Landmark verdict: Married daughters in Pakistan allowed equal employment rights

Dubai: In a significant Judgment, the Supreme Court of Pakistan has ruled that a married daughter is entitled to claim employment under the deceased government employee’s quota, overturning a controversial decision that denied such rights based on marital status.

The ruling came after a primary school teacher in Khyber Pakhtunkhwa’s Karak district was dismissed from her position following a decision by the district’s education officer, which cited a clarification letter restricting married women from benefiting from the deceased employee quota. The letter effectively barred married daughters from claiming this right, an interpretation the Court deemed discriminatory.

Court ruling

A two-member bench, led by Justice Mansoor Ali Shah and Justice Athar Minallah, delivered the Judgment, asserting that a woman’s personhood, legal rights, and autonomy should not be contingent on her marital status. Justice Shah, in his written verdict, said that such clarifications introduced unjustifiable distinctions, particularly when no such restriction existed in the official rules. The Judgment highlighted the discriminatory nature of the policy, which allowed married sons but excluded married daughters from similar benefits, according to reports in Pakistani media.

In Pakistan, son or daughter are given employment in case of death of any of their parent working with a government department. However, the married daughters were denied this opportunity

Rights to individuals

“The Constitution guarantees rights to individuals, not marital units,” the Court declared, reinforcing that women have full control over their lives, including their employment rights, irrespective of marital status. The ruling also underscored Pakistan’s international commitments under the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), and affirmed the state’s responsibility to adopt gender-neutral and inclusive policies.

Powerful message

In a wider societal context, this ruling sends a powerful message regarding the autonomy of women in Pakistan, reiterating that gender equality should be upheld not just in the letter of the law, but also in its practical application across all public sectors. The Court directed the department concerned to reinstate the petitioner with all previous benefits, further solidifying its stance on equal treatment under the law.

This ruling reflects an evolving legal landscape in Pakistan, where increasing attention is being given to eliminating gender-based discrimination in employment, highlighting the importance of upholding the constitutional rights of women in all spheres of life.