prove that ‘the woman judge’ does not exist.
This UNU-WIDER special issue of the Journal of International Development comprises a set of papers on the theme of aid and gender equality. While the topic of aid effectiveness has been examined in this journal and elsewhere, the focus on how well development assistance to countries and non-governmental organizations promotes gender equality and empowers women is relatively new. This special issue is the first to marshal quantitative evidence and case studies on several themes: (1) macroanalyses of aid effectiveness and gender equality; (2) the determinants of aid for gender equality and women's empowerment; and (3) gender issues related to aid for education, health, land administration, fragile states and climate finance. © 2016 UNU-WIDER. Journal of International Development published by John Wiley & Sons, Ltd.
This article examines the concept of religious personal laws as used in Indian legal discourse. This concept is used to denote religious laws of various communities that are claimed to be upheld but not modified by the secular state and also to refer to the religion related rules followed by communities outside of state regulation. This existence of various 'religious' laws is increasingly being described as legal pluralism. The ambiguous status of religious personal laws serves to legitimize the continued denial by the state of gender equality to women in family law matters as it creates a space for rules or laws to operate that do not conform to the Constitutional requirements and yet are enforced by the state. When legal scholars deploy this concept un-reflexively they participate in the discourse formation about religious personal laws as exceptional laws or as (progressive) examples of legal pluralism. In this way they assist the state in using the concept as a mode of governance. In this article it is argued that the legal scholars need to accept responsibility for the significant power they wield as discourse formers and acknowledge the power of naming legal practices. They are the scholars who can and should deconstruct the concept of religious personal laws. This is necessary for a serious engagement with the issue of what kind of family law would be truly non-oppressive. © 2015 The Journal of Legal Pluralism and Unofficial Law. All rights reserved.
Some 1,400 years ago, when the Qur'ān was being revealed to the prophet Muhammad, his wife Umm Salama reportedly asked him why it was not addressing women. It seems she was not impressed by the fact that in the Arabic language, as in many others, the male gender is inclusive of the female and that in using it the Qur'ān was, in effect, addressing both. Of course if this had been an idle question on her part and nothing had come of it, the incident probably would not have found its way into Muslim tradition. Yet, not only does tradition record it, but many Muslims use it to explain the context in which the Qur'ān became the only scripture to speak directly to women. Women in the Qur'Ān Indeed, not only does the Qur'ān address women, but it frequently does so in a manner that should leave little room for doubt that it considers them equal to men. One example is Q 33:35: 'For Muslim men and women, for believing men and women, for devout men and women, for men and women who are patient and constant, for men and women who humble themselves, for men and women who give in charity, for men and women who fast (and deny themselves), for men and women who guard their chastity, and for men and women who engage much in God's praise; for them has God prepared forgiveness and great reward.' In spite of such verses, and the Qur'ān's counsel to read it for its best meanings, most Muslims continue to project sexual inequality, discrimination and even misogyny into it. Before considering why this is so, it seems appropriate to dwell for a bit on Umm Salama's question since it offers such compelling and potentially unending lessons for believers. © Cambridge University Press 2006 and Cambridge University Press, 2007.
Introduction: Gender and Judging: Overview and Synthesis Ulrike Schultz and Gisela Shaw PART 1: PIONEERS AND EMINENT WOMEN JUDGES 1.1. Becoming the First Women Judges in Ontario: Women Lawyers, Gender and the Politics of Judicial Appointment Mary Jane Mossman 1.2. Profiles in Leadership: Eminent Women Judges in the United States Elaine Martin 1.3. The Entry and Integration of Women into Judicial Positions in Israel Eyal Katvan 1.4. First Female Judges in the Weimar Republic in Germany: Reflections on Difference Marion Rowekamp PART 2: WOMEN JUDGES' WORK AND CAREERS 2.1. Feminisation of the French 'Magistrature': Gender and Judging in a Feminised Context Anne Boigeol 2.2. 'I was noticed and I was asked ...' Women's Careers in the Judiciary. Results of an empirical study for the Ministry of Justice in Northrhine-Westfalia, Germany Ulrike Schultz 2.3. Women Judges and Magistrates in Kenya: Challenges, Opportunities and Contributions Winifred Kamau 2.4. The Impact of Women on the Administration of Justice in Syria and the Judicial Selection Process Monique C Cardinal 2.5. Skills for Judicial Work: Comparing Women Judges and Women Magistrates Kathy Mack and Sharyn Roach Anleu 2.6. Professional Stress, Discrimination and Coping Strategies: Similarities and Differences between Female and Male Judges in Switzerland Revital Ludewig and Juan LaLlave PART 3: GENDER PERSPECTIVES IN JUDGING 3.1. Gendered Experiences of a Judge in Germany Ruth Herz 3.2. Women Judges in the Netherlands Bregje Dijksterhuis 3.3. Gender and Judging in Traditional and Modern Societies: A Comparison of Two Case Studies (Ivory Coast and Italy) Maria Rita Bartolomei 3.4. Gender Arguments and Gender Perspective in Legal Judgments in Argentina Andrea L Gastron, M Angela Amante and Ruben Rodriguez 3.5. Do Women on South Africa's Courts Make a Difference? Ruth B Cowan PART 4: GENDERED CONSTRUCTION OF JUDGES 4.1. 'May it Please the Court'. Forming Sexualities as Judicial Virtues in Judicial Swearing-in Ceremonies Leslie J Moran 4.2. Let History Judge? Gender, Race, Class and Performative Identity: A Study of Women Judges in England and Wales Hilary Sommerlad PART 5: FEMINIST JUDGES AND FEMINIST ADJUDICATION 5.1. Must Feminist Judges Self-identify as Feminists? Beverley Baines 5.2. Justice Marcia Neave: Case Study of a Feminist Judge Rosemary Hunter 5.3. What's in a Label? Argentine Judges' Reluctance to Call Themselves Feminists Beatriz Kohen 5.4. A Feminist Adjudication Process: Is There Such a Thing? Reg Graycar PART 6: QUOTAS AND DIVERSITY 6.1. Which Judicial Selection Systems Generate the most Women Judges? Lessons from the United States Sally J Kenney 6.2. Gender Quotas for the Judiciary in England and Wales Kate Malleson 6.3. Rethinking Judicial Diversity Erika Rackley PART 7: GENDER AND JUDICIAL EDUCATION 7.1. Gender and Judicial Education in India Ann Stewart 7.2. Gender and Judicial Education in Japan Kayo Minamino 7.3. Engendering the Judiciary-Lessons from the Philippines Atsuko Miwa 7.4. Gender Training for the Judiciary in Cambodia Keiko Sawa 7.5. Do German Judges Need Gender Education? Ulrike Schultz
This article argues that there has been a significant turn in the discourse of feminist politics in the Islamic Republic of Pakistan. The author suggests that the rise of a new feminism – rooted in Islamic discourse, non-confrontational, privatized and personalized, whose objective is to ‘empower’ women within Islam – is not a post-9/11 development but rather a result of unresolved debates on the issue of religion within the progressive women's movement. It has been due to the accommodation of religion-based feminist arguments by the stronger secular feminist movement of the 1980s that paved the way for its own marginalization by giving feminist legitimacy to such voices. The author argues that the second wave of feminism may have become diluted in its effectiveness and support due to discriminatory religious laws, dictatorship, NGO-ization, fragmentation, co-option by the state and political parties in the same way as the global women's movement has. Yet it has been the internal inconsistency of the political strategies as well as the personal, Muslim identities of secular feminists that have allowed Islamic feminists to redefine the feminist agenda in Pakistan. This article voices the larger concern over the rise of a new generation of Islamic revivalist feminists who seek to rationalize all women's rights within the religious framework and render secular feminism irrelevant while framing the debate on women's rights exclusively around Islamic history, culture and tradition. The danger is that a debate such as this will be premised on a polarized ‘good’ vs ‘bad’ Muslim woman, such that women who abide by the liberal interpretation of theology will be pitted against those who follow a strict and literal interpretist mode and associate themselves with male religio-political discourse. This is only likely to produce a new, radicalized, religio-political feminism dominating Pakistan's political future.Feminist Review (2009) 91, 29–46. doi:10.1057/fr.2008.48
The focus is on inequality and power in the classless Baruya society of Papua New Guinea. Discusses both the power that certain men (the Great men) have over others, as well as the extraordinary power and domination that men in general exert over women. Explores how this domination is produced and maintained, examining it in particular through a detailed study of male and female initiation; the role that sexuality plays in Baruya thought and theories is also examined, showing that in the Baruya view, every aspect of domination can be explained by sexuality, and the different role of the sexes in human reproduction.-from Publisher
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