ISLAMABAD: Islamabad High Court (IHC) Justice Mohsin Akhtar Kayani on Wednesday criticised the lack of gender equality in the country’s judiciary and policy-making bodies.

Speaking at a seminar on gender equality, Justice Kayani regretted that the recently-adopted 26th Constitutional Amendment had failed to ensure adequate representation of women in the Judicial Commission of Pakistan (JCP), the body that appoints judges for superior judiciary and elevates them in the Supreme Court.

Justice Kayani highlighted that despite the legislative changes brought by the 26th Amendment, only one woman has been included into the judicial commission.

Out of 44 nominees for the JCP, only two women lawyers were considered. “What prevents women from being nominated on an equal footing for the appointment of judges?” he wondered.

Justice Kayani stresses enhanced role of women in policy-making bodies, workplaces

He lamented that structural reforms for women’s equality remain absent at the national level, adding, “There are 3,300 judges and 40,000 staff across the country, but only one woman has been included into the Judicial Commission”.

He pointed out that Islamabad lacks women judges in family courts and has yet to appoint a female prosecutor.

Justice Kayani underscored the need for women’s representation in policymaking and management roles. “When there are no women in policymaking, who will talk about gender equality?” he asked. He also emphasised the importance of childcare facilities for working women, maternity leave protection, and special allowances to support women at workplaces.

He criticised the current system, which, he said, initiates misconduct proceedings against women seeking maternity leave and called for a comprehensive policy to eliminate such discrimination.

Justice Kayani advocated for a quota system to ensure that women are adequately represented in promotions and appointments in the judiciary.

The lack of structural support for working women and families was also highlighted. “We have not yet been able to create a mechanism for child protection in Islamabad,” he noted, adding that policies must be updated to provide childcare facilities and support for working mothers.

Justice Kayani expressed the hope that the issue would be addressed constitutionally, urging the policymakers to take meaningful action to achieve gender equality. He pledged his support for measures such as special allowances for working women and facilities for women judges in the e-court system.

Published in Dawn, January 16th, 2025