ISLAMABAD: In a groundbreaking ruling, the Supreme Court of Pakistan has affirmed that a married woman remains an equal child of her deceased parent and cannot be denied employment or inheritance rights based on her marital status.
SC Upholds Women's Constitutional Identity
Justice Syed Mansoor Ali Shah, leading a division bench, ruled that excluding married daughters from employment opportunities under the deceased quota is unconstitutional and discriminatory. The court emphasized that:
Marriage does not strip a woman of her legal rights or financial independence.
Excluding women from employment based on marital status violates Articles 14, 25, and 27 of Pakistan’s Constitution.
Islamic law guarantees women’s financial autonomy, debunking the notion that they become dependent on their husbands after marriage.
Case Background: Zahida Parveen's Fight for Justice
The verdict came in response to a petition by Zahida Parveen, a primary schoolteacher whose job under the deceased son/daughter quota was unfairly revoked after she got married. The district education officer in Karak withdrew her appointment without a formal notice, citing a policy that barred married daughters from such employment.
The court ruled that this clarification was unlawful and violated Pakistan’s international legal commitments, particularly the UN Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).
Judiciary Must Promote Gender-Neutral Language
The bench also urged judicial and administrative authorities to adopt gender-sensitive and neutral language. It criticized outdated phrases like "a married daughter becomes a liability of her husband," calling them deeply patriarchal and legally incorrect.
Financial Independence: A Constitutional Right
The judgment reinforced that women’s financial independence is not a privilege but a fundamental right, enshrined in both constitutional law and Islamic legal tradition. It dismissed the outdated common law doctrine of coverture, which historically erased women’s legal existence upon marriage.
Implications of the Ruling
Women’s employment rights will be safeguarded under compassionate appointment laws.
Gender-based discrimination in legal and administrative policies must end.
The ruling sets a legal precedent for future gender equality cases in Pakistan.
This verdict is a major victory for women's rights, reaffirming that marriage does not diminish a woman's legal identity, financial autonomy, or constitutional entitlements.
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