Why is female judge target of criticism? Maria Memon's Analysis
Why is female judge target of criticism? Maria Memon's Analysis
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00:00 Last week we saw a live telecast of the Supreme Court hearing on the practice and procedure case.
00:07 For the first time we saw on our screens how the judges put their points of view, how they debate, how they question and answer.
00:15 During this time, an important point was raised by Justice Ayesha when she said that if a full court is issuing a decision against the applicants,
00:24 then where will the appeal for that decision be heard? This was a very important point. Let's hear what Justice Ayesha had to say about this.
00:33 So then what happens again, I go back to the full court hearing and you are given a right of appeal under that.
00:39 So are they not then entitled to their right of appeal in the event that the court decides that these petitions are not maintainable?
00:46 They cannot challenge it? Does that not go to the fact that once again you put the burden on the court itself to decide when it wants to constitute a full court
00:55 and block that right of appeal and when it wants to constitute a smaller bench and allow that right of appeal?
01:02 When Justice Sahiba asked this question, the Attorney General did not have an immediate answer to it.
01:07 Then we saw that there is a break for food or tea and when we return from that, the Chief Justice says that Justice Ayesha raised a very important point
01:15 and during this time he has been thinking about what the answer will be. Then he asks the Attorney General how will you address this?
01:24 I think my colleague has raised a very valid point and I was thinking about it during the break.
01:32 How will you address this? Because one answer could be that if the wisdom of all is such, then naturally everyone would have seen all the angles.
01:44 So when Justice Sahiba raised the point, the Chief Justice said that this question is valid and then there was a lot of debate on it
01:51 and Justice Mansoor Ali Shah did not give two cents on it. The point was valid and then the people who gave their opinion in the debate,
01:59 what did Justice Mansoor Ali Shah say?
02:01 If the committee were to view that the matter is so grave and so serious that a larger bench which will not provide for an appeal to be made,
02:09 either full court or any large bench, then that would be so. That is how the committee will decide.
02:15 So it does not take away the power to constitute a larger bench or a full court but at the same time it will be saying that it is so important that a collective wisdom will prevail.
02:23 There is no, I mean, it can be easily reconciled.
02:28 Where there was a lot of debate on this issue in the court, a disgusting campaign started on social media
02:35 and the ability of the female judge to sit in the Supreme Court, questions were raised about this.
02:42 And we saw that there were female enablers in this.
02:46 The female social media activists and politicians who played a role in making fun of the question of the female judge were the most shameful.
02:55 Because even if a woman has to justify why she is there sitting on such a high position and her opinion is made fun of in front of men,
03:04 but when the judge sitting on the same position, who is a man, does the same thing and does not make fun of her, then this is called sexism.
03:12 This is misogyny which is being openly done there.
03:16 I do not know Justice Ayesha Malik personally. I only know her through her judgments.
03:21 How do I know? Because she gave that historic judgment in which the two-finger test was terminated.
03:27 What does she say in this judgment?
03:29 Two-finger test is illegal and illegal. Two-finger test is contrary to Article 9 and 14 of the Pakistan Constitution.
03:37 The two-finger test of a woman who is a victim of sexual abuse is neither scientific nor has it any natural status.
03:43 The two-finger test has no forensic significance.
03:46 The two-finger test of sexual abuse damages the dignity and honor of women.
03:51 It is contrary to the discriminatory treatment of women and is also against the article of the Pakistan Constitution.
03:57 The Federation and the Government of Punjab should take action against the two-finger test of women who are victims of sexual abuse.
04:03 The Subahi Government should provide the protocol according to international standards for the prevention of sexual abuse.
04:09 All relevant authorities should be trained and informed about the fact that the two-finger test has no forensic significance.
04:16 You should remember that the two-finger test is still a hot topic in India.
04:21 Pakistan has the honor of getting rid of this test.
04:26 When women sit on the throne, they give such earth-shattering decisions that affect the entire justice system.
04:36 The program is over. Don't forget to give your feedback. Take care. Goodbye.