Gender discrimination

2023 PLD 416 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Art. 25Gender discriminationScopeSex discrimination occurs when women's health needs, such as maternity care, are neglected

Violation of right to safe motherhood constitutes an infringement of Art. 25 of the Constitution and also offends women's right to dignity guaranteed by Art. 14(1)of the Constitution

Such right is absolute, non-negotiable and inviolable.

2015 PLD 97 QUETTA-HIGH-COURT-BALOCHISTAN Judicial Precedent

Chap. 1, para 1(B)Constitution of Pakistan, Arts.25 & 199Constitutional petitionAdmission to medical collegesGender discrimination

Petitioners were aggrieved of reserving 50% seats for female candidates for admissions in medical colleges in Balochistan province

Validity

State was mandated under the Constitution to eliminate gender discrimination but authorities had attempted to perpetrate the act of gender discrimination in fixing percentage of seats for girls in medical colleges

No plausible and justifiable reasons were offered on the part of authorities to arrive at the conclusion that female students did not enter field of medical after completing their studies and, therefore, to hold 50% reservation provided for girls needed to be implemented

Women were working in all spheres of life including law enforcing agencies, education and civil administration

Restraining admission of females in medical colleges on the ground that they did not enter into medical field, could not be appreciated, as the same work was already being performed by them

Such action of authorities amounted to gender discrimination and could not be called as a reasonable restriction

High Court declared policy of fixation of quota to be unconstitutional, against Art.25 of the Constitution and principles laid down by the Supreme Court

High Court directed to exclude para. 1(B) of Chap. I of the Prospectus of Bolan Medical College for session 2014-15

High Court further directed that old policy in respect of admissions in first year M.B.,B.S. Bolan Medical College should be continued while granting admissions to students in session 2014-15

High Court also directed that for 2014-15 session, admission to Bolan Medical College must be finalized on the basis of old policy as early as possible

Petition was allowed accordingly.

2012 YLR 1801 KARACHI-HIGH-COURT-SINDH Judicial Precedent

Art. 25Gender discriminationScope

Provision of Art. 25(2) of the Constitution prohibits gender based discrimination but clause (3) allows positive discrimination for the "protection" of women.

2012 YLR 1801 KARACHI-HIGH-COURT-SINDH Judicial Precedent

S. 6(2)Constitution of Pakistan, Art. 25(3)Gender discriminationEffect

Provisions of Art. 25(3) of the Constitution can be regarded as applying to Peoples University of Medical and Health Sciences Act, 2009, as the same by virtue of its S.6(2), positive discrimination in favour of women by allowing the girls-only character of Peoples Medical College to remain alive.