Office of Ombudsperson Punjab

The Constitution of the Islamic Republic of Pakistan guarantees the right of ownership to the women and also gives measures to protect the same. The rights of ownership of women are violated by various means i.e coercion, fraud, fabrication and forgery. The ownership either by way of purchase or by way of inheritance are protected by the first-hand legislation by the Punjab Assembly in shape of “The Punjab Enforcement of Women’s Property Rights Act 2021” which is in consonance of the injunctions of Islam and Sharia. The legislature has empowered the Ombudsperson to intervene in the matter even where the litigation is pending before the Courts. Unfortunately, it is a bad practice to deprive the females of the family of their legal and Shari right of ownership. The Almighty Allah has determined the share of each heir in the Holy Quran and ordains in Surah Nisa in verse no. 10, 11, 12 and 14 as “Those who consume the property of orphans unjustly, they fill in their belies with fire only, and they shall soon enter into the flaming fire”. “Allah commands you concerning your children, the share of male is equal to the share of two females; then if there be daughters only, though more than two, then for them is two third of what is left, and if there be only one daughter, for her is one half. And for each of the parents of the deceased is one sixth of what is left, if there be a child of the deceased, but if he has no child and leaves parents, then for the mother is one third; but if there be his many sisters and brothers, then for the mother is one sixth, after any bequest which has been made and debts. Your fathers and your sons, you know not which of them will be more profitable to you. This is fixed proportion from Allah. Undoubtedly Allah is All Knowing, Wise”. “And for you is one-half of what is left by your wives, if they have no issue (child) but if they have issue (child),then you have one fourth of what they leave after (paying) any bequest made by them and the debts. And for the women is one fourth of what you leave if you have no issue (child); but if you have issue (child), then for them is one-eight of what you leave after (paying) any bequest made by you and the debts. And if the heritage of any such male or female who leave behind nothing, neither parents nor children is to be divided and from mother side he or she has brother or sister, then for each one of them is one sixth. Then if the sister and brother be more than one, then all are sharer in one-third, after (payment of the bequest of the deceased and debts in which the deceased would not have caused any harm. This is an injunction from Allah and Allah is All Knowing, Gentle”. “And who disobeys Allah and His Messenger and transgresses His all limits; Allah will cause him to enter the Fire, in which he will abide and for him is degrading torment”. The verdict of Allah Almighty is very much clear and the penance for crossing the boundaries are also very much clear, indeed, this is for those who fear Allah (SWT). Office of the Ombudsperson Punjab is striving hard in dispensing justice to the destitute females at large and there are many success stories. The Office of Ombudsperson Punjab in exercise of its powers can direct any state functionary for the implementation of its orders. The practice adopted by the traditional courts of province is not only time consuming but also have dire economic impacts on the litigants especially the females who are fighting for their rights in property and that too against their blood relations. Ombudsperson Punjab has also been imparted with powers to adjudicate on the complaints against harassment at workplace. In various complaints major and minor penalties have been awarded to the harasser and the dignity of the females have been restored. It is sheer violation of fundamental rights and the international treaties on human rights. Discrimination and violence against women and girls, deeply rooted in the fabric of societies, is persistent and systematic. And in recent years, there has been a recurrence of skepticism against and denial of international standards concerning women’s human rights, gender equality and gender-based violence, while women and girls are increasingly raising voices to demand equality, including through feminist movements. Various campaigns have also been underwent by this office to raise awareness about the rights of females and protection of them. Promoting women’s human rights and achieving gender equality are core commitments of the Ombudsperson, Punjab. We promote women and girls’ equal enjoyment of all human rights, including ownership rights, freedom from violence, sexual and reproductive rights, access to justice, socio-economic equality, and participation in decision-making. Islamic republic of Pakistan has also ratified United Nations217; Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) since December 3, 1996. Pakistan is firmly committed to the promotion and protection of women’s rights and has a free media, independent judiciary and a vibrant civil society – all of which play an important role in strengthening democracy. To safeguard the rights of female heirs, the Punjab Protection of Women Right in Property Act, 2021, the Punjab Land Revenue (Amendment) Act 2012 and the Punjab Partition of Immovable Property Act were enacted under which District Committees for Protection of the Rights to Inheritance were constituted to review inheritance mutations. To date, delinquent Revenue Officers have been punished. Punjab Commission on Status of Women (PCSW), Punjab has conducted research study and found that numerous inheritance cases were filed by women and land were allotted to women. It was further elaborated that women’s right to inheritance was barred due to lack of awareness among women, fake documentation and social as well as family pressure to give up inheritance claim. To raise awareness about inheritance rights, massive media campaign has been launched by provincial Government of Punjab. For the better assistance of females, 08 regional offices have also been established in Punjab, all are functional. The establishment of offices is a mile stone for dispensing justice to the destitute females. Pakistan is a developing country with huge potential which can truly be realized by equal participation and empowerment of women. Ombudsperson, Punjab is cognizant of this fact and is therefore, have worked diligently for the promotion and protection of rights of women. With the strong determination of the people of Pakistan and political will, office have been able to cope with most of daunting challenges faced in different areas related to women rights and will be doing in future.   The writer is Advocate High Court.