13/05/2026
♦️ *خواتین کو ہتھکڑی نہیں لگائی جائے گی:*♦️ ⚖️
*1۔ 2018 LHC 371 حکم*
*"محترمہ بختاور بمقابلہ صوبہ پنجاب"* کیس میں لاہور ہائی کورٹ نے خواتین ملزمان کے ساتھ سلوک کے بارے میں ایک قطعی موقف فراہم کیا۔
♦️*Women shall not be Handcuffed:*♦️ ⚖️
📍*2018 LHC 371* ⚖️
📌*Police Rules 1934*
*1. The 2018 LHC 371 Ruling*
In the case of *"Mst. Bakhtawar vs. Province of Punjab,"* the Lahore High Court provided a definitive stance on the treatment of female accused individuals.
*The Mandate:*
The court held that a woman should not be handcuffed unless she is a desperate criminal, involved in a heinous crime, or there is a serious apprehension that she will escape or commit self-harm.
*The Philosophy:*
The ruling emphasizes Article 14 of the Constitution of Pakistan, which guarantees the "Inviolability of dignity of man" (and woman). Handcuffing a woman unnecessarily is seen as an act of humiliation and a violation of fundamental rights.
*Judicial Oversight:*
If the police deem handcuffs necessary, they must record the specific reasons in the Zimni (case diary) and justify it before a magistrate.
* # # 2. Police Rules, 1934*
The *Police Rules of 1934* (specifically Chapter XXVI) provide the operational guidelines for arrests. While these rules were drafted in the colonial era, they are interpreted today through the lens of modern human rights.
*Rule 26.2:*
General principles state that handcuffs should only be used if there is a reasonable expectation of violence or escape.
*Rule 26.7:*
Explicitly addresses the "Handcuffing of females." It mandates that women should not be handcuffed unless they are charged with a non-bailable offense and have a history of violent behavior or escape. Even then, the officer must show that no other means of restraint (like a female police es**rt) would suffice.
* # # 3. Key Legal Protections for Women*
Beyond handcuffs, the law provides several other protections during the arrest of a woman:
*Summary Note Conclusion* The law treats handcuffing as an exception, not the rule. For women, the threshold for this exception is significantly higher. Any police officer violating these protocols can be held liable for "misconduct" and "contempt of court" under the guidelines set by the 2018 LHC judgment.
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