Petition challenges discrimination against women over receiving summons

Women must have the right to receive summons, come under the ambit and definition of 'adult and reasonable person'

LAHORE:

A writ petition was filed in the Lahore High Court (LHC) on Saturday, challenging discrimination against women over receiving “summons” issued by the court.

The petition questioned why the summons, both in criminal and civil cases, could not be served or received by female family members.

“Serving summons only to the adult male of the family members and depriving the female of this right is itself a violation of the right guaranteed under the Constitution of Pakistan,” petitioners Syeda Izzat Fatima and Maryam Chaudary implored the court.

Advocate Syeda Izzat Fatima implored in the petition that the service of summons in criminal cases shall be only on the adult male member of the family of the person summoned. While in a civil suit, Order V Rule 15 provides the service of summons on an adult male member of the family.

The petition noted that relevant section 70 of Cr.P.C and Order V Rule 15 of CPC are outdated in today’s era, women are working side by side and are active in every sector of the field. Both these codes create a distinction and discriminate between genders.

There should be equality before the law and equality of justice, the counsel Izzat Fatima contended in the petition.

The Code of Criminal Procedure and Civil Procedure Code does not consider an adult female member of the family capable and competent to receive the summons, she noted.

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She argued that the majority of males work outside the house while female members are mostly available, especially during day time, at their home. Therefore, women must have the right to receive summons and come under the ambit and definition of an adult and reasonable person, she added.

The counsel contended that the aforesaid relevant section and Rule 15 both fail to account for situations such as when the person summoned resides only with female family members or when the only person available at the time of service of summons is a woman.

The aforesaid section and Rule are hence unconstitutional by creating a gender bias and discrimination between males and females. Under British law, Criminal Procedure Rules 2015 Rule 4.3 to 4.4 discuss the provision and delivery of summons but nowhere are they restricted or limited to an “Adult Male”.

Under Federal Rules of Civil Procedure for the United States District Courts, summons is described in Rule 4 Summons, including details about the method and process of serving summons. However, nowhere in the entire Rule has the word “male” been used.

The petitioners requested the court to direct the concerned quarters to legislate or amend laws in accordance with the Constitution.

They further prayed the court to direct taking urgent initiative towards this ongoing issue regarding gender discrimination and look over the unconstitutional aspect of Section 70 and Rule 15.