A CONSTITUTIONAL ANALYSIS OF GENDER DISCRIMINATION IN CITIZENSHIP LAWS OF PAKISTAN UNDER ARTICLES 25 AND 35

The legal, political and social rights of citizens depend on citizenship. In Pakistan, however, the laws of citizenship remain open to gender discrimination, especially in respect of the transfer of citizenship to foreign spouses. This study examines the issues of disparities between the provisions in Pakistan Citizenship Act 1951 and the constitution as embodied in Article 25 and 35. The paper considers statutory provisions, the evolution of judicial trends and international human rights obligations from a doctrinal and socio-legal perspective. It claims that the restrictions are not only equalitarian and family protection violations of the Constitution but they also create structural inequality. The study finally makes recommendations for gender neutral reforms that are in line with the constitutional requirements and international standards.