KARACHI: The Sindh High Court has observed that the issues of gender-based violence and societal oppression demand continued attention and action from both the legal system and society as a whole.

A single-judge bench of the SHC headed by Justice Sana Akram Minhas also deplored that women were facing violence and persecution specially when they exercised their right of free-will in choosing their husband.

The bench made these observations while disposing of a petition filed by a woman seeking protection after contracting a free-will marriage. The court was informed that the petitioner (the woman) had already been murdered by her uncle.

Citing home department, provincial police officer and others as respondents, Ms Shehzadi, who hailed from Jamshoro, had filed a petition at the SHC Karachi in May last year against harassment and sought protection.

Judge stresses need for societal and legal action against gender-based violence

The bench in its order noted that the petitioner, who as per the petition was said to be a 14-year-old minor, had sought protection and the same was promptly granted by the SHC on the very first date and jurisdiction was entertained at the principal seat despite it vesting in the circuit court of Hyderabad.

However, lawyer for the petitioner Zulfiqar Ali Abro reported the tragic turn of events and stated that she had been murdered in Karachi by her maternal uncle and in support of this assertion he also submitted a copy of the FIR lodged at the Awami Colony police station in July last year in connection with the crime.

The lawyer for the petitioner also submitted that the proceedings in the subject matter were ongoing before the trial court.

The bench noted that this was an appalling and deeply distressing state of affairs as women face violence and persecution when they exercised their free-will in choosing a spouse, and they risk their very lives when they seek to escape an unhappy or oppressive marriage.

Such incidents lay bare the brutal reality of a patriarchal society, where men hold position of decision-makers and where entrenched customs continue to dictate every aspect of women’s lives — even such basic acts as the air they breathe, it added.

Since the petitioner has tragically lost her life, the bench said it was left with no alternative but to abate proceedings.

“Her untimely demise not only brings this legal matter to an unfortunate close but also highlights the harsh realities faced by women, even in their most feeble attempts to stand up for their rights. While the proceedings may formally end here, the underlying issues of gender-based violence and societal oppression demand continued attention and action from both the legal system and society as a whole”, the order concluded.

Published in Dawn, February 1st, 2025