international commitments. Furthermore, the Court highlighted that
the provisions were in conflict with the teachings of the Quran and
Sunnah.18 In its judgment, the Court called upon the President to
take appropriate measures for the amendment of Section 10(2) and
related provisions of the Pakistan Citizenship Act. It urged for swift
action within a stipulated time frame of six months to rectify the
discriminatory nature of the law. Specifically, the Court emphasized
the necessity of providing a fair and equitable procedure for granting
Pakistani nationality to foreign husbands of Pakistani women.19
A decade later in 2016, the Lahore High Court also addressed the
issue of citizenship denial to a foreign national married to a Pakistani
woman within the context of Article 25 of the Constitution. While the
Court acknowledged that Article 25 permits classification of
individuals, provided that those in similar circumstances are treated
equally, it found that the denial of citizenship to a foreign national
with a Pakistani wife lacked a rational basis and appeared arbitrary.20
The Court scrutinized the classification based on marital status and
concluded that it did not serve any legitimate objective, nor did it
align with the principles of equality enshrined in the Constitution.
Accordingly, the Court directed to grant citizenship to the husband
of the petitioner as per procedure and stated that denying this right
under Section 10(2) of the Citizenship Act is declared as
discriminatory and in violation of Article 25 of the Constitution of
Islamic Republic of Pakistan, 1973. The judgment reiterates that the
Constitution of Pakistan expressly prohibits gender discrimination,
thereby nullifying any justification for differential treatment based on
gender within the realm of citizenship laws.21
The Peshawar High Court, relying on earlier judgments against the
discrimination of Section 10(2) of the Pakistan Citizenship Act, has
directed for the issuance of Pakistan Origin Cards (POC) to foreign
spouses (including Afghan refugees) of Pakistani women seeking
18
Suo Moto Case No. 1/K [2006] PLD 2008 FSC 1.
Ibid.
20
Mrs Rukhsana Bibi v. Government of Pakistan [2016] PLD 857 (Lahore).
21
Ibid.
19
11