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SC Declares Pension a Right for All Divorced Daughters

SC Declares Pension a Right for All Divorced Daughters

Supreme Court: Pension Is a Legal Right for Divorced Daughters

ISLAMABAD – The Supreme Court of Pakistan has ruled that pension is a legal right, not a form of charity, and it must be given to daughters based on entitlement, not on whether they are married or divorced.

The court made this decision while hearing a case filed by a woman who was denied her late father’s pension after her divorce. She had already won the case in the Sindh High Court’s Larkana Bench, but the Sindh government challenged the ruling in the Supreme Court.

In a detailed 10-page judgment written by Justice Ayesha Malik, the court said it does not matter when a daughter is divorced — before or after the father’s death — she is still eligible for a pension if she qualifies otherwise.

The Supreme Court also struck down a 2022 circular issued by the Sindh government that denied pension to daughters divorced after their father’s death. The court called the circular discriminatory and unconstitutional, stating that it violated Articles 9, 14, 25, and 27 of the Constitution of Pakistan.

The judgment added that women should not be seen as financially dependent just because they are women. It also pointed out that Pakistan ranks 148 out of 148 countries in the Global Gender Gap Index, and denying women their rights continues to harm gender equality.

The court made it clear that a pension is a constitutional right, and delaying or denying it is against the law. It also reminded that circulars cannot change the law, and that all citizens — including women — must be treated with equality and dignity.

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