March 21, 2024
By Shaukat Korai
KARACHI:
Acknowledging that Pakistani women’s husbands, who possess nationality of other countries, have the right of citizenship in Pakistan, the Sindh High Court on March 5, 2024 observed that a provision in the Citizenship Act, 1951 gives a preferential treatment to the foreign national wives of Pakistani men and deprives the same right for Pakistani women’s husbands.
“Restricting the benefit of Section 10(2) to Pakistani men only is a clear discrimination to Pakistani women,” ruled a division bench of the Sindh High Court (SHC).
The landmark ruling follows petitions filed by five women seeking Pakistani citizenship for their foreign husbands. Three women initiated the process in 1996, one in 2014, and the last one filed in 2021. Sadly, during this period, one petitioner, Zainab, who initiated the request, has passed away.
The ruling gives hope to many women who have applied for citizenship for their foreign husbands. “I think it is a milestone ruling, where the courts are committed to promote gender equality, and are showing their commitment to fulfill the objectives of the public interest,” says Zahra Ahmed.
The Women’s Action Forum has always demanded equality for all; “that there should be a change in the Citizenship Act; that women should have the right to marry a non-Pakistani,” says Uzma Noorani.
In the past, women faced evident discrimination, in violation of the constitution which prohibits discrimination based on gender or sex. While a Pakistani man marrying a non-Pakistani woman would be granted Pakistani nationality, the same did not apply to a Pakistani woman married to a non-Pakistani man.
Describing the intricacies of the legal framework, lawyer Salauddin Ahmed says that denying citizenship to foreign husbands of Pakistani wives contradicts the constitution. “
“The issue lay in the disparity within the Pakistan Citizenship Act of 1951, where a provision stated that if a Pakistani man married a non-Pakistani woman, she was entitled to Pakistani citizenship. However, if a Pakistani woman married a non-Pakistani man, her husband did not enjoy the same right,” he says.
He adds that there’s no requirement for amending the law since the court has provided clarification on the clauses.
Lawyer Moniza Kakar says that before the court decision, women were deprived of this right. “This ruling will empower Pakistani women married to Afghan refugees to pursue Pakistani citizenship for their spouses.”
However, she adds, despite the issuance of Proof of Registration (POC) cards by the Peshawar High Court to these men, they have yet to obtain nationality. “It’s crucial to note that the petition submitted to the Peshawar High Court was specifically aimed at obtaining nationality for these individuals. The Sindh High Court has adopted a divergent approach in this matter but has opened the debate on the citizenship rights.”