LAHORE: The Woman Action Forum (WAF), or Khawateen Mahaz-e-Amal, Lahore, Karachi, Peshawar and Quetta chapters have welcomed the Judicial Commission of Pakistan’s decision to approve the appointment of Justice Ayesha A Malik as a judge of the Supreme Court of Pakistan.
Justice Malik’s appointment is a historic moment for Pakistan, not just for the apex judiciary, as she is the first woman to be appointed a judge of the SC since its inception. For 74 years, Pakistan’s apex court was deprived of perspectives coming from the live experiences of half the population from its jurisprudence. “For too long, our apex courts have been missing this crucial dimension in their ranks, thereby perpetuating prejudicial norms, particularly in cases of violence against women.”
To insist on women’s representation and gender balance is not to insinuate that no male judge is capable of making decisions and writing judgements that positively impact women, or that adequately address inherent gender biases. Rather, it is to point out a structural inequality and deficiency that renders the judicial process capable of excluding or ignoring women’s voices. For instance, in the Mukhtaran Mai SCP Appeal case, Justice Nasirul Mulk’s dissenting note (2011) was the only judgement that showed empathy and understanding of the socio-cultural barriers for women in Pakistan’s patriarchal society.
“We commend and welcome the appointment of the first woman judge to the apex court, and believe that the system of appointments will be reformed in a holistic way ensuring transparency and, above all, gender equality in and through its structure and process.
“The WAF calls upon the JCP and the bar/council representing the legal community, to initiate the process of holistic reforms, with the equal inclusion and participation of women across the board,” the statement said.
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