Women’s Property Rights

In Pakistan’s traditional societies, where even the religion Islam promotes and advocates woman’s rights, under the burden of societal norms, values and traditions, their rights are sabotaged. With their rights compromised, the women decided to raise a voice for their rights and were greatly supported by the NGOs and Feminist movements across the country. Women that were not given their share and right in property, through their will and voice compelled the government authorities to accept and make them understand their role and importance in the society. The improving statistics prove that how women have tentatively been trying to change the traditional thinking about their role in society and prove that how important and competitive they can be in any environment. This quest does not lack women’s ability to do better, demand her rights but the issue lies in the sole body of law implementation. The laws made for them are either hidden from them or they are unaware of them. A father would better tell his son proudly about his share in inheritance but would not mention it to his daughter under the same roof in traditional societies.

          The problem lies in the implementation of every law made. Once the enforcement is not done and secured, the existing laws become meaningless. Taking this issue into consideration, the Ministry of Law and Justice of Pakistan took a major step by enforcing Women’s right in the property under ‘Women’s Property Rights Act 2020’. This insurance by the law and government empowers women to have their share in the property. This not just ensures equality but also resolves many issues related to property and inheritance. This can nip in the bud and reduce the crime rates related to property. This law protects women from other societal exploitations as well. Under Article 23 of the Constitution of Pakistan, it was citizens’ right to acquire, hold and dispose of property in any part of Pakistan, since this is applicable to all the citizens of Pakistan, there is no differentiation of gender. This makes law important and equally applicable to Women as it’s upon the men. This took a while for Women to grow, mature and to be aware of their rights they will unaware of, but Islam is a religion of equality and  Islam ensured woman’s right to property 1400 years ago back in the history. According to a study conducted by the World Bank, once women are given property rights, it changes the structure of society and the generations to come. When women have the access to the assets that belong to them their potential and ability grows and they install businesses. This increases their role in the society and the economy of the society becomes vibrant and flourishes. In the long run, this can benefit the entire nation and mostly the developing countries like Pakistan. To secure the women’s property rights in Pakistan the property acts are imposed in cities and territories like Islamabad and in the KPK province where women can register their complaints and submit them to the Ombudsman against their undermined rights of property or ownership. Without the due permission of female sharer, the mutual property cannot be divided according to Punjab act 2012. Women kept under dark of their due share in property or kept them deprived of their due share in inheritance is considered a crime according to women’s protection act 2011. This can result in 5 to 10 years of imprisonment or heavy fine of 10 lac Rupees or both. The complaint is filed through lawyers including the respondents, the other helping bodies are deputy commissioners, Nadra, Pemra, PTA and others; different government authorities, can play a vital role in providing women with their property rights. But the patriarchal factor in the society remains where it is today most complaints claim that some Women tend not to approach the court for property rights in the fear of their male family members, poor financial backgrounds and conditions, as well as to avoid the lengthy legal procedures. In these circumstances it becomes difficult to raise their voices to get rights in the property. But most Women today are educated and know their rights and therefore no such circumstances can hinder their way. This fear can be eliminated by different approaches in society such as in schools and colleges. The awareness campaigns can help nourish the young minds towards this ignored issue. Through social platforms a positive message of rights can be propagated. But most importantly, the will and confidence of women to fight for her is the key above all.