ISLAMABAD, Nov 06 (APP):: The Supreme Court of Pakistan has ruled that marriage cannot deprive a daughter of her right to employment under her parents’ government service quota. The Court held that a married daughter enjoys the same entitlement as a married son, and any denial of such employment is unconstitutional, unlawful, and contrary to the principles of gender equality.
The landmark judgment, authored by Justice Syed Mansoor Ali Shah, was released on the Supreme Court’s official website in the case titled Farakh Naz vs. Secretary Elementary and Secondary Education Department, Khyber Pakhtunkhwa. The petitioner, Farakh Naz, had been denied appointment as a primary school teacher on the grounds that she was married. The Court declared this decision discriminatory and illegal, restoring her appointment.
In its verdict, the Supreme Court observed that the quota reserved for children of retired or deceased government employees serves as financial support for the affected family and as recognition of the parents’ public service. Therefore, a child’s marital status, whether son or daughter, has no bearing on their entitlement to this benefit.
“Marriage does not extinguish a woman’s individuality or her fundamental rights,” the judgment stated, emphasizing that declaring a married daughter ineligible for employment violates Articles 14, 25, and 27 of the Constitution. The Court further noted that labeling a married daughter as “non-dependent” or a “burden” is deeply derogatory, discriminatory, and unconstitutional.
Justice Mansoor Ali Shah affirmed that a woman has the right to choose her own path, whether to pursue employment or to devote herself to her family, and that both choices are equally dignified. The law, he wrote, cannot impose restrictions on her autonomy.
The judgment drew upon Quranic teachings, the Constitution of Pakistan, and international conventions, including the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the Beijing Declaration 1995. It reaffirmed that Islam regards women as independent, honorable, and equal human beings.
The Supreme Court also struck down all official notifications issued by the Khyber Pakhtunkhwa government that excluded married daughters from availing employment under the quota. The Court concluded that a daughter’s marriage does not sever her connection with her parents’ family; if a married son remains entitled, so does a married daughter.
Reaffirming the constitutional principle of equality, the Court declared that women are equal citizens of Pakistan, and ensuring equal opportunities for them is not merely a moral duty but a constitutional obligation of the State.