ABSTRACT
This chapter draws upon the experiences of 20 women claimants of inheritance and their subsequent interaction with the criminal justice system (CJS) of Pakistan in wake of the 2011 criminal law amendment. The chapter is theoretically grounded in Smart’s (Feminism and the Power of Law, New York: Routledge, 2002) work on law in practice and Gilligan’s (In a Different Voice: Psychological Theory and Women’s Development, London: Harvard University Press, 1993) ethic of care. Perusal of inheritance is socially regarded as a marker of female ‘deviance’ and ‘rebellion’. The chapter explores whether this amendment alleviates occurrences of socially sanctioned denial by empowering female claims. It was observed that women’s interactions with the CJS are mediated through the shifting matrix of socio-economic and political forces. It is argued that the ability of the law to act as corrective is curtailed by the everyday impediments placed by societal patriarchy, with marriage patterns and dowry reifying patriarchal control of resources. Lack of access to legal documents and inaccessible legal jargon also stop many women before they even come in contact with the CJS. However, if contact is made, the interaction itself is fraught with institutionalised sexism of police, revenue and legal departments. Finally, the chapter comments on the efficacy of the CJS when it comes to women’s rights in Pakistan.
