‘Gender discrimination’ in summons process challenged

Petitioners ask why notice cannot be received by woman

LAHORE:

A writ petition was filed in the Lahore High Court challenging “discrimination” against “females” over receiving of “summons” issued by courts, asking why summons in the cases of criminal and civil nature could not be served on or received by a female member of a family.

“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,” the petitioners, Syeda Izzat Fatima and Maryam Chaudary, implored the court.

Advocate Syeda Izzat Fatima implored in the petition that the serving of summons in criminal cases was only on the adult male member of a family of the person summoned in case of the latter’s absence while in a civil suit, Order V Rule 15 provided serving of summons on an adult male member of the family in case the defendant was absent.

Section 70 of the CrPC or Order V Rule 15 of the CPC was outdated in the current era when women were working alongside men in every field. Therefore, both these Codes were “creating distinction and discrimination between the genders”, and there should be equality of law, Izzat Fatima contended in the petition.

The Code of Criminal Procedure and the Civil Procedure Code did not consider an adult female member of a family capable of receiving the summons. A majority of men work outside of their houses and mostly female members remained in their homes especially during the daytime.

Therefore they must have the right to receive summons.

Published in The Express Tribune, December 11^th, 2022.