Pakistan’s Supreme Court has decisively ruled that a daughter is entitled to her late father’s pension based on her legal rights, not her marital status. This landmark verdict supports divorced daughters and was delivered in a comprehensive 10-page statement by Justice Ayesha Malik.
She stressed the significance of recognizing a government employee’s pension as a lawful entitlement rather than a charitable gesture, and argued that the determination of a woman’s pension should be driven by her financial needs rather than her marital condition.
In overturning a 2022 Sindh government circular, the court deemed the denial of pensions to divorced daughters discriminatory and unconstitutional, while also expressing grave concern over Pakistan’s disquieting global gender equality ranking.
Initiated by a divorced daughter seeking the continuation of her deceased father’s pension, this case had previously gained affirmation by the Larkana Bench of the Sindh High Court. This verdict was subsequently contested by the Sindh government in the Supreme Court.
The Supreme Court’s rejection of the appeal solidified the High Court’s ruling, emphasizing that pension eligibility is a fundamental constitutional and legal right, and that associating it with marital status constitutes a breach of Articles 9, 14, 25, and 27 of the Constitution.
The ruling also condemned the practice of government circulars that impose unlawful restrictions, highlighting that withholding rightful pensions is a form of injustice. Furthermore, the court criticized the systemic failure to acknowledge women as financially independent, considering it a violation of constitutional principles.