Marriage Does Not Permit Spousal Violence, Lahore High Court Rules in Key Judgment
LAHORE: The Lahore High Court has issued an important ruling concerning sexual violence during marriage and the protection of women’s rights in marital relationships, dismissing a petition seeking specific legislation to address violence and sexual abuse within marriage.
In its written judgment, the court observed that marriage does not diminish a woman’s constitutional rights or human dignity, nor does it give either spouse the right to subject the other to violence.
The judgment stated that lawmaking falls within the constitutional authority of Parliament and provincial assemblies, adding that courts cannot assume the role of legislatures or enact laws themselves.
It further noted that laws against domestic violence already exist in Punjab and other provinces to protect women. The relevant assemblies are free to introduce further legislation on the matter in accordance with the Constitution.
Justice Abher Gul Khan issued the written verdict while dismissing a petition filed by lawyer Areej Sohail.
According to the judgment, the legal framework for protecting women is not limited to the Pakistan Penal Code. Various laws have been enacted to safeguard women against domestic violence and other forms of abuse.
The petitioner had sought the introduction of separate legislation specifically addressing sexual violence during marriage.
The court observed that the existing legal framework provides protections for women, while emphasising that any additional legislation on the subject must be enacted by the relevant legislative bodies under their constitutional powers.
