The right to identity is a fundamental human right recognized globally. It allows individuals to assert their unique existence, preserving personal, familial, and social affiliations. Identity rights empower people to express themselves, pursue opportunities, and safeguard their rights in society. For women, however, this right often becomes contentious due to societal and institutional biases that impose restrictive norms. In Pakistan, the debate around a woman’s right to retain her father’s name on legal documents, such as the Computerized National Identity Card (CNIC) and passport, underscores the gendered challenges women face in preserving their identity post-marriage.
Pakistan’s Constitution provides the legal framework supporting identity rights. Article 4 of the Constitution ensures the inalienable right of every citizen to be treated in accordance with the law, without discrimination. Article 9 safeguards the right to life and liberty, which includes the right to personal identity as an integral part of human dignity. Article 25 further strengthens this right, affirming the equality of all citizens and prohibiting discrimination based on gender. These provisions establish a foundational guarantee for women to retain an identity independent of marital status.
The practice of requiring women to change their identity after marriage is deeply rooted in patriarchal norms that position men as the primary authority within families and society. This expectation typically extends to children, who are almost universally identified by their father’s name rather than their mother’s. In contrast, men retain their father’s name and identity regardless of marital status. These biases not only diminish a woman’s autonomy but also reinforce a societal view that a woman’s identity is inherently dependent on her relationship with a male guardian— initially her father, and subsequently her husband.
Retaining one’s premarital identity should be recognized as a right, rather than a privilege, allowing women to maintain continuity in personal and professional spheres without the disruption of enforced name changes. These rights are also essential for women facing marital abuse or separation, as they may wish to assert an independent identity distinct from their spouse. Furthermore, upholding women’s identity rights contributes to a more inclusive and equal society where every citizen, regardless of gender, is empowered to define their own sense of self.
The National Database and Registration Authority (NADRA) has a relatively progressive stance regarding women’s right to retain their identity post-marriage. NADRA policies allow married women to retain their father’s name on their Computerized National Identity Cards (CNICs), which respects a woman’s right to self-identity regardless of marital status. This policy affirms that marriage does not fundamentally alter a woman’s personal identity, especially regarding her parentage.
In contrast, the Passport Office’s policies reflect a more outdated, gender-biased approach. It still requires that women’s passports reflect marital status by adding their husband’s name after marriage. This inconsistency creates additional bureaucratic and emotional burdens for women, who are compelled to conform to a policy that compromises their right to retain their identity. Such requirements are not equally imposed on men, highlighting an entrenched gender bias that diminishes women’s autonomy in official documentation.
A coherent, gender-neutral approach to identity verification, one that respects women’s rights to identity is essential. Immediate reforms are necessary to eliminate these discriminatory practices and to harmonize policies across government departments, ensuring that all Pakistani citizens are treated with equal respect and dignity.
Barrister Khadija Bokhari was the first to challenge this issue in Pakistan in her case titled, Barrister Khadija Bokhari vs. Government of Pakistan before the Lahore High Court. She disputes the Passport Office’s policy that unfairly places the burden of proving marital status on women. The Ministry of Interior’s response has been troubling, as it defends this policy by citing concerns about inheritance issues and child trafficking. This reasoning, however, does not address the core issues and is based on assumptions about women’s credibility, implying they are inherently untrustworthy or unable to establish family legitimacy. The Ministry’s stance perpetuates stereotypes and unjustly imposes a verification requirement on women without any corresponding obligation on men.
Following Bokhari’s case, in another similar legal challenge by Mehrbano Langrial v. Government of Pakistan before the Lahore High Court, Langrial challenged the Passport Office’s discriminatory policy when she was initially refused a passport for her child due to the fact that her passport lacked her husband’s name post-marriage. Although her child’s passport was ultimately issued, she pursued the matter in court to seek systemic change.
On June 3, 2024, Justice Hafeez of Lahore High Court ruled in Langrial’s favor, declaring the passport policy discriminatory and directing the government to amend it within three months. However, despite the favorable ruling, the deadline of three months has long passed without any policy change or follow-up action from the government, reflecting the State’s reluctance to prioritize gender equality in policy implementation. On the other hand, Bokhari’s case continues to remain pending before Lahore High Court for the past two years with no decision in sight.
To address the systemic issues surrounding women’s right to identity in Pakistan, comprehensive reforms are essential. The government must harmonize policies across NADRA and the Passport Office to ensure consistency in upholding women’s identity rights, allowing them to retain their premarital name and familial affiliation without discrimination. Legal provisions should be introduced or strengthened to explicitly protect the right to identity irrespective of marital status, while public awareness campaigns should challenge patriarchal norms that diminish women’s autonomy. Furthermore, implementing the Lahore High Court’s rulings with urgency and monitoring compliance will demonstrate a commitment to gender equality. Lastly, training for officials in gender-sensitive practices and revising procedural requirements for documentation will reduce bureaucratic barriers and ensure that women can exercise their constitutional rights to identity and dignity without hindrance.
The right to identity is foundational to personal dignity and equality. While Pakistan’s Constitution and various legal frameworks ostensibly support this right, systemic contradictions and policy gaps highlight the challenges faced by women seeking to exercise it. Furthermore, the policies highlight the pervasive gender discrimination in Pakistan’s identity verification policies, particularly within the Passport Office. Women in Pakistan should not bear the burden of proving their marital status or verifying their family relationships, especially when men are exempt from these requirements. Moreover, the inconsistency between NADRA and Passport Office policies only exacerbates the issue, creating unnecessary challenges for women attempting to navigate bureaucratic systems. The Pakistani government must recognize that these policies not only infringe upon women’s right to identity but also violate constitutional guarantees of equality and non-discrimination.
A coherent, gender-neutral approach to identity verification, one that respects women’s rights to identity is essential. Immediate reforms are necessary to eliminate these discriminatory practices and to harmonize policies across government departments, ensuring that all Pakistani citizens are treated with equal respect and dignity.
