Rights beyond rulings

Published July 1, 2026 Updated July 1, 2026 07:01am

THE Supreme Court’s recent ruling that jewellery, bridal gifts and dowry articles given to a bride remain her exclusive property is a welcome reaffirmation of women’s economic rights. By declaring that neither a husband nor his family can lawfully retain such property, the court recognised that these possessions often represent a woman’s financial security. It also made clear that family courts have the authority to order their recovery when they are unlawfully withheld. The judgement is the latest in a series of encouraging decisions in favour of women. Earlier this year, the court ruled that a family court cannot convert a woman’s suit for dissolution of marriage into khula without her consent, protecting women from being pressured into surrendering financial rights simply because it is procedurally easier. In another important case, the court upheld the wedlock policy for government employees, ruling that spouses have a legitimate expectation of being posted together unless there are compelling reasons to refuse. Such decisions recognise the practical difficulties faced by working women and reaffirm that beneficial policies should not be ignored through bureaucratic discretion. Together, these judgements send a clear message that women’s rights to dignity, property and fair treatment are protected by law.

Pakistan’s problem has rarely been the absence of laws; it has been the failure to implement them. The rights recognised by the Supreme Court already exist in the Constitution and legislation, yet many women continue to face resistance when seeking justice. Family courts must apply these rulings consistently rather than encouraging settlements that disregard a woman’s wishes or legal entitlements. Police and judicial officers should treat the unlawful withholding of bridal property as a legitimate legal grievance instead of dismissing it as a private family matter. Government departments must implement the wedlock policy uniformly rather than leaving decisions to official discretion. Legal rights cannot achieve their purpose if social attitudes continue to treat women as having fewer claims over property, employment or personal choice than men. Training for judges, court staff and public officials, along with greater accountability for ignoring binding precedent, is essential. The Supreme Court has provided welcome legal clarity. It is now for governments, lower courts and public institutions to ensure that these principles are upheld in both the letter and the spirit of the law.

Published in Dawn, July 1st, 2026

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