Human Rights Commission of Pakistan & Others v. Province of Sindh & Another (C.P. 6265/2024)
On December 17, 2024, Law Office of Sara Malkani filed a constitutional petition on behalf of the Human Rights Commission of Pakistan (HRCP), Hari Welfare Association and women agricultural workers in Sindh calling for the implementation of the Sindh Women Agricultural Workers Act 2019.
The Sindh Women Agricultural Workers Act 2019 (2019 Act) was enacted to “provide for the recognition of women’s work in agriculture” and “to ensure their participation in decision-making and to foster empowerment through work, and to improve the health and nutrition of women agricultural workers and their children.”
It requires the Government of Sindh to take a number of measures to protect and promote the rights of women agriculture workers, including the following: registration of women agriculture workers, recognition of women agricultural workers’ unions and the establishment of the Benazir Women Support Programme that is to “provide technical and financial assistance to projects initiated by local groups of women agricultural labourers for their livelihood …”
To this date the 2019 Act remains unimplemented. Rules have not been promulgated under the Act. No mechanisms for enforcement of wage guarantees, working conditions and maternity leave have been established. The Department of Labour and Human Resources of the government of Sindh has not registered unions under the Act or set up arbitration councils. The Benazir Women Support Programme has also not been established.
The labour of women agriculture workers across Pakistan, including Sindh, provides crucial support to the agriculture sector that is a driver of Pakistan’s economy. Unfortunately, women agricultural workers lack basic labour protections and are highly vulnerable to exploitation and abuse. They are typically hired informally, routinely paid well below the legal minimum wage and are denied basic entitlements, including social security and worker compensation. Their vulnerabilities are heightened in recent years due to disruptions caused by climate change that have increased health and safety risks of women agriculture workers.
UPDATE:
On March 4 2025, the Labour Department submitted draft Rules for the implementation of the 2019 Act and stated that they have been sent to the Law Department for vetting. The Petitioners along with other stakeholders will review the draft Rules and provide input.
