ISLAMABAD: Pakistan’s top court on Wednesday ruled that divorced daughters are entitled to their father’s pension irrespective of whether their divorce occurred before or after his death, calling for a review of pension regulations that it said were built on patriarchal assumptions and negative stereotypes about women.
The 10-page verdict was authored by Justice Ayesha Malik, who upheld a Sindh High Court ruling in favor of a woman named Sorath Fatima, the daughter of a deceased employee of Sindh’s Road and Transport Department. After Fatima’s father passed away in 2002, her mother received his pension until she also died in 2012.
As an unmarried daughter, Fatima initially received the pension, which was ceased by the provincial government after she got married. However, following her divorce in August 2022, Fatima requested the resumption of the pension, which was rejected by the Sindh government. It issued a circular that stated that a daughter who got divorced after her father’s demise is not entitled to his pension. Fatima challenged the decision at the Larkana bench of the Sindh High Court, which ruled in her favor.
The Sindh government challenged the high court’s decision at the Supreme Court, which dismissed the appeal and said that a divorced daughter’s right to pension is not dependent on the timing of her divorce.
“We find that the [Sindh government’s] circular, which imposes restrictions unsupported by the Act or the Rules, is void ab initio, unconstitutional, and of no legal effect,” the judgment read.
It added that the timing of the pensioner’s death cannot lawfully be used to extinguish a surviving daughter’s right to claim the pension.
“Accordingly, this civil petition, having no force, is dismissed and leave refused,” the verdict read.
The judgment said it is deeply concerning, in the context of family pension, that the admissibility of pension to a surviving daughter continues to depend entirely on her marital status.
The judgment added that this dependency model revealed that there was a systematic bias that treats a daughter as a dependent, with her financial dependency shifting from parent to spouse.
“This assumption not only perpetuates the stereotypical mindset about women being dependent members within the family structure but also fails to recognize women as individuals or autonomous individuals who may have the capacity to be financially independent,” the judgment read.
The verdict added that women have independent rights and are autonomous and should be entitled to family pension where financial needs are established.
The court said as a party to the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), Pakistan is required to abolish discriminatory laws and practices that impair women’s enjoyment of rights on an equal footing with men.
The Supreme Court noted that it was important to revisit the law surrounding pensions in Pakistan.
“The Rules should be reconsidered to remove marital status as a condition for entitlement,” it said. “What we require is a need-based and dignity-affirming framework,” the judgment added.
‘COMMENDABLE JUDGMENT’
Women’s rights activists welcomed the ruling as a progressive step toward dismantling patriarchal norms, saying it reinforces divorced women’s right to financial security and reflects a growing judicial sensitivity to gender equality.
“I appreciate the Supreme Court’s decision, as granting a divorced woman entitlement to her father’s pension can help her lead a dignified life and achieve financial stability,” Farzana Bari, a prominent rights activist and academic, told Arab News.
Another rights activist, Samar Minallah, said the ruling would make a significant difference in advancing the rights of women in Pakistan.
She added that the ruling reinforces the idea that a daughter remains an integral part of her family, similar to a son.
“The ruling recognizes the financial rights of women, ensuring they are not left destitute, once widowed or divorced after the father’s death,” Minallah noted.
