DESPITE regulations, the troubling practice of robbing women of their rightful inheritance — the culprits are often their own kin — is rampant in Pakistan. In fact, the mental health law is being misused to limit a woman’s agency; some women are even kept in psychiatric facilities by families. A recent complaint about the misuse of this law by male heirs, mistreatment of patients in private rehabilitation centres and forced hospitalisations prompted the National Commission for Human Rights to support the petitioner’s suggestions, such as including neutral government psychiatrists in the board to uphold personal freedoms and evaluate an individual’s admission in a private centre, and direct the Punjab government to review the Mental Health Ordinance 2001. In 2022, the NCHR had released the report Malpractice in Mental Health in Pakistan: A Call for Regulation, which highlighted many gaps in mental health services, statute and policy, as well as in practitioners’ qualification and accreditation.

The primary obstacles between women and their inheritance are patriarchy and legal illiteracy. Women face court battles, social prejudice and financial losses because of an absence of information about legal rights, a loophole that must be addressed through community outreach initiatives. Further, women’s property rights are enshrined in the Constitution: Article 23 specifies the right to own property for men and women and Article 24 ensures that no one is divested of their property. The Enforcement of Women’s Property Rights Act, 2020, was seen as a breakthrough as it protects ownership and possession of women’s properties and shields females from harassment, coercion and deceit. But enforcing it will be a challenge unless the judicial system is more sensitised to women’s security. In addition, lawyers, activists and government representatives must join forces to highlight and thwart attempts to exploit and violate liberties. Only a gender-neutral system can save women from becoming casualties of male avarice.

Published in Dawn, November 11th, 2024