Islamabad: Supreme Court (SC) has declared the circular of Sindh government under which the right to pension of divorced daughter following the death of her pensioner father has not been acknowledged.
In a 10-page written decision by Justice Ayesha Malik Sindh government appeal has been rejected maintaining this circular is unconstitutional from the very beginning and is without any legal impact. This cannot be used to eliminate right of daughter to receive pension who remains alive at the time of death of pensioner.
A division bench of SC presided over by Justice Muhammad Ali Mazhar maintained the obligations of Pakistan under international laws reinforce this principle economic rights can not be denied to the women on the basis of marital status.
Pension is given to daughters on the basis of needs and not on the basis of marital status.
In fact the disabled children in India have been allowed to get family pension throughout life on the basis of financial need.
Such programs can be seen under social security programs in Bangladesh. That also allows pension to widow or divorced daughters. Some time it is allowed for those grandsons who depend on pensions.
It was said in the decision timely payment of pension is not only an administrative step but also is constitutional obligation.
It has been said in the decision it is matter of grave concern that the entitlement to pension for a daughter who remains alive after death of pensioner depends fully on her marital status. This reflects an organized bias is there which sees daughter as a dependent whose financial reliance transfers from parents to the husband after marriage.
This pre-assumption is based on this wrong opinion that unmarried or divorced women are dependents financially. This mindset ignores this fact that married women can face financial difficulties.
The court maintained that such expulsion on the basis of marital status in pension matter on the basis of this assumption is unconstitutional, discrimination and contrary to the articles 14, 25 and 27 of the constitution.