The Supreme Court of Pakistan has ruled that married women are eligible to receive a job in place of their deceased father, declaring the practice of denying them such rights as illegal and discriminatory. The court’s landmark decision came in response to a case where a woman was dismissed from a government job after the death of her father, a government employee, by the Khyber Pakhtunkhwa (KP) government.
Justice Mansoor Ali Shah issued a nine-page written judgment, stating that the woman is eligible to hold the position that was initially granted to her father. The court’s ruling overturned the department’s decision to dismiss the woman, declaring the action null and void, and ordered her reinstatement with all prior privileges intact.
The Supreme Court emphasized that excluding married daughters from the job quota of their deceased father is discriminatory and violates the constitutional rights of women. The court pointed out that a woman’s legal rights, identity, and autonomy do not cease upon marriage. It further noted that the practice of denying jobs to married daughters based on marriage status is a violation of Articles 25, 27, and 14 of the Constitution, which guarantee equality, non-discrimination, and individual rights.
The ruling also criticized the practice of changing rules through an explanatory letter issued by a section officer, stating that such executive instructions cannot override the law. The court reiterated that a woman’s financial autonomy is a fundamental right, protected by both the Constitution and Islamic law, which grants women full control over their property, income, and financial affairs.
In its decision, the court declared the dismissal of the woman from her job illegal and ordered the concerned department to restore her appointment, ensuring she receives all the benefits she was originally entitled to. The ruling marks a significant step towards securing the rights of women in Pakistan, affirming their right to equal treatment and opportunities in the workplace.
Source: The Nation