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Gender Inequality
Gender Inequality
Gender Inequality
Way Forward.
Paternity leave, for instance, promotes the idea that childcare is a shared
responsibility.
or example, making it compulsory for men to register the birth of their child.
legislators must work on building laws that prevent discrimination against women
who are pregnant
employers are not individually liable for the direct costs of maternity leave, and
instead, these cash benefits should be provided through compulsory social
insurance, public funds, or non-contributory social assistance for women.
Addressing the risk of employer discrimination against female employees is critical,
as there are costs associated with granting paid maternity leave. Additionally,
legislators should consider extending these benefits to contractual and informal
workers.
Employers need to facilitate women when they re-enter the workforce. Women
should also be given breaks for breastfeeding and should be given a fair period to
transition back to work.
Employers should also foster a family-friendly work environment by implementing
flexible work arrangements, reduced working hours, part-time options with pro-rata
benefits and entitlements, and leave for caring for children and other family
members.
The voices of women’s groups and care workers are important and must be included
in policymaking and investment planning processes to ensure that the concerns of
caregivers are heard. With the right policies and investments in place, we can
significantly reduce overall care responsibilities and distribute them more equitably
across society.
IN a significant judgement, the Madras High Court has asserted that a wife
who has contributed towards acquiring family assets by performing
household chores, and taking care of the household and children is entitled
to an equal share in the properties.
Since it is her performance of her function which enables the husband to perform his,
she is in justice, entitled to a share in its fruits. “It stressed that there was no
legislation currently in place that recognised such contribution and added that the
court had the discretion to recognise the same.
While the progressive jurisprudence emerging from the courts’ ruling has paved the
way for women’s property and ownership rights in India, it is equally significant for
women in Pakistan, who are repeatedly denied their right to property and ownership,
notwithstanding the constitutional, statutory and judicial protections in place.
Article 23 of the Constitution explicitly provides for the “right to acquire, hold, and
dispose of property” guaranteeing the right to property and equality of citizens as
fundamental rights.
As part of its international obligations, Pakistan is bound by the Convention on the
Elimination of All Forms of Discrimination Against Women, which pursuant to
Article 15, mandates all parties to secure women’s right to property.
The state has not effectively enforced women's legal rights to property, especially
their right to inherit property. The case of Ghulam Qasim vs Razia Begum highlighted
this issue, where the Supreme Court of Pakistan acknowledged the difficulties in
implementing women's inheritance rights, despite constitutional provisions that
protect property rights and call for special measures to protect women and children.
Subsequently, the Enforcement of Women’s Property Rights Act, 2020, was
enacted to protect and secure the rights of ownership and possession of property
owned by women, providing them with a separate forum for redressal of their
grievances. The said act provides a mechanism to agitate complaints before an
ombudsperson provided no proceedings in a court of law are pending regarding that
property.
The ‘pure-separate’ property regime is followed in Pakistan whereby the husband and
wife own property independently. In the absence of any legal framework that
recognises the concept of ‘joint matrimonial property’, any property or asset acquired
during the course of a marriage is treated as belonging to the individual in whose
name the title has been registered.
The concept of ‘joint matrimonial property’ has been recognised by several Muslim
countries including Turkiye and Malaysia as well as other states such as Singapore.
For instance, Section 52 of the Administration of Muslim Law Act in Singapore
mandates the court to order any matrimonial assets to be divided between the parties
or any such asset to be sold and the proceeds of any such sale to be divided between
the parties.
At a time when Pakistan envisages equality for all, it needs to ensure that the right of
women to ‘joint matrimonial property’ is guaranteed in legislation and practice. This
is not only an international obligation, it is also a constitutional duty.
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