ISLAMABAD: The Supreme Court of Pakistan has declared that divorced daughters are entitled to their deceased father’s pension, striking down a Sindh government circular that denied such rights. The ruling, issued by Justice Ayesha Malik, emphasized that denying pension to a divorced daughter based on her marital status is unconstitutional and discriminatory.
The court’s 10-page judgment, which dismissed the Sindh government’s appeal, stated that the circular was void and had no legal effect. It further clarified that the timing of a pensioner’s death could not be used to revoke a surviving daughter’s right to claim pension.
In the ruling, the division bench, led by Justice Muhammad Ali Mazhar, expressed concern over the continued dependence of pension eligibility on a daughter’s marital status. The court criticized this bias, noting that it perpetuates a stereotype that treats women as dependents, assuming that financial stability is guaranteed by marriage.
Justice Malik pointed out that this assumption disregards the realities of many women, both married and unmarried, who may be in need of financial support. She highlighted the need for a more individualized and needs-based approach to determining eligibility for pension benefits, which should not be based on outdated patriarchal notions.
The court emphasized that the constitutional rights of women must be respected, and their eligibility for economic entitlements, including pensions, should be determined on the basis of need rather than marital status. This ruling affirms Pakistan’s obligations under international law, ensuring that women are not denied access to their rightful entitlements based solely on their marital condition.
