In a significant judgment, the Supreme Court of Pakistan has ruled that a divorced woman has the legal right to receive her late father’s pension, dismissing an appeal by the Sindh government.
Justice Ayesha Malik authored the 10-page verdict, in which she declared that the 2022 circular issued by the Sindh government was discriminatory and unconstitutional. The court stated that pensions are not privileges but legal rights extended to the families of deceased government employees.
The court found that denying pension to a government employee’s daughter based on her marital status was in direct violation of several constitutional provisions, including the right to dignity and equality.
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The ruling came in the case of Fatima, a divorced woman whose pension had been reinstated by the Sindh High Court. The provincial government had challenged that decision in the Supreme Court, claiming that only unmarried daughters were eligible for pension benefits.
Justice Malik’s verdict rejected this claim, stating that marital status should not be used to restrict access to financial rights. She also expressed concern over Pakistan’s low global ranking in gender equality, calling for stronger efforts to protect women’s legal and economic rights.
The Supreme Court’s ruling is likely to serve as a precedent in similar cases, and it has been welcomed by human rights activists and legal experts as a progressive step.