Balochistan’s Asma Jahangir

Nargis Sumalani fights a legal battle to give women the right to get appointed as tehsildar, naib tehsildar

Nargis Sumalani was married off in 2009 while she was still in school.

In Pakistan, a married person cannot attend regular classes at a secondary school and Sumalani had to study for her 10th grade exams at home.

Her in-laws and husband were, however, in favor of her getting higher education and after completing her high school, she got Bachelor of Science (BSC) and Master of Science (MSC) degrees in Chemistry from the University of Balochistan.

Sumalani wanted to continue learning and she also did Bachelor in Education (BEd) and Master in Education (MEd) from the same university. The young woman from Quetta now decided to also get an LLB degree together with her husband and later joined the legal profession.

It was her activism as a lawyer that brought her into the national spotlight.

Sumalani was the lawyer who raised her voice against the discriminatory practice of not hiring women as tehsildar and naib tehsildar in Balochistan and challenged in the Balochistan High Court (BHC) an ad of the Balochistan Public Service Commission (BPSC) that asked male candidates to apply for the posts.

Talking to Bol New, the lawyer said it was a shocking surprise for her to know that only males were eligible for the posts of tehsildar and naib tehsildar.

“I came across an advertisement in a local newspaper while I was working in my chamber. This revelation compelled me to dedicate my energies for a legal battle for the rights of women,” she said.

“I thought if women are qualified enough to be appointed as assistant commissioners and deputy commissioners then why they are barred from holding the posts of tehsildar and naib tehsildar.”

Before filing the petition, Sumalani reviewed the relevant laws and rules of other provinces.

“I got to know that there is no such gender discrimination in other provinces especially in Punjab where both male and female participants can appear in the exams for tehsildar and naib tehsildar. In Punjab, even a trans person can appear in competitive exams for the posts.”

She said the society of Khyber Pakhtunkhwa (KP) is very conservative and parts of the province have remained under the influence of Taliban but even the KP allows women to hold these posts.

Since tehsildars and naib tehsildars are employees of the Board of Revenue, she first submitted an application to a senior member of board but did not receive any response. The lawyer said it was a discouraging situation but she did not lose hope and continued her struggle to end discrimination.

Later challenging the advertisement in the BHC, she argued that the advertisement was discriminatory against women in view of Article 199 of the Constitution, which rejects all forms of discrimination.

In the petition, she argued that the terms and conditions which stops women from getting appointed as tehsildar and naib tehsildar should be declared unlawful and unconstitutional.

She also prayed that a 5% quota should be reserved for women; that they be allowed to appear in competitive examinations and that the BPSC should re-advertise the post.

“Pakistan signed the Convention on the Elimination of All forms of Discrimination against Women in 1996 and a commission was made on status of women but it isn’t established in Balochistan yet.

“If there were a commission here it would have ended the discriminatory laws itself and there wouldn’t have been any need for filing any petition by me,” she said.

After hearing her arguments, a BHC bench comprising Justice Hashim Khan Kakar and Justice Gul Hassan Khan Tareen ruled that the terms and conditions which say that only males are eligible for certain posts are unconstitutional and unlawful.

“The concerned authorities should reserve the 5% quota for women while also allowing them to apply for the post on merit. If there are no women available on quota seats, these seats should be filled with women afterwards.”

The court also advised the government to take measures against discriminatory laws and rule while also establishing the office of the Commission on the Status of Women in Quetta.

Hailing the court verdict, she described it as a big victory for the women of Balochistan “because it would increase the number of women in administrative services”.

Sumalani clarified that she did not file the petition to get appointed as a tehsildar as she liked to work as a lawyer and had no interest in taking an administrative position. “I filed the petition for all the women of the province. I am a lawyer and I love my profession.”

Personal ambition

Sumalini said now she wants to improve the healthcare system in Balochistan.

“My mother had suffered from a brain tumor for a long time but no hospital in Quetta was able to diagnose her illness. Due to this delay, she lost her eyesight and hearing ability.

“In Balochistan we have polyclinics not hospitals because hospitals provide 24 hour emergency service but here we never find any doctor on Sundays.

“So my main purpose is to establish the Balochistan Healthcare Commission which will regulate private and public hospitals in Balochistan. Such commissions are already working in other provinces of Pakistan,” she added.