The Supreme Court has declared a Sindh government circular denying family pension to divorced daughters after the death of their father as discriminatory, illegal, and unconstitutional.
The 10-page judgement, authored by Justice Ayesha Malik, nullifies the 2022 circular, affirming that a divorced daughter is entitled to receive her deceased father’s pension regardless of whether the divorce occurred before or after his death.
“This pension is not a form of charity or a gratuity, but a constitutional and legal right of a government employee,” the court ruled. “This right transfers to the family upon the employee’s death, and any delay in granting it is a criminal act.”
The case was initiated by a woman named Surah Fatima, who had been denied family pension by the Sindh government under the 2022 circular. The Larkana bench of the Sindh High Court ruled in her favour, but the Sindh government appealed the decision in the Supreme Court, which has now rejected the appeal.
The court expressed strong disapproval of the practice of linking family pension rights to a woman’s marital status. "A daughter’s right to family pension cannot be made conditional on whether she was divorced before or after the pensioner’s death," the judgement stated.
The decision emphasized that the 2022 circular introduced an illegal condition not supported by law, and went on to label such conditions as a violation of constitutional rights -- specifically, those ensuring gender equality and non-discrimination.
Justice Malik's judgement also criticized Pakistan’s dismal global ranking in gender equality, calling it a national concern. “It is deeply regrettable that Pakistan ranks at the bottom of the world in terms of women's rights, despite being a signatory to multiple international conventions,” the decision read.
The court further asserted that failing to ensure women’s financial empowerment amounts to violating constitutional principles, adding that government institutions must not deny women their rightful entitlements under the law.
