Supreme Court
In a landmark decision safeguarding the rights of women and upholding constitutional values, the Supreme Court of Pakistan has ruled that widows cannot be dismissed from government jobs secured under compensatory schemes simply because they choose to remarry. The ruling is being hailed as a major step forward in the fight against gender discrimination in the workplace.
The verdict, authored by Justice Mansoor Ali Shah, clearly states that such dismissals are unconstitutional, discriminatory, and in violation of both domestic and international legal standards.
In its detailed five-page judgment, the apex court emphasised that the decision to remarry does not nullify a widow’s right to employment and that all citizens, regardless of marital status, are entitled to equal protection under the law.
Referring to Article 25 of the Constitution of Pakistan—which guarantees equality before the law and prohibits discrimination—the court made it clear that terminating a woman’s employment due to her remarriage is a violation of her constitutional rights.
Justice Shah further asserted that linking a woman’s identity and financial stability solely to her deceased husband undermines her autonomy and dignity, both of which are core components of constitutional protections.
The court also referenced previous case law, notably the Zahida Parveen case, to reinforce its position that discriminatory policies or office memoranda targeting remarried widows are unlawful.
These practices, it noted, not only perpetuate harmful stereotypes but also contravene Pakistan’s commitments under international human rights conventions aimed at eliminating gender-based discrimination.
In its ruling, the Supreme Court dismissed appeals filed by the Chief Commissioner and the Regional Tax Officer of Bahawalpur, thereby upholding an earlier decision by the Lahore High Court that sided with the dismissed widow. The justices found no legal or moral justification to reverse the lower court’s ruling.
Importantly, the Supreme Court clarified that widowhood must not be seen as a symbol of dependence or inferiority. Widows are citizens in their own right, and their ability to maintain employment—even after remarriage—must be protected by law.
This verdict sets a significant precedent for the protection of widows’ rights across Pakistan, especially for those who are employed through state-sponsored support initiatives. It reinforces the broader principle that women, regardless of marital status, are entitled to equal opportunities, respect, and the right to lead autonomous lives.
