By
Barrister Mian Zafar Iqbal Kalanauri
Advocate Supreme Court of Pakistan, FCIArb , Mediator & Legal Reforms Specialist

Abstract

Despite unprecedented growth in women’s participation in legal education across Pakistan, their presence and empowerment in the legal profession remain disproportionately low. This article synthesizes original qualitative research on female lawyers’ lived experiences with updated national statistics on workplace harassment, gender-based violence, and institutional responses. It analyzes systemic discrimination, unsafe work environments, cultural barriers, and regulatory shortcomings that hinder women’s advancement. Drawing from Qur’ānic injunctions, Sunnah, constitutional guarantees, and socio-legal scholarship, the article presents a comprehensive reform framework aimed at fostering dignity, equality, and empowerment for women in Pakistan’s legal profession.

1. Introduction

Women in Pakistan have entered the realm of legal education and professional training in historic numbers. Today, they top merit lists, lead moot court teams, contribute to research, and increasingly assert their presence in academic and professional spaces. Yet, despite this academic empowerment, professional empowerment remains elusive.

The legal profession-built historically as a male preserve-continues to impose structural, cultural, and institutional barriers that obstruct women’s advancement. Many women enter the profession, but far fewer survive, let alone succeed. This phenomenon represents not only a professional failure but a constitutional and moral one.

As the Qur’ān declares:

“And indeed, We have honoured the children of Adam.”
(Surah Al-Isra, 17:70)

Honour is universal, unconditional, and gender-neutral. A legal system that undermines women’s dignity thus contradicts divine command, constitutional rights, and professional ethics.

2. Women in Legal Education: Progress without Parity

In Pakistan’s law schools, women represent over 60% of enrolled students. They score higher on average, obtain more distinctions, and participate actively in academic discourse. However, these achievements do not guarantee professional success. A significant proportion of women do not enter legal practice, and many who do exit within the first three to five years.

The research identifies several causes:

• Persistent gender stereotypes framing law-especially litigation-as “unsuitable” for women.
• Family resistance rooted in cultural norms.
• Lack of professional support networks and mentorship.
• Social perceptions equating assertiveness with impropriety.

The gap between academic success and professional opportunity reflects structural inequities rather than individual choice.

3. Workplace Harassment and Violence: National Statistics (2023–2024)

Recent data reveals alarming trends in workplace harassment and violence against women.

3.1 FOSPAH Data

According to the Federal Ombudsperson Secretariat for Protection Against Harassment (2023–24):

• 3,571 workplace harassment cases were filed nationally.
• 2,400+ complaints involved women in professional settings.
• Only 735 cases were decided (~20%).
• Over 2,000 remain pending, spanning months or years.
• FOSPAH issued 178 formal reminders to institutions failing to constitute mandatory inquiry committees.

Non-compliance is widespread, revealing a serious governance gap.

3.2 Gender-Based Violence Trends

Based on data from the Ministry of Human Rights, Punjab Commission on the Status of Women, and Sindh Human Rights Commission:

• 63,000+ gender-based violence cases were registered in 2023.
• Punjab alone accounted for 48,000+ cases.
• Police harassment of women complainants increased by 17%.
• Digital harassment and cyberstalking continue to escalate, particularly against professional women.

3.3 Harassment of Female Lawyers (2022–2024)

Media, bar complaints, and court filings indicate:

• 300+ harassment incidents involving female lawyers and interns.
• Fewer than 5% resulted in disciplinary action.
• Several bar officeholders themselves were accused of misconduct.
• Clerks demanded higher bribes from women and exploited procedural bottlenecks.
• Police mistreated female advocates during FIR proceedings or investigation matters.

These figures depict a profession struggling with deeply embedded patriarchal behaviours.

4. Qualitative Findings: Structural and Cultural Barriers in the Legal Profession

Based on semi-structured interviews with female lawyers from major cities, the following themes emerged:

4.1 Hostility in Bar Associations

Respondents frequently described bar associations as:

• “Intimidating”
• “Exclusionary”
• “Hostile to women”
• “Tolerant of inappropriate behaviour”

Senior male lawyers often refused to entrust meaningful cases to women or assigned only “soft” tasks (e.g., adjournments). Many women lacked access to chambers or professional networks essential for practice-building.

4.2 Courtroom Dynamics

Although many judges maintain professionalism, the behavior of other courtroom actors poses serious challenges:

• Male litigators ridicule female lawyers.
• Court clerks prioritize male advocates.
• Filing staff delay process or demand unofficial payments.
• Police officials show bias in implementing court directions.

Thus, the courtroom-symbolically the citadel of justice-often reproduces societal discrimination.

4.3 Harassment by Clients and Police

Women report:

• Being mistaken for clerical staff.
• Clients refusing to engage without a male senior present.
• Inappropriate advances or attempts at manipulation.
• Police hostility or non-cooperation.

These behaviours constitute not only professional misconduct but also violations of dignity.

5. Why Women Leave the Legal Profession: The Silent Exodus

Despite high enrolment, most female lawyers exit early. The reasons include:

• Unsafe workplaces
• Chronic underpayment
• Absence of structured mentorship
• Institutional indifference
• Professional sabotage
• Family pressures and childcare burdens
• A culture that equates assertiveness with impropriety

Consequently:

• Less than 5% of daily district court practitioners are women.
• Less than 3% participate in criminal law.
• Bar leadership remains 97% male.
• Only a handful of women have reached the Supreme Court or Federal Shariat Court.

The loss of talent is colossal, and the cost to justice is immeasurable.

6. Islamic Foundations for Woman Empowerment

Islamic tradition offers a powerful foundation for gender justice in professional and public life.

6.1 Qur’ānic Mandates

“Stand firmly for justice, even against yourselves.”
(Surah An-Nisā, 4:135)

Justice is gender-neutral; it must be both practiced and perceived.

“Women have rights similar to those over them, according to what is just.”
(Surah Al-Baqarah, 2:228)

This establishes reciprocity, equity, and mutual respect.

6.2 Prophetic Teachings

The Prophet Muhammad ﷺ declared:

“The best of you are those who are best to their women.”
(Tirmidhi)

“Each of you is a shepherd, and each is responsible for his flock.”
(Bukhari & Muslim)

Thus, courts, bar associations, and legal institutions have an Islamic duty to protect and empower women.

7. Literature, Poetry & the Social Imagination

South Asian literature has always recognized the centrality of women’s dignity.

Iqbal wrote:

“ذرا نم ہو تو یہ مٹی بڑی زرخیز ہے ساقی”

If nurtured, women’s potential can transform societies.

Faiz urged:

“بول کہ لب آزاد ہیں تیرے”

Voice is agency and empowerment begins with voice.

Parveen Shakir observed:

“وہ تو خوشبو ہے ہواؤں میں بکھر جائے گی”

Women carry the power to transform any space they enter.

8. Structural Lacunae in Law and Practice

Despite existing legislation, several gaps persist:

Legal Gaps

• Bar associations’ autonomy limits oversight by FOSPAH.
• Weak penalties for non-formation of inquiry committees.
• No statutory protection against retaliation.
• Limited remedies for harassment by non-employer actors such as litigants, clerks, or police.

Institutional Gaps

• Lack of safe chambers and women-friendly court infrastructure.
• No uniform surveillance protocols.
• Absence of child-care facilities.
• Inadequate gender sensitivity training.

Cultural Gaps

• Normalization of harassment as “part of the profession.”
• Stereotyping women as suitable only for family law.
• Misogynistic attitudes in bar politics.

These gaps collectively undermine the constitutional mandate of equality and the Islamic injunction of honour.

9. Reform Framework: Pathways to Woman Empowerment in Law

To build a gender-just legal system, the following reforms are recommended:

9.1 Institutional Reforms

• Mandatory Harassment Committees in all bar associations
• Minimum 30% women’s quota in bar councils and executive bodies
• FOSPAH oversight extended to legal institutions
• Transparent and time-bound disciplinary mechanisms

9.2 Safety and Infrastructure

• Women’s chambers at district, high court, and Supreme Court premises
• CCTV monitoring of vulnerable areas
• On-site rapid-response units for harassment complaints
• Secure digital complaint portal

9.3 Professional Advancement

• National Mentorship Program for Women in Law
• Scholarships, stipends, and research grants
• Specialized training in arbitration, corporate law, cyber law, and ADR
• Incentive structures for law firms hiring and promoting women

9.4 Cultural Transformation

• Gender-sensitivity training for all court staff
• Public campaigns normalizing women in criminal and corporate practice
• Recognition and celebration of female legal role models
• Male allyship programs

10. Conclusion: The Future of Justice Requires Woman Empowerment

Women in Pakistan’s legal profession do not seek privilege-they seek dignity, safety, and equality. Empowering women strengthens justice, society, and the nation. As the Siraiki couplet says: ‘Je aurat jaag pai, tay jag vi jaag paye si’ “جے عورت جاگ پئی، تے جگ وی جاگ پئے سی” When a woman awakens, the whole world awakens.

Empowering women in the legal profession is not merely a gender rights issue.
It goes to the core of:

• constitutionalism,
• Islamic values,
• professional ethics,
• and national progress.

Women do not seek favour-they seek dignity.
They do not seek privilege-they seek fairness.
They do not seek sympathy-they seek justice, which is their right.

Let us reaffirm that no woman lawyer should enter a court uncertain of her safety, her respect, or herfuture.

As Iqbal said:

“نہیں ہے نااُمید اقبال اپنی کشتِ ویراں سے”
“Iqbal is never hopeless about his barren field.”

Empower women and watch the legal profession bloom.

References:

1. Federal Ombudsperson Secretariat for Protection Against Harassment (FOSPAH), Annual Report 2023–2024 (Government of Pakistan 2024).
2. Ministry of Human Rights, Violence Against Women Data Compendium 2023 (Government of Pakistan 2024).
3. Punjab Commission on the Status of Women (PCSW), Gender-Based Violence Statistics Report 2023 (PCSW 2024).
4. Sindh Human Rights Commission, Human Rights Situation Report 2023 (SHRC 2024).
5. Women in Legal Education and the Legal Profession in Pakistan; https://www.linkedin.com/posts/zafar-kalanauri-0728539_womeninlaw-femalelawyers-legaleducatio-activity-7258108584012484608-WHd0?utm_source=social_share_send&utm_medium=member_desktop_web&rcm=ACoAAAG6GZYBmCOKd74tE7_ogmeO0vy9TCmT0pQQur’ān
6. Qur’ān 17:70, Qur’ān 4:135, Qur’ān 2:228
7. Hadith Sources :Muhammad ibn Ismail al-Bukhari, Sahih al-Bukhari.Muslim ibn al-Hajjaj, Sahih Muslim.Abu Isa Muhammad al-Tirmidhi, Jami‘ al-Tirmidhi.