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Will Supreme Court’s first female judge boost women’s rights?

Shahid Shahnawaz by Shahid Shahnawaz
March 24, 2022
Justice Ayesha Malik is set to become the first woman judge of the Supreme Court. Source: SCP.

Justice Ayesha Malik is set to become the first woman judge of the Supreme Court. Source: SCP.

It is surprising to know that no woman has ever been appointed as a judge of the Supreme Court of Pakistan in the country’s 74-year-old history.

The situation might change as Justice Ayesha Malik is set to become the first woman judge in the Supreme Court of Pakistan in the country’s history.

Justice Malik’s appointment

Chief Justice of Pakistan Justice Gulzar Ahmed has convened a meeting Judicial Commission September where the historic decision will be made.

Senior judge Justice Mushir Alam is retiring on August 17 and she is expected to replace him. If confirmed, Justice Ayesha Malik will be the first woman judge in the history of Pakistan to be elevated to the Supreme Court. Justice

Malik has been a Lahore High Court judge since March 27, 2012, and ranks number four on the seniority list of the LHC. If elevated to the apex court, she will remain judge of the Supreme Court until March 2031.

Profile

Born in 1966, Malik completed her basic education from schools in Paris, New York, and Karachi She completed her B.Com from the Government College of Commerce and Economics, Karachi, and studied law at Pakistan College of Law, Lahore.

She did LLM from Harvard Law School where she was named a London H. Gammon Fellow 1998-1999 for outstanding merit. Justice Malik has appeared in the high courts, district courts, banking courts, special tribunals, and arbitration tribunals.

The justice was called upon as an expert witness in family law cases conducted in England and Australia involving issues of child custody, divorce, women’s rights, and constitutional protection for women in Pakistan.

Women’s rights

It is well-known that only another woman can understand the pain of one woman. The elevation of a women judge at the apex court will give a different perspective on many of the problems faced by women in the country.

Justice Malik gave her landmark judgment back in June, when she had declared virginity tests for examination of sexual assault survivors “illegal and against the Constitution of Pakistan.”

A single bench led by Justice Malik announced the verdict in a set of petitions, filed in March and June 2020 by rights activists. The integrity of the esteemed judges of the Supreme Court cannot be questioned but having a woman at the bench of the apex court is the need of the hour. It’s the year 2021 and it is necessary that women should be involved at the top positions in the judiciary.

 

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