Supreme Court of Pakistan has delivered a landmark judgment affirming that a daughter's right to employment under her deceased father's government job quota is not nullified by her marital status.
Justice Syed Mansoor Ali Shah, who authored the nine-page decision, emphasized that a woman's identity, legal rights, and autonomy persist beyond marriage.
The court ruled that excluding married daughters from their late father's employment quota is both illegal and discriminatory. It highlighted that, under the Khyber Pakhtunkhwa Civil Servants Rules, all children of a deceased or medically retired government employee are eligible for employment, and any executive instructions attempting to alter these rules are unlawful.
Furthermore, the judgment stated that disqualifying daughters based on marriage constitutes discrimination and violates Articles 25, 27, and 14 of the Constitution. The court underscored that marriage does not diminish a woman's legal status, individuality, or autonomy, and that financial independence is a fundamental right not contingent upon marital status.
The court noted that Pakistan is a signatory to international conventions aimed at eliminating all forms of discrimination against women, which prohibit employment discrimination based on marital status. The judgment called for the recognition of women's economic and legal independence and the elimination of traditions that deprive women of public rights based on marriage.
The apex court also advised that courts and administrative bodies should employ gender-sensitive and impartial language in their decisions, as language reflecting patriarchal views contradicts constitutional values.
The court nullified the decision to dismiss the petitioner from her job and instructed the relevant department to reinstate her with all previous benefits.
