Citizenship and unmarried certificate in Pakistan:
Citizenship and unmarried certificate in Pakistan is the very basis of all rights to nationality. If legislation in this area suffers serious neglect and is wholly discriminatory, the rights of women cannot ever be respected. Consequently, it is of particular concern to this Commission that the Pakistan Citizenship Act, 1951, contains examples of both conscious and subconscious discrimination against women. The second flowing simply from embedded habit, unmindful of implications. First, section 5 is prima facie discriminatory: Citizenship by descent: Subject to the provisions of section 3 a person born after the commencement of this Act, shall be a citizen of Pakistan by descent if his father is a citizen of Pakistan at the time of his birth and have right to unmarried certificate in Pakistan. Thus, according to this section, only children born to a Pakistani father and a foreign mother can acquire citizenship by descent. Children born to a Pakistani mother and a foreign father cannot. This is prejudicial to women.
Granting of Citizenship to the Foreign Wife of a Pakistani Citizen:
Similarly, section 10(2) expressly provides for the granting of citizenship to the foreign wife of a Pakistani citizen: Subject to the provisions of sub-section (1) and sub-section (4) a woman who has been married to a citizen of Pakistan or to a person who but for his death would have been a citizen of Pakistan under section 3, 4, or 5 shall be entitled, on making application therefore to the Federal Government in the prescribed manner, and, if she is an alien, on obtaining a unmarried certificate in Pakistan & certificate of domicile and taking the oath of allegiance in the form set out in the Schedule to this Act, to be registered as a citizen of Pakistan...The section, however, is discriminatory because it provides no parallel facility to a female citizen of Pakistan who marries a non-Pakistani national Pakistan Citizenship Act, 1951, which requires amendments not only to end discrimination but also to accept women as equal citizens capable of holding all offices of State.
Getting the Citizenship in the Foreign:
The provisions of this Act discriminate against female Pakistani citizens who are married to non-Pakistani husbands, for acquiring citizenship by descent, for their children. Similarly, under the Act, the wife of a Pakistani can apply for citizenship but the reverse is not permitted. The Commission expresses deep concern over the fact that even though this simple change which is not controversial in any way has been sought for decades, and even though it would bring this otherwise discriminatory law in line with the Constitution, there has been an absolute lack of political will to make this amendment, Indeed, it is precisely this kind of inaction which makes the members of this Commission worry about the fate of their report.
Law for Getting Citizenship:
The Commission would also like to use discriminate nation implicit in our laws are worded borders on the absurd. Consider, for example, the legislature's unstatole my conviction that a woman cannot possibly be a foreign ambassador, or for that matter, an enemy alien. Thus section 4 of the Act states person born in Pakistan after the commencement of this Act shall be a citizen of Pakistan by birth provided that a person shall not be such a citizen by this section it at the time of his birth’s father possesses such immunity from suit for unmarried certificate in Pakistan and legal process as is accorded to an envoy external sovereign power accredited in Pakistan and is not a citizen of Pakistan, or not is an enemy alien and the birth occurs in a place then under occupation by the enemy.
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