ISLAMABAD: The Supreme Court on Wednesday ruled that the rights of widows are not acts of state generosity, but legal entitlements rooted in constitutional guarantees, statutory protections and evolving judicial principles.

“Widows, like all citizens, are entitled to employment, dignity, equality, and autonomy without discrimination or reprisal,” observed Acting Chief Justice Syed Mansoor Ali Shah while heading a two-judge SC bench that had taken up an appeal by the chief commissioner of Regional Tax Office, Bahawalpur, against the Dec 21, 2022 judgement issued by the Lahore High Court’s Bahawalpur bench.

Petitioner Shaheen Yousaf’s husband, who was an employee of the Income Tax Department, had passed away while in service on Feb 14, 2006. Under the Prime Minister’s Assistance Package for the Families of Deceased Government Employees, the widow was appointed as a lower division clerk (LDC) on a two-year contract on May 26, 2010.

The contract was extended multiple times, but on January 4, 2016, her servi­ces were terminated via an office memorandum (OM) dated December 15, 2015. The memorandum stated that upon rema­r­riage, a widow becomes ineligible for co­m­passionate employment under the PM’s assistance package and is, therefore, to be terminated from the date of remarriage.

Justice Shah observes widows, like all citizens, deserve equal rights to jobs, dignity, non-discrimination

The widow challenged the OM the LHC, which disposed of the matter with a directive for the member (administration), Federal Board of Revenue (FBR), to treat it as a representation and address her grievances through a speaking order.

In compliance with the court’s directive, the FBR reviewed the matter and rejected her representation on May 11, 2017. The respondent then filed a second writ petition in the LHC, challenging the departmental order. The petition was allowed on Dec 21, 2022, and the widow was reinstated in service.

In a five-page order, ACJ Mansoor Ali Shah observed that any policy that makes public employment contingent upon a woman’s marital status not only entrenches dependency but also effectively penalises her for exercising a fundamental liberty. The law must serve as a shield against exclusion, not a tool for reinforcing outdated social hierarchies, he emphasised, adding that it was critical to consider the social context in which such executive decisions operate.

“Widowhood, in its simplest sense, refers to the status of a woman whose spouse has died. However, in many societies it carries a layered social identity often accompanied by stigma, isolation, and a diminished sense of social worth. Widows are too often viewed through the prism of loss and dependence, rather than as individuals with agency and resilience,” Justice Shah regretted, adding that this perception restricts their choices, particularly when it comes to remarriage or economic independence.

“The law must reject these harmful cultural narratives and affirm that widowhood is not a diminution of identity but a life circumstance deserving of dignity, protection, and equal opportunity. It is incumbent upon courts to ensure that public policy reflects this understanding and shields widows from both overt and covert forms of systemic discrimination,” the ACJ emphasised.

The judgement declared the OM manifestly discriminatory as it singles out widows, the female spouses of deceased government employees for disqualification from compassionate employment upon remarriage, without imposing a corresponding restriction on widowers, notwithstanding the assistance package which offers compassionate employment to both a widow and a widower.

Published in Dawn, April 24th, 2025