SC Sides With Divorced Woman in Landmark Pension Case
The Supreme Court of Pakistan has upheld a woman’s right to receive her deceased father’s pension, rejecting an appeal filed by the Sindh government. The ruling was delivered in a landmark decision that challenged a controversial 2022 circular.
Justice Ayesha Malik, in a 10-page judgment issued on Wednesday, declared the Sindh government’s policy null and void. The ruling clarified that pension rights of a deceased government employee are not a privilege but a legal entitlement passed on to their family members. She noted that withholding these payments was not only unlawful but amounted to a denial of constitutional rights.
The case centred on a woman named Fatima, whose pension had initially been restored by the Sindh High Court. However, the provincial government contested the decision in the Supreme Court, arguing that divorced daughters were not eligible for pensions.
The apex court rejected this argument, ruling that linking pension eligibility to a woman’s marital status was discriminatory and violated Articles 9, 14, 25, and 27 of the Constitution. The judgment criticised systemic gender inequality, highlighting that Pakistan ranks near the bottom globally in terms of gender parity.
Justice Malik noted that such outdated policies not only harmed women but also undermined constitutional protections. The court reaffirmed that divorced daughters retain their rights to financial support from their deceased parents’ pensions.
Legal experts have called the ruling a significant step toward strengthening women’s rights in Pakistan, particularly in social welfare matters.
