Subject Positioning and Subjectivity Constitution in Pakistan

Abstract

Pakistan did not get its first constitution until 1956. Since then, two more constitutions have been promulgated, one in 1962 and the other in 1973. The last mentioned has been hailed as the constitution on which there was a complete national consensus. For most of its life, however, the 1973 constitution has been suspended by respective military governments. I will not go into details of the constitutional issues here due to constraints of scope and space, but will instead concentrate on how constitutional discourse in Pakistan affected women.¹ In each of the articles of the constitution that aim at safeguarding women’s rights, provisions to this effect have been explicitly stated. For instance, articles 25 and 34 of the 1973 constitution stipulate that: i. All citizens are equal before the law and are entitled to equal protection before the law. ii. There shall be no discrimination on the basis of sex alone. iii. Nothing in this article shall prevent the State from making any special provision for the protection of women and children.