Financial liberty isn't a privilege for women; it's a right: SC
'The law must dismantle, not perpetuate, the structures that reduce women to secondary citizens in the eyes of society,' said a five-page judgment authored by Justice Syed Mansoor Ali Shah.
A two-judge bench, comprising Justice Mansoor and Justice Aqeel Ahmed Abbasi delivered judgment to an appeal of Chief Commissioner Regional Tax Officer, Bahawalpur against the Lahore High Court (LHC) order dated 21.12.2022.
The question before the bench was whether the right to compassionate employment extended to a widow (respondent) under the Prime Minister's Assistance Package be withdrawn on the pretext that she has subsequently remarried?
Shaheen Yousaf's (respondent) husband, an employee of the Income Tax Department, passed away while in service on 14.02.2006. Under the Prime Minister's Assistance Package for the Families of Deceased Government Employees respondent was appointed as a Lower Division Clerk (LDC) on a two-year contract on 26.05.2010.
The said contract was extended on multiple occasions, however, Shaheen's services were terminated on 04-01-2016 on the basis of office memorandum (OM), which stipulated that upon remarriage, a widow becomes ineligible for any compassionate employment granted under the Prime Minister's Assistance Package and the same shall stand terminated from the date of such remarriage.
The respondent filed a writ petition challenging the said order before the LHC, which allowed the petition and the respondent was reinstated in service.
The judgment said that the 1973 Constitution secures fundamental rights for individuals as equal citizens, not as appendages of patriarchal roles or marital identities. Women are not defined by the men in their lives; they are autonomous and rights-bearing individuals. Denying a woman, the right to employment on the basis of her remarriage is a blatant reinforcement of patriarchal control, seeking to subordinate her legal identity to societal expectations.
The rights of widows should not be viewed as acts of state generosity, but as legal entitlements rooted in constitutional guarantees, statutory protections, and developing judicial principles.
The judgment directed the courts in Pakistan to ensure that public policy reflects that widowhood is not a diminution of identity but a life circumstance deserving of dignity, protection, and equal opportunity and shields widows from both overt and covert forms of systemic discrimination.
The judgment clarified that the apex court verdict in case of General Post Office, Islamabad and others v. Muhammad Jalal (PLD 2024 SC 1276) has struck down the Prime Minister's Assistance Package as unconstitutional but has no application on appointments that have been already made.
Copyright Business Recorder, 2025
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Business Recorder
8 hours ago
- Business Recorder
Dr Yasmin's bail plea: hearing adjourned
LAHORE: An anti-terrorism court on Friday adjourned proceedings on the bail petitions of former provincial minister Dr. Yasmin Rashid in five cases of May 9 riots due to the unavailability of police records. Earlier, a prosecutor informed the court that the case records were currently with the Lahore High Court and requested more time to present the same. The court accepted the request and adjourned the proceedings till July 10. Copyright Business Recorder, 2025
Business Recorder
8 hours ago
- Business Recorder
July 5 1977 will forever remain a ‘black day': Bilawal
ISLAMABAD: Chairman Pakistan Peoples Party (PPP) Bilawal Bhutto Zardari has said that July 5, 1977, will forever remain a black day in the history of Pakistan—a day when the will of the people was seized in the clutches of a tin-pot dictator and the democratic journey of the nation was derailed by brute force. In a statement issued by the Media Cell Bilawal House, Chairman PPP, in his message on the 48th anniversary of the coup against Prime Minister Shaheed Zulfikar Ali Bhutto's elected government, said that Quaid-e-Awam had given voice to the voiceless, pride to the poor, and power to the people. 'The coup on July 5 was an attempt to silence that voice, to crush that pride, and to reverse that power. But the dream lived on—in the hearts of the people, and through the blood of martyrs,' he added. Chairman Bilawal Bhutto Zardari said that the dictatorship that followed unleashed a reign of terror, religious exploitation, and systematic dismantling of democratic institutions—scars that Pakistan still bears to this day. 'The seeds of extremism, sectarianism, and intolerance were sown by the regime that hijacked Pakistan in the darkness of that night,' he added. Chairman PPP reiterated his resolve to continue the struggle for the vision of Shaheed Zulfikar Ali Bhutto and Shaheed Mohtarma Benazir Bhutto—a Pakistan where the people are sovereign, where the Constitution reigns supreme, and where no power is above the Parliament and the ballot box. 'The Pakistan Peoples Party has withstood lashes, prisons, hangings, and martyrdom—but we have never compromised on our principles. The struggle continues until Pakistan becomes the democratic, peaceful, and prosperous country that Shaheed Bhutto envisioned,' he added. Copyright Business Recorder, 2025
Express Tribune
9 hours ago
- Express Tribune
'Why only carriers face music in narcotics case?'
The Supreme Court has raised serious concerns over the systemic failure of law enforcement in tackling the narcotics trade beyond its most vulnerable participants, observing that prosecutions overwhelmingly target only drug "carriers" – mostly from underprivileged backgrounds – while major perpetrators remain untouched. The observations came in a 17-page written judgment authored by Justice Athar Minallah, in which the court acquitted two individuals who had earlier been sentenced to life imprisonment in a narcotics case. The ruling was issued by a three-member bench headed by Justice Minallah, and comprising Justice Irfan Saadat Khan and Justice Malik Shahzad Ahmad Khan. "There are several law-enforcement agencies vested with powers to apprehend and prosecute those who are involved in the crimes relating to narcotic drugs, including a special agency, the Anti-Narcotics Force established under the Act of 1997," the verdict notes. The judgment calls into question the effectiveness of these institutions, particularly when viewed against the scale and pervasiveness of the drug menace. "The people of Pakistan have to bear the financial burden for maintaining these law enforcement agencies entrusted with the onerous task to eradicate the menace of narcotic drugs from the society. Have they achieved their designated goal? The answer is an emphatic 'No'," it reads. The court further lamented the growing spread of narcotics across the country, stating: "The evil of narcotic drugs has spread throughout the country and it cannot be disputed that it has reached the educational institutions where they are freely accessible." The bench pointed out that even in the few cases where arrests are made, prosecutions often do not result in convictions, raising further doubts about the integrity and professionalism of investigative processes. "The law enforcement agencies have not gone beyond arresting carriers and then, in many cases, failing to prove the guilt even to their extent. If the society has to be freed from the evil of narcotic drugs then each law enforcement agency has to perform effectively and in the most professional manner." "They have to be held accountable for their omissions and lapses committed during the investigations or while prosecuting a case. The future generations cannot be exposed to the menace of narcotic drugs merely because the several law enforcement agencies entrusted with the onerous duty to free the society from this evil fail to perform effectively or are seen as complicit. "The buck stops with the Federal and Provincial Governments, as the case may be, because they are ultimately responsible for the overall and general supervision of the law enforcement agencies. The responsibility does not end with the Executive branch of the State because the Judicial branch is also equally responsible in ensuring that the trial is conducted fairly and that a just decision is reached. "This case also shows that the trial court had failed in exercising its powers vested under the law. "We, therefore, expect that the Government of Sindh which, according to section 5 (1) of the Act of 2009, exercises general superintendence over the Prosecution Service and is responsible for ensuring achievement of the objectives of the Act of 2009, will take effective steps so that cases involving crimes relating to narcotic substances are dealt with effectively and in accordance with the duties and responsibilities of the investigators and Prosecutors. "The Prosecutor General Sindh is expected to examine this case and take appropriate action so that the omissions observed in this case are not repeated. The prosecutor General is further advised to consider issuing guidelines in exercise of its functions under section 9-A (1) of the Act of 2009 for the Prosecutors and officers responsible for investigations relating to effective and efficient prosecution. The High Court is also expected to consider laying down a policy of regular training of judicial officers relating to conducting of criminal trials. The order also said that this case has emanated from the province of Sindh where the Provincial Assembly of Sindh has promulgated and enacted the Sindh Criminal Prosecution Service (Constitution Functions and Powers) Act 2009. "The Criminal Prosecution Service of Sindh has been established under this legislation. The Act of 2009 sets out the powers, functions and responsibilities of the prosecution service in conducting prosecutions on behalf of the Government. "The administration of this service vests in the Government. Section 9 (1) explicitly provides that the Prosecutors shall be responsible for the conducting of prosecutions on behalf of the Government. The Prosecutor General is empowered under section 9-A (1) to issue general guidelines for the Prosecutors or officers responsible for investigation for effective and efficient prosecution.
