Discrepancy between Ideals and Realities: A Socio-legal Study of Women’s Rights in Pakistan

Law and Policy Review 3 (1) (2024)
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Abstract

Women’s rights have always been a sensitive part of the human rights legislation in Pakistan. Moreover, pro-women laws have never been truly implemented in Pakistan because of a host of social and institutional quandaries, broadening the disparity between men and women. Comprehending the causes of the poor implementation of these laws requires a deep analysis of their social dimensions. This paper attempts to uncover several underlying social factors that hinder the implementation of pro-women laws. It is found that the fundamental reason for the improper implementation of pro-women laws is the friction between competing moral orientations of different factions of society. In the legal system, this friction manifests itself in the form of inconsistent tendencies in law-making and judicial adjudication, plaguing the workings of the legal system. The paper recommends developing an approach to address women’s issues that prioritizes fundamental rights of women while paying due regard to Pakistan’s socio-cultural traditions.

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