Legal remidies available to the victims of 'Vani' or 'Swara': an analysis of the marital rights in Pkaistan legal system.

Abstract

We are living in a modern era where everyone has liberty to do anything. It’s our fundamental right to choose whatever is suitable for us and better for us. If we talk about the marriages then it is Sunnah to get married when you attain puberty. Islam also gives the liberty to choose your own life partner. But there are so many practices which are influencing the lives of so many girls. There is a need to focus on the status of Vani or Swara practices and their effects in Pakistani society while discussing the conventional laws incorporated at national level for the protection of women in Pakistan. The purpose of this research is to discuss these cold-hearted practices under the light of the present Pakistani laws as well as the lacunas therein. The main emphasis of this research intends to examine the status of implementation of the Anti-Women Practice Act 2011, with respect to substantive, structural and cultural gaps in the law and structural mechanisms that impeded justice for women and to make recommendation for improved prevention and smooth handling of cases. Our research will examine the status of implementation of the Anti-Women Practice Act 2011, analyzes state response to anti-women practices and captures experiences of women suffering from abuse and violence of the practices of Vani or Swara. To understand more clearly the underlying implementation and methods the material or data is collected mainly through the case study research approach for a robust and an in-depth investigation through observations and interviews. Surveys are also used to collect data about practical aspects of Vani and Swara.