ISLAMABAD (HRNW)- In a landmark ruling affirming gender equality, Pakistan’s Supreme Court has declared that a divorced daughter is entitled to inherit her deceased father’s pension, irrespective of whether her divorce occurred before or after his death.
Delivering the 10-page judgment, Justice Ayesha Malik asserted that pension is a legal right, not charity, and eligibility must be based solely on entitlement—not marital status or financial need. The court emphasized that denying this right perpetuates gender inequality, citing Pakistan’s position at 148 out of 148 countries on the Global Gender Gap Index.
The verdict struck down a 2022 circular issued by the Sindh government that had barred pensions for daughters divorced after their father’s death. The Supreme Court condemned the policy as discriminatory, unconstitutional, and a violation of fundamental rights (Articles 9, 14, 25, and 27 of the Constitution), which guarantee life, dignity, equality, and non-discrimination.
The case arose when a divorced woman petitioned for the reinstatement of her late father’s pension. The Sindh High Court’s Larkana Bench ruled in her favor, prompting the Sindh government to appeal to the Supreme Court. Provincial authorities argued that only daughters divorced before a father’s death should qualify.
The Supreme Court rejected the appeal and upheld the High Court’s decision, affirming that pension rights are inviolable under law. The judgment stated that administrative circulars cannot override statutory entitlements, and presuming women’s financial dependency by default “contradicts constitutional principles of equality and dignity.” The court further warned that delaying pension disbursement constitutes a punishable offense.
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