ISLAMABAD: In a landmark ruling, the Supreme Court of Pakistan on Wednesday declared that a divorced daughter is entitled to receive her deceased father’s pension, emphasizing that pension rights should be based on entitlement—not marital status.
Justice Ayesha Malik issued a 10-page written verdict, stating that pension is a legal right of a government employee and not a form of charity. “Women’s access to pension should be determined by financial need, not their marital condition,” the court ruled.
The Supreme Court nullified a discriminatory 2022 circular issued by the Sindh government that denied pension benefits to divorced daughters. The court found the circular unconstitutional, labeling it as discriminatory and contrary to Pakistan’s own laws and international commitments to gender equality.
The case was brought forward by a divorced daughter who had applied to resume receiving her late father’s pension. Her request was initially approved by the Larkana Bench of the Sindh High Court. However, the Sindh government challenged the decision in the Supreme Court.
Dismissing the Sindh government’s appeal, the apex court upheld the High Court’s ruling and declared that making a daughter’s pension conditional upon her marital status violates Articles 9, 14, 25, and 27 of the Constitution of Pakistan.
“Pension is not a favor or charity—it is a constitutional and legal right,” the court emphasized.
The verdict also criticized the practice of excluding women from financial independence, terming it a violation of constitutional principles.
“Adding unlawful conditions in circulars does not constitute legal interpretation,” the judgment stated. It further held that the state delays in processing pensions may amount to criminal negligence.
The Supreme Court expressed deep concern over Pakistan’s dismal global ranking on gender equality, observing that the country ranks 148 out of 148 in international indices for gender parity.
