The Supreme Court has ruled that a daughter’s right to pension is based on entitlement, not marital status. It stated that the timing of the divorce—whether it occurred before or after the father's death—is irrelevant to the daughter's eligibility for the pension.
Justice Ayesha Malik of the Supreme Court issued a detailed 10-page verdict, stating that a pension is a legal right of a government employee, not charity. The right to pension transfers to family members, and any delay in this is a violation. A woman’s right to pension should depend solely on financial need, not her marital status.
The Supreme Court declared void a discriminatory circular that denied pension to a divorced daughter after the father's death.
According to the Supreme Court, the Sindh Government's 2022 circular containing discriminatory conditions is illegal and unconstitutional. Despite Pakistan being a signatory to international agreements, its poor ranking in gender equality is deeply concerning.
The petitioner, Surah Fatima (a divorced daughter), had applied for the resumption of her late father's pension. The Larkana Bench of the Sindh High Court had approved her pension request. The Sindh Government challenged this decision in the Supreme Court, arguing that only daughters who were divorced at the time of their father's death are eligible for pension.
The Supreme Court rejected the Sindh Government’s appeal and upheld the Sindh High Court’s decision. The court emphasized that a pension is not charity or a handout, but a constitutional and legal right. Conditioning a daughter’s pension on her marital status violates Articles 9, 14, 25, and 27 of the Constitution.
The verdict stated that the circular is not an interpretation of the law but an unlawful insertion of a condition. The right to pension is a fundamental constitutional right, and official delays in disbursement amount to a criminal act. Denying women financial autonomy is a breach of constitutional principles. Pakistan currently ranks 148 out of 148 in global gender equality.
