Islamabad – July 30, 2025:
In a landmark ruling that could reshape the pension entitlements of women in Pakistan, the Supreme Court has affirmed that a divorced daughter is entitled to her deceased father’s pension — not based on her marital status, but on her fundamental human and constitutional rights.
The ruling came in response to a petition filed by a divorced woman who had sought restoration of her late father’s pension. The Sindh High Court’s Larkana Bench had earlier ruled in her favor, a decision which the Sindh government challenged in the apex court. However, the Supreme Court upheld the High Court’s judgment, firmly rejecting the provincial government’s appeal.
Authored by Justice Ayesha Malik, the 10-page verdict emphasized that the entitlement to pension cannot be restricted to whether a daughter was divorced before or after her father’s passing. Instead, the court observed that pension is a legal and constitutional right passed on to the heirs of a deceased government servant — and should not be treated as a form of charity or state benevolence.
“Pension is not a concession, nor is it a handout. It is a rightful entitlement of the family members,” the judgment read. The court further remarked that imposing arbitrary conditions on such entitlements violates several key articles of the Constitution — including Articles 9 (right to life), 14 (dignity of man), 25 (equality of citizens), and 27 (non-discrimination in services).
Critically, the court also struck down a 2022 circular issued by the Sindh government that had restricted pension benefits only to daughters who were divorced at the time of their father’s death. The bench declared the circular unconstitutional, discriminatory, and in clear violation of gender equality — both under Pakistan’s Constitution and its international obligations.
Calling attention to Pakistan’s alarming performance on gender equality, the court noted that the country ranks 148 out of 148 globally. “This is deeply concerning and reflects poorly on Pakistan’s commitment to women’s rights,” the ruling stated, adding that it was unfortunate for a country to fare so poorly despite being a signatory to various international human rights conventions.
The decision also criticized systemic attitudes that view women as financially dependent, describing such thinking as a clear breach of constitutional values. The judgment underscored the urgent need for institutional reforms to challenge and change such discriminatory norms.
Legal experts say the verdict sets a powerful precedent, not just legally but also socially. By reaffirming women’s right to inherit pension benefits without being penalized for their marital history, the court has taken a significant step toward economic justice for women — potentially opening the door for many others in similar situations to seek redress.
