Research Article | Open Access
A Critical Analysis of the Role of Judiciary in Resolving the Issues of the Gender Base ViolenceIn Pakistan:
Saima Waheed, Dr.Naseem Razi
Pages: 596-618
Abstract
Gender-based violence, especially against women and transgender is one of the most emerging challenges being faced by the contemporary socialized world where Pakistan stands with no exception which designate some serious flaws in the existing system of adjudication and legislation. Thus, this research will analyze critically, the role of judiciary in resolving the issues of gender based violence in Pakistan by highlighting the loopholes in the existing system of adjudication to reform the policy of interpretation and adjudication to eliminate gender base violence. The Gender based violence against women and transgender has been well defined and well addressed only in the last few decades. One major achievement in this regard was the 1993 United Nations Declaration on the Elimination of violence against women, which offered the first official definition of gender-based violence. As far as the constitution of Pakistan is concerned, Article 25 of the 1973 Constitution guarantees equal protection of law to all citizens irrespective of sex. Further to eliminate gender based violence from Pakistan, The National Judicial Policy Making Committee (NJPMC) in October 2019 directed Pakistan’s high courts to set up separate courts regarding gender based violence cases .All legislations in Pakistan regarding this subject would critically be evaluated in this study and to analyze the role of the judiciary in resolving the issue of gender-based violence in cases in Pakistan and as well as to investigate the existing legal framework to point out its lacunas.
Keywords
Pakistan, women, transgender,Gender Based Violence courts, SCMR, PLD, NLR.YLR, YLRN, CLC, PCrLJ, GBV,VAW