COUNTLESS litigants in Pakistan do not live to see property disputes decided in their lifetimes. According to a study conducted a few years ago by the Supreme Court, a property suit — from the time of its filing until the appellate forums rule on it — takes nearly 30 years to conclude. Not surprisingly, the glacial pace at which such cases proceed perpetuates terrible injustice against weaker members of society, especially women. In the light of this reality, a parliamentary committee on Tuesday did well to clear an amendment to the Code of Civil Procedure which stipulates that judges must decide cases of moveable and immovable property, including those involving women’s inheritance rights, within one year. Further, the appellate court must give its verdict within 90 days.

Here we have an example of legislators working to ensure that a law can be implemented effectively so that it actually serves the ends of justice. Under the Anti-Women Practices Act, 2011, depriving women “by deceitful or illegal means” of property that by right belongs to them is punishable by imprisonment of up to 10 years but no less than five, or with a Rs10m fine or both. Unfortunately, men’s sense of entitlement in a patriarchal system ensures that many continue to deprive their close female relatives of a share in inherited property. Most women who find themselves in such a situation are faced with a difficult choice. They can allow themselves to be emotionally blackmailed into ‘keeping the peace’ by not insisting on their rightful share. Or, if they choose to go ahead and file a case, they risk being tied up in litigation — with all its attendant costs in terms of time and money — that has no end in sight. Either way, injustice appears to be their lot. An amendment to make litigation over property time-bound would certainly address a significant loophole in inheritance issues.

According to the Supreme Court’s most recent fortnightly case disposal report, there are 51,852 cases pending in the apex court, while the total backlog in the country’s courts amounts to approximately 2.16m. One way to reduce the pendency rate is to appoint more judges. There are 3,067 judges presiding over the caseload in the district and high courts, while 1,048 positions are yet to be filled; the apex court has 17 judges, with two judges’ positions vacant. These vacancies must be filled as soon as possible. Moreover, as was done during former Supreme Court chief justice Iftikhar Chaudhry’s tenure, double shifts can be instituted for judges to hear cases. In May 2019, the apex court began hearing cases through video link connectivity for the first time; this method must be scaled up from its present limited use. Civil proceedings, which comprise the major portion of the courts’ backlog, can be expedited if the judiciary sets its mind to it.

Published in Dawn, July 15th, 2021