"Jirgas" "panchayats" and "council of elders" -- Scope - Jirga or panchayat must operate within the law --

 PLD 2023 Lahore 171

"Jirgas" "panchayats" and "council of elders" -- Scope - Jirga or panchayat must operate within the law --- Jirga cannot make any decision which is arbitrary , unjust , illegal or contrary to the fundamental rights guaranteed by the Constitution .

Penal Code ( XLV of 1860 ) , S. 310 - A --- Laws inconsistent with or in derogation of Fundamental Rights to be female in marriage . of void -- Punishment for giving a otherwise in badle - e - sulh , wanni or swara --- Scope --- Article 8 ( 1 ) of the Constitution mandates that all laws , customs and usages which are inconsistent with or in derogation of the Fundamental Rights are void --- Custom of vani / swara falls within the mischief of Art . 8 ( 1 ) and cannot , therefore , be practiced .

Security of person - Inviolability of dignity of man --- Scope --- Gender based violence impairs women's and girls fundamental rights , particularly their right to life and dignity .

Equality of citizens --- Full in national life - Protection of participation of minorities -- Promotion of social justice and eradication of social evils - Scope --- Constitution of Pakistan guarantees equal . rights to women and prohibits any discrimination on the basis of sex --- Principles of Policy obligate the State to take steps to ensure full participation of women in all spheres of national life and to protect the marriage , the family , the mother and the child and make provision for securing just and humane conditions of work , ensuring that children and women are not employed in vocations unsuited to their age or sex , and for maternity benefits for women in employment .