Empowering Women: Analyzing Perspectives on the Property Rights (Amendment) Bill 2021

Abstract

This paper examines the Women Property Rights (Amendment) Bill 2021 to examine the ideological basis, implementation process, and the effect on property rights against women in Pakistan. Although the bill was dedicated to provide equitable property distribution and empower women economically, the long-term cultural, social and procedural obstacles have continued to defeat the success of the bill. The qualitative data were gathered using the in-depth interview as a method of study, and Fairclough Critical Discourse Analysis (CDA) as a theoretical framework to study the data obtained with the help of five family lawyers working at the Lahore High Court. The results indicate that although the bill is intended to empower women because it grants them their rights to inheritance, the practical aspect of the same has not been fully implemented. The legal professionals underlined that the structural corruption, ignorance, patriarchal traditions, and the lack of the law enforcement are the impediments to the actual development. Such practices as HaqBakhswai, coercive Hiba transfers and social pressures tend to induce women to give up their rights. The amendment is often minimized to the symbolic application, despite being a positive move in legislation, which is not very protective even in practical cases. The study highlights that the actual empowerment lies not only in the legal reforms but also in the socio-cultural change and legal awareness of the people. The gap between law and practice can also be reduced by the strengthening of institutional mechanisms and the spread of awareness on women legal rights. Finally, the paper is of use to the study of the way in which critical analysis of legislative discourse can serve as a manifestation of the greater experiences of gender equality and social justice in Pakistan.