SC upholds widow’s job rights, rejects remarriage clause

ISLAMABAD: The Supreme Court has delivered a landmark ruling affirming that a widow’s right to compassionate employment under the Prime Minister’s Assistance Package cannot be rescinded simply due to her remarriage. Justice Syed Mansoor Ali Shah authored a five-page judgment that upheld the Lahore High Court’s decision, emphasizing that financial independence is a fundamental right, not a favor, and central to women’s dignity and participation in public life.

The court criticized the Office Memorandum (O.M.) that deemed widows ineligible for employment upon remarriage, branding it “discriminatory” and “patriarchal.” The judgment noted that such a clause subordinates women’s legal identities to societal norms, reinforcing patriarchal control.

The case originated from a woman who had been appointed under the assistance package after her husband’s death in 2006. Her employment was later terminated in 2016 on the grounds of her remarriage. The apex court dismantled the justification behind the O.M., affirming that such rules should not apply only to widows, as widowers were not subjected to the same condition.

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