Women inheritance cases should be decided within 3 months: BHC
Syed Ali Shah :
QUETTA: The Balochistan High Court (BHC) has ordered that women’s inheritance cases should be preferably decided within three months but not later than six months. In a landmark judgment, a division bench of the BHC comprising Chief Justice, Mr. Justice Jamal Mandokhail and, Mr. Justice Kamran Malakhail has given multiple examples of womens’ Islamic and constitutional rights in the inheritance. “Justice hurried is justice buried”, “Justice delayed is justice denied”, the court thoroughly discussed the pending inheritance cases in the country.
The court passed the judgment on a petition filed by senior lawyer Sajid Tareen Advocate. Mr. Tareen had lamented in the petition that women were being denied their inheritance rights in a male-dominated society.
Inheritance appeals/revisions should be decided within one month
The court also ordered that appeals/ revisions pertaining to inheritance should be decided within one month. The Court also barred the Revenue Department from conducting any settlement without the participation of women. The court noted that in most of the cases, the settlement of land is conducted by men and that women are never consulted or taken on board in this regard.
The Deputy Commissioners should ensure a campaign with regard to any settlement in Urdu and other local languages through female teachers and health professionals to sensitize women.
The BHC directed the Senior Member Board of Revenue (SMBR) to establish a special cell to address the grievances of women with regard to inheritance rights. In the case of any complaint against the revenue staff, the aggrieved women can also approach the Registrar of the BHC.
Women’s names are not included in the settlement
Settlement record across the province shows that women’s names are not included rather men decide and the revenue department has failed to provide Islamic and constitutional rights to women, the court mentioned.
Before every inheritance case, the revenue department should consult NADRA about the family tree that includes all men and women members, the order added.
Justice Malakhail also ordered the SMBR and Director-General of NADRA to hold a meeting in this regard and evolve a better mechanism. The court also directed NADRA to establish a special complaint cell to make sure timely information to the SMBR in the case of women inheritance cases.
People follow tradition, customs rather than religion and constitution
Justice Malakhail lamented that ground realities show that women are denied their Islamic and constitutional rights like they were in pre-Islamic society. “Instead of following religions and constitution, our people follow traditions and customs”, he mentioned. He said it is noticed that in many cases sons demand inheritance rights of mothers but at the same time, they are reluctant to provide inheritance rights to their daughters and sisters.
