In a landmark and human-centered ruling, Pakistan's Supreme Court has declared that divorced daughters are entitled to receive their deceased father's pension, regardless of whether the divorce took place before or after his death. The decision is being hailed as a major step forward for women's financial rights in Pakistan.

The 10-page judgment, authored by Justice Ayesha Malik, was issued in favor of Sorath Fatima, the daughter of a deceased employee of Sindh's Road and Transport Department. After her father's death in 2002, his pension was transferred to Fatima's mother. Upon the mother's death in 2012, Fatima, as an unmarried daughter, began receiving the pension.

When she got married, the pension was stopped. After her divorce in August 2022, Fatima applied to resume receiving her father's pension, but the Sindh government rejected her request, citing a departmental circular that barred divorced daughters from pension eligibility if the divorce occurred after the father's death.

Fatima challenged the decision in the Larkana bench of the Sindh High Court, which ruled in her favor. The Sindh government appealed to the Supreme Court, which upheld the high court's ruling and dismissed the provincial government's stance as unconstitutional.

“We find that the circular, which imposes restrictions unsupported by the Act or the Rules, is void ab initio, unconstitutional, and of no legal effect,” the court ruled.

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The court emphasized that a daughter's right to her father's pension should not be conditional on when her divorce occurred. It added that continuing to link a woman's financial rights to her marital status reflects deep-rooted patriarchal bias.

“This assumption not only perpetuates the stereotypical mindset about women being dependent members within the family structure, but also fails to recognize women as autonomous individuals who may have the capacity to be financially independent,” the judgment stated.

The ruling noted that Pakistan, as a signatory to CEDAW (Convention on the Elimination of All Forms of Discrimination Against Women), is obligated to eliminate discriminatory practices, including outdated pension regulations.

A Victory for Women's Rights

Rights activists welcomed the ruling as progressive and overdue.

Farzana Bari, a renowned women's rights advocate, said:

“This decision will allow divorced women to live with dignity and financial security. It's a commendable step toward legal gender equality.”

Another activist, Samar Minallah, added:

“The court has affirmed that a daughter remains an equal and permanent part of the family-just like a son. This ruling will help prevent many women from being left destitute after divorce.”

This ruling isn't just a win for Sorath Fatima-it brings hope to thousands of women across Pakistan, especially in tribal and rural regions, where many divorced or widowed daughters depend on family pensions for survival.

It's time for lawmakers and government institutions to revisit discriminatory rules that treat daughters as second-class citizens. The Supreme Court has spoken clearly: need, dignity, and equality must define the future of public welfare systems.

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