A Comparative Analysis of Women's Citizenship Rights In Pakistan, India, and Bangladesh: Compliance With CEDAW and Patriarchal Norms

Abstract

This research investigates the effects of patriarchal systems within the nationality legislation of Pakistan, India, and Bangladesh, particularly regarding how these laws restrict women's rights to grant nationality to foreign spouses within transnational familial arrangements. Despite having a constitution with the principle of equality, all three countries’ nationality laws are discriminatory, violating gender discrimination in breach of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which provides that women and men should have equal rights in matters of nationality. The research conducts a comparative legal study regarding the existing laws of these countries, and focuses on the gaps regarding the correlation of differential treatment of women and men in the transnational transmission of nationality. The research reveals that such legislation continues to represent unfavorable and harsh social systems rooted in social orders which are male dominated, as it inflicts social and emotional suffering on women in transnational marriages. Women frequently confront dilatory bureaucratic obstacles to family reunification which results in protracted separations and struggles with fragmented identity. This research highlights the need for legal reforms in Pakistan, India, and Bangladesh in order to comply with CEDAW and remove discrimination against women concerning the right of nationality. The research advocates for amending the existing legislation to remove discrimination and harmonize with international standards.