Unconstitutional Sections of the Women’s Property Rights Act, 2019.
17th July 2021.
A lawyer in Peshawar High Court moved against some of the provisions granted to women under the act of Women’s Property Rights law. They claimed that some of its clauses are unconstitutional as they grant judicial power to the ombudsperson.
Khyber Pakhtunkhwa Enforcement of Women’s Property Rights Act, 2019Akhtar Ilyas requested the court to declare sections 7 and 12 of this act, unconstitutional, as they are contradicting with the constitution and providing judicial power to the executive as well.
Women are given power under section 7 of the law to file a complaint with the help of an ombudsperson even if the case file is previously pending at the court of law and can claim that any kind of possession is hers or owned by her. Ombudsperson with which women can file a complaint is in authority to dismiss the proceedings before the law or temporarily put them aside for no use. Jurisdiction is allowed to question the validity of any action performed in court under section 12 of the law that places a bar in the court.
The applicant said that to secure the right of women’s ownership and right of inheritance, the Khyber Pakhtunkhwa Enforcement of Women’s Property Rights Act, 2019 law is endorsed by the provincial government.
Section 4 and 7 under the act states the procedure of complaining the file and the mechanism for the implementation of the execution has been explained in sections 5, 6, and 10 of the law. The applicant claimed the clauses under the act were contradictory to article 175 as they merging the judicial power to the executive.
He said that the Act was self-opposing as its segments 4 and 7 gave conflicting solutions for a bothered complainant. The applicant said the lawmaking body had attempted to give well beyond the job to the ombudsperson to the detriment of the common courts.
Please contact the Legal Research Institute of Pakistan for further assistance.