The SC has ruled against a Sindh government circular that denied family pensions to divorced daughters. The circular was issued in 2022 and stopped divorced daughters from receiving their deceased father’s pension.
In a detailed 10-page judgement, the SC declared this circular illegal and discriminatory. Justice Ayesha Malik wrote the judgement, stating that divorced daughters have the right to claim their father’s pension. This applies whether the divorce happened before or after the father’s death.
The SC clarified that family pension is a legal right, not charity. It is transferred to the family after the government employee’s death. Any delay or refusal to pay the pension is considered a criminal offense.
The case started when Surah Fatima was denied her family pension under the 2022 circular. The Sindh High Court ruled in her favor, but the Sindh government appealed to the SC. Now, the SC has rejected the appeal and upheld the right of divorced daughters to receive pensions.
The court criticized the practice of linking pension rights to a woman’s marital status. It said that the daughter’s right to pension should not depend on whether she was divorced before or after her father’s death.
The judgement also condemned the 2022 circular for introducing unlawful conditions. These conditions violate constitutional rights, especially gender equality and non-discrimination principles.
Justice Malik pointed out Pakistan’s poor ranking in gender equality worldwide. She called it a national concern and urged for better protection of women’s rights.
The SC emphasized that denying women their financial rights violates the constitution. It called on government departments to ensure women receive their rightful pensions without discrimination.
This ruling marks an important step toward securing women’s legal rights in Pakistan.
Also Read: SC Issues New Rules For Child Maintenance After Divorce Cases
