ccording to the 2023 census, Pakistan’s population has grown to 249.5 million. Women make up 49.56 percent of the number. However, the number of women in important decision-making forums is far behind this ratio.

According to the Global Gender Gap Report 2024 by the World Economic Forum, Pakistan ranks 145 out of 146 countries, making it the second lowest globally in terms of gender parity (see Table 1.1).

Table 1.1

As aptly pointed out by Ruth Bader Ginsburg 16 years ago: “Women belong in all places where decisions are being made. It shouldn’t be that women are the exception.”

This article is about the representation of women in Pakistani courts. There are 3,534 judges in Pakistan’s constitutional and district courts. The superior judicature includes the Supreme Court of Pakistan, a High Court for each of the four provinces and a High Court for the Islamabad Capital Territory. The apex court has 17 judges, out of which two are women (see Table 1.2). The total number of judges in the High Courts of Pakistan is 143. Out of those five are women (see Table 1.3 and 1.4). The Federal Shariat Court has no woman on the bench. There are no women in the Judicial Commission of Pakistan, which appoints judges to the Supreme 

Table 1.2

Court, the High Courts and the Federal Shariat Court.

Table 1.3

Table 1.4

The statistics regarding the district judiciary are similarly skewed (see Table 1.5). Currently Khyber Pakhtunkhwa has the largest perecntage of women judges.

Table 1.5

Greater female representation on the judicial benches can result in more diverse issues being highlighted and addressed. Such inclusion leads to the development of more comprehensive and effective policies that better cater to the needs of the society by assigning equal importance to all genders and ensuring that their rights are safeguarded. By bringing different perspectives to the table, judges can help evolve solutions that are more inclusive and reflective of the needs of the entire population. Such an approach not only enhances policy formulation but also promotes a more equitable and just society.

Only about 16.3 percent of the judges in Pakistan are women. It is incumbent upon the judiciary to promote fundamental rights and interpret constitutional provisions more liberally, aligning with the objectives of the UDHR and other relevant treaties like the CEDAW.

The case of Sadaf Aziz v Federation of Pakistan is one such example. Justice Ayesha Alam Malik, wrote a landmark judgement, ruling that the two-finger test for virginity and hymen test on survivors of rape and sexual abuse were unconstitutional, illegal and discriminatory and ordered a prohibition. She held that the test was a violation of Articles 9 (right to life) and 14 (right to dignity) of the constitution. Moreover, it was discriminatory.

As Audre Lorde eloquently stated: “It is not our differences that divide us, it is our inability to recognise, accept and celebrate those differences.”

Thus, the first step in going forward is to recognise and accept the differences. Only then can we make amends to rectify past injustices. Only 16.3 percent of the judges in Pakistan are women. Moving forward, it is incumbent upon the judiciary to promote fundamental rights and interpret constitutional provisions more liberally, aligning with the objectives of the UDHR and other relevant treaties like the CEDAW.

It is important that the legislature implement the measures mandated by the conventions ratified by the state. Developing and implementing appropriate policies across political, social and economic domains is crucial. These policies aim to ensure the full development and advancement of women, guaranteeing their exercise and enjoyment of human rights and fundamental freedoms on the basis of equality with men. Such policy actions could include equitable measures or temporary special measures that justify resorting to affirmative action aimed at accelerating de facto equality between men and women. Implementing affirmative action provided for in Article 25(3) of the constitution could involve setting female quotas on committees/ commissions to ensure effective and meaningful representation, promoting their participation and establishing support networks aimed at enhancing women’s representation. There is a need also for a shift in parental mindsets to encourage girls and women to prepare for these responsibilities through appropriate education and training.

Creating an organisational culture that values gender diversity requires awareness campaigns that highlight the achievements of women judges and emphasize the importance of representation to drive change. To foster a supportive environment, the incumbents must develop and promote equitable policies—such as anti-harassment measures, fair transfer procedures and equal opportunity policies. Infrastructural changes like having separate restrooms, providing women with health and wellness facilities and designing other facilities that prioritise comfort, privacy and gender equality, such as secure parking, well-lit pathways, etc too are important. Finally, women judges must play a proactive role and serve as mentors for younger female law practitioners. Through mentorship, guidance and career advice, they can help shape the next generation of legal professionals.

Diversity on the bench is an essential component of a fair and impartial judiciary. By bringing a range of experiences and perspectives to bear, judges can make better-informed decisions, ultimately increasing public confidence in their rulings.

The writer is a law student at the Lahore University of Management Sciences