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Govt should assist women in obtaining inheritance: Balochistan court

Women in the province unaware of their rights: petitioner

SAMAA | - Posted: Jul 30, 2021 | Last Updated: 2 months ago
SAMAA |
Posted: Jul 30, 2021 | Last Updated: 2 months ago

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The Balochistan High Court has ordered the government to assist women in obtaining their share of the inheritance. On Friday, Advocate Muhammad Sajid Tarin filed a petition in the court against women in the province being deprived of their share in inheritance, especially property. "In most cases, whenever a settlement is made for inherited property, women are conveniently ignored or sidelined from the process," he said. A two-member bench, comprising Chief Justice Jamal Khan Mandokhail and Justice Muhammad Kamran Khan, remarked that under Section 498 A of the Pakistan Penal Code, anyone depriving women of their rightful share of inheritance shall be punished. The law states: "Whoever by deceitful or illegal means deprives any woman from inheriting any movable or immovable property at the time of opening of succession shall be punished with imprisonment for either description for a term which may extend to ten years but not be less than five years or with a fine of one million rupees or both". Whoever is found guilty of the crime will be punished to a sentence of at least 10 years with a fine of Rs1 million. Advocate Tarin pointed out that despite the law, there are multiple violations being made. "In a male-dominant society like ours, it is very difficult for women to go to courts." In most of the cases, women themselves, are not aware of their rights, he said. To this, the judges remarked that the government should take up the responsibility of ensuring women receive their rightful share. "The government should also run electronic and digital campaigns creating awareness over the issue, especially among women," the court said, adding that the law should be taught in schools and colleges as well. Follow SAMAA English on Facebook, Twitter, and Instagram.
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The Balochistan High Court has ordered the government to assist women in obtaining their share of the inheritance.

On Friday, Advocate Muhammad Sajid Tarin filed a petition in the court against women in the province being deprived of their share in inheritance, especially property.

“In most cases, whenever a settlement is made for inherited property, women are conveniently ignored or sidelined from the process,” he said.

A two-member bench, comprising Chief Justice Jamal Khan Mandokhail and Justice Muhammad Kamran Khan, remarked that under Section 498 A of the Pakistan Penal Code, anyone depriving women of their rightful share of inheritance shall be punished.

The law states: “Whoever by deceitful or illegal means deprives any woman from inheriting any movable or immovable property at the time of opening of succession shall be punished with imprisonment for either description for a term which may extend to ten years but not be less than five years or with a fine of one million rupees or both”.

Whoever is found guilty of the crime will be punished to a sentence of at least 10 years with a fine of Rs1 million.

Advocate Tarin pointed out that despite the law, there are multiple violations being made. “In a male-dominant society like ours, it is very difficult for women to go to courts.”

In most of the cases, women themselves, are not aware of their rights, he said.

To this, the judges remarked that the government should take up the responsibility of ensuring women receive their rightful share.

“The government should also run electronic and digital campaigns creating awareness over the issue, especially among women,” the court said, adding that the law should be taught in schools and colleges as well.

Follow SAMAA English on FacebookTwitter, and Instagram.

 
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