LAWS ON WOMEN

STATUTES FOR PROTECTION OF WOMEN RIGHTS

• The Muslim Family Laws Ordinance 1961.
• West Pakistan Family Courts Act 1964.
• The Dissolution of Muslim Marriages Act 1939.
• The Child Marriage Restraint Act (XIX) of 1929.
• The Dowry and Bridal Gifts (Restriction) Act 1976.
• The Guardians and Wards Act 1890.
• The Conciliation Courts Ordinance 1961.
• Small Claims and Minor Offences Courts Ordinance 2002.
• Prevention & Control of Human trafficking Ordinance 2002.
• Protection of Breast feeding and visitation Ordinance 2002.
• Local Government Ordinance 2000.
• Police Order 2002.
• Crimes in the name of Honour amendment Bill 2004.

THE PROTECTION OF WOMEN (CRIMINAL LAWS AMENDMENTS) ACT, 2006.   

This  bill before  becoming an Act was circulated among NGOs and civil society and was debated in public by holding workshops, conferences etc. to get the concurrence of the stake holders.  The bill was presented in the Parliament and became an Act known as “The Protection of Women (Criminal Laws Amendments) Act, 2006.  This law actually amended the Zina Ordinance and the Qazaf Ordinance 1979

The amendments of the Hudood Ordinances has broken the “myth” that the Hudood Ordinances are God made laws and should not be touched.

The Huddod Laws which were imposed on the people of Pakistan through an Ordinance (undemocratically) were amended by a democratic process.

It was a welcome step as the amendments brought back all those sections dealing with, abduction, kidnapping etc. (365-B, 397-A, 371-A, 371-B, 375 rape, 376 punishment of rape 492-A, 496-a, 496-b Fornication, 496-C, 203-A, 203-B & C etc.) to Pakistan Penal Code.

The most important step was that Rape was included in PPC.  This will give great relief to those women who complained of Rape but were registered under Zina Ordinance.

Further the process of Lian (the process prescribed in Holy Quran where the husband accuses the wife of adultery but there are no witness available except himself) has been included as a ground for divorce (in Muslim Marriages Act 1939).

The overriding section (Section 3) has been deleted.

• In section 2 the term “Confession” has been defined and added.

• In Section 4 the word “Validly” has been omitted.

The role of Police in the cases of Zina, Zina bil Jar & Qazf has been excluded and complaints can only be filed before a Competent Court.

• In the law of Qazf the overriding section has been deleted.