The Supreme Court of Pakistan has delivered a landmark judgment affirming that a divorced daughter holds a legal right to her deceased father’s pension, irrespective of her marital status when he passed away.
Justice Ayesha Malik authored the detailed 10-page ruling, emphatically stating that pension payments represent entitlement under the law, not charity and that a daughter’s eligibility should not depend on whether her divorce occurred before or after her father’s death.
The court struck down a 2022 circular issued by the Sindh government that denied pensions to daughters divorced after their father’s demise, deeming it discriminatory and unconstitutional. Citing violations of Articles 9, 14, 25, and 27 of the Constitution, the apex court condemned the circular for undermining fundamental rights and promoting gender-based discrimination.
Highlighting Pakistan’s low ranking, 148 out of 148 countries, on the Global Gender Gap Index, the judgment underscored the urgent need to end systemic denial of women’s constitutional rights.
The case originated from a divorced woman’s plea to reinstate her late father’s pension. The Sindh High Court’s Larkana Bench ruled in her favour, ordering the pension to resume. The Sindh government appealed to the Supreme Court, contending that only daughters divorced prior to the father’s death qualified for pension benefits.
Rejecting this argument, the Supreme Court upheld the High Court’s decision and reaffirmed that the pension is a constitutional and legal entitlement. The court warned that any delay in pension disbursement constitutes a punishable offence.
Moreover, the court stressed that government circulars cannot override or reinterpret legal statutes. It criticised presumptions treating women as financially dependent by default, stating they run counter to constitutional principles of equality, dignity, and justice.
