ISLAMABAD: The Senate Standing Committee on Law and Justice on Monday unanimously passed the Enforcement of Women’s Property Rights Bill, 2020, seeking for an effective and speedy redressal mechanism to protect and secure the rights of ownership of women in property.
The meeting was presided over by Senator Muhammad Ali Khan Saif during the discussion over the Enforcement of Women’s Property Rights Bill, 2020, instead of committee chairman as the chairman Senator Muhammad Javed Abbasi was the mover the bill.
According to the statement of objects and reasons of the bill, the Constitution of the Islamic Republic of Pakistan guarantees equal rights for women.
However, in practice, women are deprived of their rights of inheritance and right to own and possess their property.
This amendment seeks to supplement the enforcement of Women’s Property Rights Act, 2020. The mover proposed insertion of Section 7A, and 7B, Act XII of 2020.
According to the bill, section “7A procedure for suit already pending: notwithstanding anything contained in any other law for the time being in force, where the suit for possession through partition of inherited property of a woman is already pending in any court of law the same shall be decided within 60 days form the publication of this act in the official gazette.”
It says that “Section 7B notification of judges to try suits: the district judge shall designate the civil judge to exclusively try the cases of possession partition and ownership mentioned under this act.”
The senior officials of the Ministry and Law and Justice, while opposing the bill, adopted the stance that the mover proposed to add new sub-section in the existing section 6.
The proposed amendment in Section 6 provides that reference under sub-section (1) shall be decided within 60 days and the proceedings of the court shall be conducted under Code of Civil Procedure, 1908.
The other amendment relates to insertion of new section including Section 7A and 7B and provides that the suit for possession through partition of inherited property of a women already pending in the court law shall be decided within 60 days.
They said that the subject of the proposed amendments relates to the code of civil procedure and rent restriction ordinance, and does not fall within the scope of Women’s Property Rights Act 2020.
The enforcement of Women’s Property Rights Act, 2020 aims to provide a swift remedy to the women, and proposed amendments, may defeat the purpose of the newly-enacted legislation.
Earlier, Senator Javed Abbasi, chairman of the committee, while presiding over the meeting discussed, “The Guardians and Wards (amendment) Bill, 2019” moved by Senator Farooq Hamid Naek, seeking to codify and clarify existing case law and afford protection to mothers in relation to the custody of their children.
The committee discussed the bill in detail, and deferred it till the next meeting.
Senior official of the Ministry of Religious Affairs opposed the bill.
The ministry adopted the stance that presently section 17 of the Guardian and Ward Act, 1890, lays down the criteria to be considered by the court in appointing guardian of a minor.
Welfare of the minor is the principle considered by the court while appointing or declaring the guardian.
Further, section 19, deals with circumstances/cases where court is barred to appoint guardian of minor, they said.
They said that the court decides hizanat of a minor in the light of personal law observed by a sect in Pakistan and the principle of welfare of a minor.
The subject bill (though predominantly based on Hanafi jurisprudence) does not reflect the exact hanafi jurisprudence, they said.
They said that the committee also discussed, “The Constitution Amendment Bill 2020” moved by Senator Sirajul Hag seeking to make it necessary to prescribe oath for advisers just like for minister or minister of state.
The meeting after detailed discussion deferred the bill till the next meeting.
Senator Sirajul Haq, Zeeshan Khanzada, Sana Jamali, and senior official of the Ministry of Law and Justice also attended the meeting.
Copyright Business Recorder, 2021
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