Women in Law

Women in Law

Women have entered Pakistan’s legal profession in increasing numbers, but equality must be measured not only by entry, but by whether women can advance into positions of influence.

A century ago, the question was whether women could practise law. Today, the challenge is whether they can progress and lead on equal terms. The Legal Practitioners (Women) Act of 1923 removed the formal barrier to women enrolling as legal practitioners, yet institutional, cultural and professional barriers continue to affect advancement. The appointments of Justice Ayesha A. Malik as Pakistan’s first woman Supreme Court judge in 2022 and Justice Musarrat Hilali in 2023 were historic milestones. Yet individual achievements cannot substitute for broader representation in senior litigation, bar leadership, judicial office and institutional decision-making.

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The gap lies between qualification and advancement. Women enter law schools and qualify as advocates, but the profession often rewards unrestricted availability, extensive networking and long hours in chambers and court. These expectations can disadvantage women who disproportionately carry domestic and caregiving responsibilities.

The debate must therefore move beyond enrolment to retention, independent practice, senior advocacy, bar-election participation, leadership and judicial appointments. Entry is one measure of equality; progression is another.

International evidence illustrates the distinction. In England and Wales, women made up 55 per cent of lawyers in Solicitors Regulation Authority-regulated firms in 2025, but only 35 per cent of full-equity partners. In 2026, women accounted for 54 per cent of solicitors, 42 per cent of barristers and 45 per cent of judges. Representation must therefore be assessed across the professional pipeline.

Pakistan’s wider gender indicators make this particularly relevant. World Bank data put female labour-force participation at 24 per cent in 2025, compared with 80.1 per cent for men. The World Economic Forum’s 2025 Global Gender Gap Report ranked Pakistan 148th among 148 economies. The legal profession, as a defender of constitutional rights, must also examine equality within its own institutions.

Professional safety is another concern. Although Pakistan has legislation addressing workplace harassment, junior lawyers dependent on senior colleagues for briefs and opportunities may hesitate to report misconduct. Bar associations should provide confidential complaints mechanisms, independent investigations and protection against retaliation.

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Courts and bar premises should also provide safe working environments and adequate facilities. Professional bodies should consider childcare support and arrangements that help women remain in practice during maternity and caregiving periods.

Better data could drive reform. The Pakistan Bar Council, provincial bar councils, bar associations and judicial institutions should publish an annual Women in Law report covering enrolment, retention, seniority, leadership, bar elections, judicial appointments, harassment complaints and institutional support. This would replace anecdotal debate with measurable accountability.

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Mentoring, continuing legal education and leadership programmes can further support advancement. Bar associations should create opportunities for junior women advocates to develop expertise and take on leadership responsibilities.

Judicial appointments should follow transparent criteria and documented assessments of professional achievement. Merit and diversity are not competing principles; candidates cannot compete fairly where professional conditions are unequal.

There is also a constitutional imperative. Article 25 guarantees equality before the law and prohibits discrimination on the basis of sex, while Article 34 directs the state to ensure women’s full participation in national life. These principles should inform institutional practice.

Women lawyers also play an important role in representing women, children, families and marginalised communities. Their presence across the profession can broaden access to justice and demonstrate that legal careers are open to future generations.

A century ago, women had to establish their right to practise law. Today, the challenge is ensuring they can remain, advance and lead.

The bar must do more than defend equality before the law; it must embody it. A representative legal profession is one in which gender no longer determines who can reach its highest offices.

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📰 Original Source Attribution

Reported by nation.com.pk.

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