Justice Ayesha Malik made history in Pakistan’s judicial system. Ayesha Malik was sworn in yesterday as its first female Supreme Court Judge. Chief Justice Gulzar Ahmed administered the oath to Justice Ayesha Malik in a ceremony held at the ceremonial hall of the Supreme Court.
Justice Ayesha Malik is a Harvard graduate and has served as a High Court judge for the past two decades in Lahore. She now sits on the bench alongside 16 male colleagues at Pakistan’s highest court. The path to this appointment was however not easy for her as a lack of consensus over the appointment of Justice Ayesha Malik surfaced during the JCP’s meeting on Sep 9, 2021 in which four members of the commission had opposed the proposal to elevate her, while an equal number of members supported the idea. Justice Maqbool Baqar, Justice Sardar Tariq Masood, former judge Dost Mohammad Khan and a representative of the Pakistan Bar Council (PBC), Akhtar Hussain, had opposed the idea of her appointment whereas CJP Gulzar Ahmed, Justice Umar Ata Bandial, Federal Law Minister, Barrister Dr. Farogh Naseem and Attorney General (AGP), Khalid Jawed Khan had favored Justice Ayesha Malik.
After the oath-taking ceremony the Chief Justice Gulzar Ahmed briefly interacted with the reporters where he said that Justice Ayesha Malik was competent enough to become a Supreme Court judge and that no one else but she herself deserved credit for her elevation.
Justice Ayesha Malik’s elevation to the apex court of Pakistan will pave the way for more women to enter the historically conservative and male-dominated judiciary of Pakistan and is expected to help the struggle of the women seeking justice.
Even before her appointment as Supreme Court Judge, Justice Ayesha Malik gave her landmark judgment in June 2021 and outlawed a deeply invasive two-finger test (TFT) which has been medically discredited and has no forensic value. It was being used for women with reports of sexual assault and rape. This test was a way for the investing authorities to discredit the claim of rape and sexual assault and point a finger on their character.
The women’s rights activists say that this is a landmark decision to include her in the apex court in a country where law is often actively employed against women. Renowned women’s right activist, Nighat Dad says that, “It’s a huge step forward, it is history in the making for Pakistan’s judiciary.”
Khadija Siddiqi, a lawyer and women’s rights activist who was stabbed 23 times in broad daylight by Shah Hussain and who fought her case bravely to put the culprit behind bars said, “She has broken all barriers in the judicial system and it will allow other women in the system to move forward. I hope this will lead to more women-centric decisions by the judiciary in the future.”
