From Paper to Practice: How Grassroots Norms Undermine Gender Rights in Pakistan

Gender inequality remains a significant human rights issue in Pakistan, especially in rural areas where cultural norms frequently take precedence over national laws and international agreements. To explore the gap between the implementation of regulations regarding human rights in practice and local norms, this paper investigates the long-standing practice of Vani, a form of child marriage used to settle tribal disputes in rural Sindh, as a case study. The Child Marriage Restriction Act (1929, amended 2014) and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW, 1979) have been ratified by Pakistan. However, community dispute resolution, patriarchal values, and weak enforcement undermine these legal regulations (Human Rights Commission of Pakistan [HRCP], 2020). 

The article argues that the persistence of harmful marriage customs shows the inability of human rights law to address actual issues faced by women and girls. There are other obstacles, such as the influence of tribes, lack of institutional support, and legal illiteracy. It suggests the solution lies in a rights-based strategy to better incorporate gender equality into law and practice, through education, community awareness, and structural changes. 

Introduction

Gender inequality is a major barrier to social and economic development, and a violation of human rights (World Bank, 2020). The enforcement of gender rights is limited in many contexts, particularly in areas where cultural and social norms significantly influence daily life (UN Women, 2023). A striking example of the gap between official human rights commitment and reality is Pakistan, a signatory to agreements such as the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW, 1979).

Pakistan has strong laws against discrimination and gender-based violence, but they frequently fail, particularly in areas like Sindh where traditional customs are strong (Human Rights Watch, 2022). Vani is still practiced, which is harmful to girls as they are forced into marriage as a form of resolving conflicts between families or tribes, usually caused by deeply ingrained patriarchal norms in these communities (Human Rights Commission of Pakistan [HRCP], 2020). This practice violates fundamental rights like consent, physical autonomy, and freedom from violence, and the Child Marriage Restriction Act (1929, amended 2014). 

The continuation of such customs shows a fundamental problem: the limited impact of national and international legal frameworks when they conflict with regional customs and country-specific normative values. In practice, the implementation of laws hasn’t been strong enough to end discriminatory practices embedded in cultural views of gender roles and family honor. It is a key step to strengthen the link between policy frameworks and social contexts in which gender inequality exists. This article uses a case study of Vani marriages in rural Sindh to explore the relationship between human rights law and local social norms. The research question to be answered is “How do customary practices in rural Pakistan undermine national and international commitments to women’s rights?”. The institutional shortcomings, cultural obstacles, and potential future directions for significant social change are examined in this article. 

Background and Human Rights Framework

The international community recognizes gender inequality as a key human rights concern, especially in the case of child marriages. Child marriage is defined by the United Nations Convention on the Rights of the Child (CRC, 1989) as marriage involving a person under 18, which is coercive and harmful (UNICEF, 2018). Forced marriages, including practices like Vani, violate several fundamental rights, among which are the right to autonomy, education, health, and protection from violence. Such marriages affect girls in different ways, reinforcing a cycle of poverty, poor health, and limited socio-economic opportunities (UNICEF, 2018). 

Pakistan joined a number of human rights treaties aimed at ending these practices by ratifying the Convention on the Elimination of All Manifestations of Discrimination Against Women (CEDAW) in 1996 (CEDAW, 1979). In addition, it committed to safeguarding children from harmful customs, guaranteeing their rights to education and well-being when it ratified the CRC in 1990 (UN General Assembly, 1989).

Pakistan’s Constitution ensures gender equality on paper and prohibits discrimination based on sex (Constitution of Pakistan, Article 25). The marriage of underage individuals in the Sindh Province is further prohibited by more specific laws, including the Child Marriage Restriction Act  (1929, revised 2014) (Government of Sindh, 2014). Despite these legal frameworks, cultural norms, and insufficient law enforcement leads to the continuation of harmful practices like Vani(Human Rights Commission of Pakistan [HRCP], 2020). 

The concepts of human rights due diligence, as set out in the United Nations Guiding Principles on Business and Human Rights, can be used to examine Pakistan’s application of human rights law in practice. Human rights due diligence applies to governmental acts, even though its previous use has been for businesses. It comprises proactive detection, avoidance, and correction of human rights violations (Ruggie, 2011). To fully address detrimental social behaviours in Pakistan, a due diligence strategy would require both legislative prohibitions and government initiatives, such as victim support services, law enforcement training, and community education. 

Furthermore, a more comprehensive understanding of normative transformation is essential to addressing gender disparities. The United Nations Development Programme (UNDP) emphasizes that community involvement and education programs are necessary to shift norms, which are unwritten standards guiding behaviour (UNDP, 2022). Programs that actively involve local leadership and aim to change community views on marriage, gender roles, and honor have been successful in shifting negative norms (UN Women, 2023).

Therefore, although there are legal regulations on paper, the continuation of child marriage and Vani in rural Sindh demonstrates the limitations of relying solely on top-down legislative approaches. There is a need for holistic strategies that engage local communities, educational efforts, and institutional factors to enforce existing laws. Moving beyond legalistic techniques and implementing multidimensional solutions influenced by social scientific research, local cultural practices, and rights-based advocacy is necessary to close the gap between human rights policies and local problems. 

Local Norms and the Practice of Vani

In rural Sindh, Pakistan, there is a clear example of a significant disparity between official human rights safeguards and local realities – that is, the Vani practice, an ingrained custom that involves forcing young girls into marriage as restitution for resolving conflicts (Human Rights Commission of Pakistan [HRCP], 2020). Despite the existence of national and international legal measures, Vani persists mainly due to deeply rooted patriarchal norms. 

In tribal and rural areas, where institutional regimes and legal frameworks are either ineffective, inaccessible, or seen as corrupt and prejudiced against regional customs, the Vani tradition remains common (HRCP, 2020). Families often engaged in conflict, over matters like honor, murder, and property disputes, may decide to offer girls as a peaceful way to settle the dispute. These girls can be as young as five or six years old, which is very concerning. Influential community elders or jirgas (tribal councils) typically facilitate these agreements, as their rulings are considered legally binding because of their respect and authority (Shah, 2017).

Local traditional views about gender norms and family honor are a major part of Vani. Women and girls are seen as representatives of family legacy, and the maintenance of the family’s and community’s reputation takes precedence over their autonomy and rights (Ali, T. S., Ali, S. S., Nadeem, S., et al., 2022). The rights and welfare of women and girls are subordinated to male authority and family honor under the patriarchal norms. It is necessary to tackle these underlying cultural norms to challenge Vani and similar behaviours. 

The serious human rights abuses that are part of Vani marriages are clearly shown by documented incidents. Such an incident in Sindh involved the forced marriage of a 12-year-old girl to a 45-year-old man to settle a family conflict around property rights (HRCP, 2020). At first, enforcement officials were reluctant to be involved despite public outrage and media coverage, as they were concerned about community reaction and the influence of local elders. The authorities only took action after persistent pressure from NGOs and human rights campaigns, exposing both institutional problems and cultural obstacles to law enforcement. 

Furthermore, girls involved in Vani weddings frequently suffer from severe physical and psychological issues as a result. Young girls often face violence, exploitation, and emotional trauma. The child brides lack access to education, which perpetuates cycles of marginalization and poverty (Leigh et al., 2020). The practice contributes to broader societal injustices and violations of human rights. 

The change is possible yet difficult, as demonstrated by the previous efforts to prevent this issue. Organizations such as Aurat Foundation and Human Rights Commission of Pakistan have started advocacy campaigns, legal aid services, and community education initiatives, with the focus on community elders, religious leaders, and local officials (Aurat Foundation, 2014).  These initiatives place a strong emphasis on legal literacy, human rights education, and the socioeconomic advantages of the protection of autonomy and rights of girls. The aim is to foster bottom-up change and alter the community perception by proving there are alternatives to resolve disputes without the need to sacrifice the rights and lives of women and girls. 

Institutional and Policy Challenges

There are significant institutional and policy-level challenges that limit the successful implementation of gender rights, particularly in the case of early and forced marriages under the Vani practice. The gap between enforcement procedures and policy frameworks exposes systemic issues and a strong adherence to patriarchal standards. 

Inadequate Enforcement of Existing Laws

The Child Marriage Restraint Act (CMRA), particularly in provinces like Sindh (with a minimum marriage age of 18), provides legal protection against child marriage. Enforcement is weak due to several factors, including a lack of police responsiveness, minimal community reporting, and low conviction rates (UNICEF, 2018). Due to local political pressures or similar cultural tendencies among Vani-practicing communities, public officers frequently either lack knowledge or are reluctant to take proper action (HRCP, 2021).

A 2020 report by the Human Rights Commission of Pakistan states that very few Vani-related cases ever proceed to prosecution, with many disputes resolved outside the formal justice system through tribal jirgas: informal councils of elders that often mandate Vani as a legitimate form of dispute resolution (HRCP, 2020). The result is a parallel justice system, as tribal norms take priority over constitutional law.

Role of Jirgas and Customary Institutions

One of the biggest challenges to the state’s ability to address violations of gender-based rights is the existence and social legitimacy of jirgas. Particularly in rural and semi-urban areas where formal judicial applicability is constrained, these bodies often function with state tolerance (National Commission on the Status of Women, 2017).  Jirgas frequently prioritize tribe unity and honor over human rights, which perpetuates the cycle of women and girls exploitation as the solution for family conflicts. 

Despite a 2004 Supreme Court of Pakistan ruling that prohibited such rights-violating practices, jirgas have replaced the legitimacy of formal institutions through their ongoing operations with local and often police permission (National Commission on the Status of Women, 2017).  As these unlawful activities are resistant to criticism and change, this dual system helps to normalize the situation. 

Gaps in Policy Coordination and Political Will

The federal and provincial responsibilities at the policy level are poorly coordinated, and the structure is fragmented. Despite provincial control over family law, national and international commitments such as CEDAW require a coordinated, strategic approach to address harmful gender practices. In this regard, Pakistan does not have a unified national policy to implement the recommendations of CEDAW or monitor violations of gender-based human rights (UN Women, 2023).

It is also worrisome to see the lack of political will to challenge gender norms. Legislative attempts to criminalize Vani practice and ensure legal uniformity faced major backlash from religious and tribal groups. An example of this case is the 2016 Criminal Law (Amendment) Act; to favor conservative groups, it made certain acts illegal, including Vani, which was weakened during parliamentary debate. As a result, it had little effect on enforcement (Human Rights Commission of Pakistan, 2017).

Limited Resources and Gender Sensitivity in Public Institutions

The underlying weaknesses of governance and education limit the prevention of the issue. There are few mechanisms for judges, police, and civil servants to learn how to deal with gender-based violence and to recognize cultural dynamics in the case of early and forced marriage (UN Women Pakistan, 2020). Despite their existence, child protection units are underfunded and frequently inaccessible to rural women. 

The absence of victim support systems, such as safe shelters, legal aid services, and psychosocial support, limits the extent to which survivors can seek justice and institutional help. The lack of mechanisms reinforces the view that relying on state institutions is unbeneficial and detrimental at worst. 

Impunity and the Failure of Legal Precedent

Even in cases where laws are invoked and perpetrators prosecuted, results are inconsistent. Courts often issue lenient sentences or dismiss cases for lack of evidence, an issue exacerbated by societal reluctance to testify against family or community members (Amnesty International, 2021). Furthermore, without reliable data collection or a centralized system for tracking Vani-related cases, cases go undocumented, making policy interventions difficult to design or evaluate.

In addition to undermining public confidence in the formal justice system, this cycle of impunity contributes to the widespread view that practices like Vani cannot possibly be reduced through the law, reinforcing a culture of silence, forced compliance, tacit consent, and self-censorship. ​​

Efforts Toward Change 

There are continuous initiatives in Pakistan to prevent forced and early marriage and to challenge customs such as Vani, despite ingrained patriarchal norms and institutional inertia. These include grassroots local movements, global collaborations, demonstrating that while progress is not uniform, change is possible when community involvement and legal reforms are consistent with a human rights framework. 

Grassroots Activism and Local Resistance

In addition to helping victims, local women’s rights organizations have been instrumental in raising awareness around these harmful cultural practices. NGOs like Bedari and Aurat Foundation have established survivor support networks, legal aid initiatives, and community campaigns in the regions most impacted by child marriages and Vani (Bedari 2022., Aurat Foundation). The aim is to also promote a constructive and inclusive discourse that reinterprets cultural and religious norms in a way that upholds human rights, with the collaboration of local leaders, religious experts, and educators. 

Bedari’s community-based awareness program in rural Punjab is a noteworthy example. It uses radio broadcasts and stage performances to educate individuals about legal rights and the dangers of early marriage (Bedari, 2022). These initiatives have been successful in changing perceptions, especially among younger people. 

On the other hand, resistance led by women is also increasing; Vani survivors have started to speak out about their experiences, question the legitimacy of jirgas, and call for government action. Their stories are being shared in the national media, despite the risk of social ostracism. This helps prevent the silence spiral, which allows human rights abuses to exist and continue. 

Legal and Judicial Reforms

Several legislative reforms demonstrate the growing awareness of the need to improve Pakistan’s laws to better comply with international human rights standards. The practice of giving a girl in marriage (e.g., “vani”, “swara” or “badal-e-sulh”) to settle disputes was made illegal by the Prevention of Anti-Women Practices (Criminal Law Amendment) Act 2011; anyone who gives a female in such an arrangement is punishable with imprisonment of three to seven years and a fine (Government of Pakistan, 2011). The enforcement remains uneven, but the law provides a legal basis for accountability.

Legal advocacy organizations have also filed public interest lawsuits to improve the judiciary’s ability to prevent child marriage. For example, despite religious or family objections, the Federal Shariat Court upheld the Sindh Child Marriage Restraint Act, 2013, and ruled it “not against the injunctions of Islam” (Tanoli, 2023). Another example of an institutional shift toward more specialized children’s rights is the creation of child protection courts in certain provinces, which are supported by UNICEF and the Ministry of Human Rights.

International Advocacy and Development Cooperation

Programs to end child marriage have benefited greatly from the financial and technical assistance of international organizations, including UNICEF, UN Women, and Girls Not Brides. These actors support a rights-based strategy that incorporates girls’ legal protection, health care, and education. In order to tackle the problem, the Pakistani government joined the UNFPA-UNICEF Global Programme to End Child Marriage in 2021 (Leigh et al., 2020).

One successful result of this international engagement has been the Girls’ Education and Women’s Empowerment Programme in Sindh and Balochistan, funded by the UK’s Foreign, Commonwealth and Development Office (FCDO)(Girls Education Challenge, 2022). This initiative has supported thousands of girls to stay in school and delayed the average age of marriage. Research consistently shows that education is one of the most effective deterrents to child marriage, marking these investments as key factors. 

Additionally, Pakistan has been under pressure to increase compliance through international human rights reporting institutions. The Committee on the Elimination of Discrimination against Women (CEDAW) has repeatedly raised concerns about early marriage and Vani in its periodic reviews of Pakistan, urging the state to improve its enforcement system, data collection, and prioritize gender equality (CEDAW, 2020).

Engaging Religious Leaders and Men

The engagement with religious leaders and male allies has been one of the more unique ways to reduce the negative impact of the Vani practice. Child marriage is frequently justified by misinterpretations of Islamic beliefs, although progressive religious authorities are against this practice.

It becomes important for boys and men to be part of these preventative initiatives. Organizations such as MenEngage Pakistan have implemented programs that engage men and boys as partners in promoting gender equality and transforming harmful masculinities (MenEngage). In addition, Aurat Foundation implemented projects such as Creating Space, cooperating with local community leaders (including religious and political leaders) to reduce early and forced child marriages and support those women affected to access support services (Aurat Foundation). Through awareness campaigns and advocacy, the network encourages male leaders to challenge harmful gender norms and support women’s rights. These initiatives support more inclusive and successful social change by presenting male support as part of the solution. 

Future Action 

A multifaceted, rights-based strategy is necessary to address long-standing practices like Vani. In addition to institutional and legal reforms, effective policy must include social and cultural change that is based on local context. In order to close the gap between policy and practice, a bottom-up shift in incentives, power dynamics, and beliefs becomes crucial for a long-lasting solution. The government can start to eliminate unwritten conventions that threaten the rights of women and girls by implementing a comprehensive, rights-based framework, with community involvement, legal reform, and behavioral insights, to solve the very grassroots foundation of the issue. The number of recommendations is listed below. 

Strengthen Local Partnerships and Community Engagement

Collaboration with NGOs, local activists, women’s groups, and community elders is crucial to bridge the gap between law and practice. The variety of actors holds trust of local communities and can facilitate dialogue on gender rights within acceptable frameworks. These initiatives should not be only symbolic participation, to ensure the authority of informal systems like jirgas does not override the enforcement of law. The programs can emphasize the importance of new social norms that promote women’s dignity and autonomy, with capacity building for local leaders. 

Draw Lessons from Regional Best Practices

There are several countries worldwide that face similar challenges; examples from Nepal’s initiative to end chhaupadi practices, Bangladesh’s community-based campaigns against child marriage, demonstrate entrenched traditions can be reduced and reformed when legal enforcement is combined with education and social dialogue (UN Women, 2017,. UN Bangladesh, 2024). Pakistan can draw on these practices to design programs and policies that respect local values while promoting women’s rights. 

Expand the Role of State and Institutional Actors

The state’s role in implementing programs is a key aspect, but it often centers on funding community programs, and a proactive approach is required. Government institutions such as the Ministry of Human Rights, Council of Islamic Ideology, and social welfare departments should lead in monitoring, enforcing laws against forced marriage, and promoting gender-sensitive regulations. Partnerships with international donors can strengthen local capacity while ensuring accountability.

Mitigate Political and Social Backlash

The reform of long-standing patriarchal systems often faces resistance that needs to be mitigated. The reforms should be framed as part of improving social justice, family integrity, and community well-being. It is especially important to reframe women’s rights as a fundamental human right that is compatible with Islamic and cultural values, through educational campaigns, religious dialogue, and inclusive policymaking. In this process, building support from male allies and respected figures can reduce the opposition and enforce sustainable regulations. 

Conclusion

The persistence of Vani in rural Sindh showcases the way norms can undermine national and international commitment to women’s rights. Despite Pakistan’s ratification of key international treaties such as CEDAW and the existence of domestic legislation prohibiting child and forced marriage, social customs rooted in patriarchal norms lead to harmful practices. This inconsistency between formal law and informal practice shows a systemic problem, as laws remain mostly symbolic when they are not upheld by the general public or successfully implemented.

Throughout this article, it is clear that Vani emerges from a complex interconnection between cultural and gendered power dynamics. Although national institutions may be recognizing such practices, their ability or incentive to intervene is often limited by factors such as political interests, resource constraints, and fear of community response. Global actors and NGOs offering funding, advocacy, and monitoring must be careful to prevent enforcing top-down solutions that alienate communities and increase opposition. The effective change needs continued action with the help of local actors, especially women’s rights groups, since they understand the issue and its key aspects more comprehensively. 

The Vani case study illustrates a challenge in translating human rights from paper to practice. If legal protections are not upheld and community norms place tradition above women’s rights, human rights violations will continue. The solution demands more than policy reform; there is a need for the transformation of underlying social values. 

The real gender equality and justice in Pakistan and in the world will be achieved with both laws and the rejection of harmful practices by the community, when girls are seen and valued as holders of their rights, not as mere repositories of family honor without autonomy. This gap seen in Pakistan is a challenge for the present and future. 

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