Landmark verdict: Married daughters in Pakistan granted equal job rights

In a landmark decision, the Supreme Court of Pakistan has ruled that married daughters are eligible for employment under the deceased government employee quota, overturning a previous interpretation that excluded them based on marital status.

The case involved a primary school teacher from Karak district in Khyber Pakhtunkhwa who lost her job after the local education officer cited a clarification letter that disqualified married women from benefiting from the quota. The Court found this interpretation discriminatory and not supported by the actual rules.

Court’s Stand

A two-judge bench comprising Justice Mansoor Ali Shah and Justice Athar Minallah delivered the verdict, emphasizing that a woman’s legal identity and rights should not depend on her marital status. Justice Shah, in his opinion, noted that the policy created an unfair distinction—allowing married sons to benefit while denying the same to married daughters—despite no such restriction existing in the official regulations.

In Pakistan, children of deceased government employees are entitled to employment under a quota system. However, until now, married daughters were systematically excluded from this right.

Individual Rights Upheld

The Court stated that constitutional rights are granted to individuals—not based on their marital or family status—and affirmed that women have full autonomy over their lives, including the right to employment. It also referenced Pakistan’s obligations under the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), urging the government to ensure gender-neutral policies in all sectors.

Broader Impact

This decision sends a strong signal in support of women's autonomy and gender equality in Pakistan. The Court ordered the petitioner’s reinstatement along with all previous benefits, reinforcing its commitment to equal rights.

The ruling is seen as a progressive step in Pakistan’s legal framework, aimed at dismantling gender-based discrimination and ensuring women’s constitutional rights are upheld in practice across government institutions.