Daily Times

For decades, women in Pakistan have been deprived to possess the right to inheritance and property. Both the constitution of Pakistan and Shari’ah guarantee the rights to property and inheritance to women, yet in the absence of strict implementation of legislation according to the law prescribed and religious injunctions, women have been unable to exercise them.

There are some legislative measures that have been taken by the government of Pakistan to give women’s share of their property so that they do not have to fight for it by registering their cases in court. In 2011, the Prevention of Anti-Women Practices(Criminal law Amendment) Act was passed that introduced new penalties in the Pakistan Penal Code that offers punishments to guilty persons who deprive women of their inheritance.

Last year, the government of Pakistan was able to introduce the Enforcement of Women’s Property Rights Act 2021 due to increased pressure that demanded the state to ensure the protection of rights to the inheritance of women. The new legislation, which was adopted by all the provinces, enables women to address their complaints before an ombudsperson to have their matters associated with property rights resolved speedily. Such laws were needed to empower women that the law of the land protects their rights and they might enjoy share without having fear of their relatives and families depriving them of it. However, it has been found that the state has been performing inefficiently to order the implementation of such laws as women are being continuously deprived of their rightful share of the property.

The new legislation enables women to address their complaints before an ombudsperson to have their matters associated with property rights resolved speedily.

Recently, a remarkable step has been taken in this direction by The Legal Aid Society (LAS) in collaboration with film-maker Sharmeen Obaid-Chinoy’s production house SOC Films and the National Commission of Human Rights (NCHR). The team was able to launch documentaries on women’s right to inheritance and property in order to spread awareness among women so that they can have an enlightened opinion on how to protect their rights and enable them to have better access to laws in Pakistan.

The topics highlighting the main theme of the video include challenges faced by women in owning property rights while focusing upon the struggle of some strong women across the country who stood firm to attain their right to property. The overall direction of the video also focused on how difficult it is to claim property rights in Pakistan when women are being disregarded in having access to them.

“Obstructing the right to property does not only restrict financial decisions and activities, it has a direct impact on women and their basic rights to safety, security and auto-nomy. This legal literacy initiative is to educate women on their inheritance rights and the ways in which they can access them,” said Rabiya Javeri, the Chairperson of NCHR.

The experts suggest that such a step taken was the need of the hour as it is important to educate women on how their rights to property affect their overall wellbeing as well as their economic progression and development. It enables women to unchain themselves from the shackles of domestic violence and forced, abusive relationships. It helps women to understand that they can be the owners of their lives and can choose to live independently without having to bear the pressure of society and adhering to unethical societal norms.

Gender inequality is widespread in all the fields across the country. Pakistan is slated as the 153rd country out of 156 as per the Global Gender Gap Index 2021 which portrays a significant high measure of gender inequality existing in the country. Laws are made to guarantee safeguards against discrimination against women and to provide them justice. However, neither are they put into practice nor do the women have any knowledge of their existence.

“We have the legal framework in place for inheritance rights but most women, both in rural and urban areas, are unaware of the existence of these laws that protect and empower them,” said Sharmeen Obaid Chinoy. “This lack of knowledge plays a major role in their unequal participation in the society. And with this initiative and these documentaries, we aim to help create awareness and strengthen women’s rights to property in Pakistan,” she added. The documentaries reveal the true struggle of Pakistani women in a bid to acquire property rights. The themes covered by these videos include inter alia the biased practices prevalent in the society that hinder women to gain an access to their rights, incomplete documentation through unregistered CNIC, abject poverty being faced by women, lack of proper mechanisms for the redressal of grievances, various challenges confronted by women due to not having enough knowledge on the issues affecting them. The videos are expected to bring a change as women only need awareness to break the barriers and discover their hidden potentials to aim at seeking their rights.

Analysts maintain that it is an appreciative step by the media industry to work for the betterment of women who are living under patriarchal norms in the country and facing obstacles in exercising their rights. It is important to educate women on their rights as guaranteed by the religion and law of the land so at least they should know they can make themselves empowered by fighting for them.

The writer is a sociocultural critic with a focus on human rights. She can be reached at mehmilkhalid@gmail.com