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The provincial government of Khyber Pakhtunkhwa has tabled KP Enforcement of Women's Property Rights Bill in the legislature to guarantee protection to the rights of ownership and possession of properties by women and ensure that such rights are not violated by means of harassment, coercion, force or fraud and for other matters connected therewith.
The Constitution of the Islamic Republic of Pakistan gives due respect to the women in society and guarantee their right of ownership. However, the rights of ownership of women in inheritance are violated usually by their family members by means of coercion, fraud, fabrication, forgery and cheating etc. The purpose of the bill is to provide for an effective and speedy redressal mechanism to protect and secure the rights of ownership of women in the property. The Act may be called the Khyber Pakhtunkhwa Enforcement of Women's Property Rights Act, 2019 would be extended and enforce to the whole of the province at once.
After the promulgation of the Act, a woman deprived of ownership or possession of her property by any means may file a complaint to the ombudsperson if no proceedings in a court of law are pending regarding that property. However, the ombudsperson, on its own motion or on a complaint filed by any person including a non-governmental organisation, may also initiate action in relation to the ownership or possession of a woman's property, if no proceedings are pending in a court in respect of that property.
The ombudsperson would make a preliminary assessment of the filed complaint, where after he may, if the matter requires further probe or investigation, refer the matter to the concerned Deputy Commissioner, who, after calling the record, if necessary, and issuing notices to the complainant and her adversaries, conduct a summary enquiry and submit a report within fifteen days to the ombudsperson.
If the matter does not require any detailed probe, investigation or recording of evidence, the ombudsperson may, after calling any record, if deemed necessary, pass orders. The ombudsperson upon receiving the report may further conduct such summary enquiry and call for such record as he may deem fit.
The ombudsperson upon receiving the report of the Deputy Commissioner concerned and the conclusion and findings of his own enquiry, would call upon the complainant and her adversaries to submit objections, where after he may conduct a hearing, and pass orders, preferably within sixty days of receipt of the complaint.
On conclusion of the proceedings, if the ombudsperson finds that the complainant has been illegally deprived of ownership or possession of her property, he would direct the Deputy Commissioner or a state functionary or any private person to take steps so as to restore or confer possession or title of the property to the complainant, including measures to protect such title. The ombudsperson may, where deemed fit, direct the officer-in-charge of a police station for such assistance as may be required for the purpose of implementing the orders.

Copyright Business Recorder, 2019

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