A Digest of Case Law on the Human Rights of Women - Asia Pacific ...

CEDAW
Pakistan
Article 16.1(b)
Marriage and Family Life
Marriage and Consent
Humaira Mehmood (Petitioner) v The State and others (Respondents)
1999 Pakistan Current Criminal Rulings 542 (Lahore)
18 February 1999
Tasadduq Hussain Jilani J
<strong>Law</strong>s and International Instruments Considered
CEDAW 1979, Article 16;
Cairo Declaration on Human Rights in Islam 1990, Articles 5, 6;
Constitution <strong>of</strong> Pakistan 1962, Article 98;
Constitution <strong>of</strong> Pakistan 1973, Articles 4, 25, 35, 199;
Contempt <strong>of</strong> Courts Act, Section 3;
Criminal Procedure Code, Sections 491, 561-A;
Muslim Personal <strong>Law</strong>, Section 34.
The Court considered two writ petitions in this case. In the first petition it examined
the meaning and role <strong>of</strong> consent in a valid marriage under Pakistani law. In the
second petition, brought by a human rights activist, the Court considered whether the
police in their investigations had acted male fides (in bad faith). It also considered
whether courts have the authority created by the Constitution <strong>of</strong> Pakistan 1973 [“the
Constitution”] and CEDAW to sanction the actions <strong>of</strong> the police and whether it should do
so in this instance.
On 16 May 1997, a marriage ceremony (Nikah) was performed between Mehmood
Butt and Mst. Humaira. Both parties consented to the marriage. The marriage was
<strong>of</strong>ficially registered on the same day. After disclosing her marriage to her parents,
who did not agree with her choice <strong>of</strong> husband, Mst Humaira was beaten severely and
confined to hospital for one month. Nikah Khawan, who conducted the marriage
ceremony, claimed that he was threatened by the police and told to deny that he had
performed the ceremony. On 28 October 1998, the police received a report from
Mst. Humaira’s family that Mehmood Butt and his brother had abducted a young
woman named “Rabia”. The investigation was later cancelled on the basis that no
such abduction had ever taken place. In November 1998, Mehmood Butt and Mst.
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