Dr Shabana Safdar Khan
Nations that evolve and adapt have a higher chance of success, as they are more capable of addressing the changing needs of society. Laws and regulations must also evolve to ensure they remain relevant and fair, particularly when it comes to safeguarding the economic and human rights of all citizens. In Pakistan, recent developments indicate a shift towards a more inclusive approach to gender equality, especially in the workforce. The Supreme Court’s recent ruling that a daughter can take up a government job in place of her deceased father, regardless of her marital status, marks a significant step forward in empowering women. This landmark judgment challenges outdated societal norms and underscores the need for reform in a system that has historically been skewed against women.
Justice Syed Mansoor Ali Shah, in his ruling, highlighted the inconsistency of societal norms that prevent women from inheriting their deceased father’s position simply because they are married. He pointed out that, while a son’s marriage does not affect his right to inherit his father’s position, a daughter’s marital status should not serve as a barrier either. This judicial stance is a refreshing change from previous rulings that denied similar opportunities to women, particularly married women, in the name of fairness and uniformity.
Historically, women in Pakistan have faced systemic barriers in almost every sector of life. Whether it’s in matters of inheritance, employment, or access to education, cultural and institutional biases have long held women back. This new ruling, however, serves as a reminder that the legal system can evolve to reflect changing attitudes toward gender equality. The ruling could pave the way for more such decisions, helping to dismantle the deeply rooted patriarchal mindset that has hindered women’s advancement.
In cases where a government employee, typically the primary breadwinner, passes away, many employers view offering a job to a dependent as a way to provide financial security to the family. This is especially true in a country like Pakistan, where familial support is crucial for survival. However, a previous ruling prohibited such appointments based on the argument that preferential treatment should not be given to one group over another. This perspective, though complex, is rooted in the belief that merit should drive employment decisions rather than personal relationships or familial ties.
Yet, in reality, offering a job to a dependent of a deceased employee, particularly when the deceased was the family’s sole provider, often serves as a necessary lifeline for the surviving family members. This becomes even more crucial in the context of gender inequality, where women are already at a disadvantage in the workforce and face significant challenges in securing stable employment. Allowing women to access these opportunities, regardless of their marital status, is a progressive move that ensures women are not further disadvantaged by traditional gender roles.
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The issue of gender inequality in the workforce is not new to Pakistan. According to the Asian Development Bank, female labor force participation in Pakistan stands at a dismal 25 percent, far below the average for countries with similar income levels. The situation is even more pronounced among highly educated women, with only around 25 percent of women with a university degree actively participating in the labor force.
The gender pay gap is another pressing issue. A recent report by the International Labour Organization (ILO) reveals that women in Pakistan earn, on average, Rs 750 for every Rs 1,000 earned by men on an hourly basis. The gap increases to approximately 30 percent for monthly wages, with women also working fewer hours. This disparity highlights the deeply entrenched biases in Pakistan’s labor market, where women are systematically paid less for the same work. These statistics demonstrate how, despite the increasing presence of women in education and the workforce, gender inequality remains a significant barrier to women’s full participation in economic activities.
The recent Supreme Court ruling comes as part of a broader cultural shift in Pakistan, one where women are increasingly proving their capabilities to provide financial support to their families. Women, regardless of their marital status, have shown time and again that they are just as capable as men in contributing to the economic stability of their households. The evolving social fabric of Pakistan is gradually recognizing this reality, and this change is reflected in the law.
The institution of marriage in Pakistan, traditionally designed to favor men, has often placed women in a dependent role. In the past, a married woman’s ability to inherit or take up employment in place of a deceased father was restricted, under the assumption that she was financially supported by her husband. This outlook, however, is increasingly being challenged by the new generation of women who seek independence and economic empowerment. They are no longer willing to live under the shadow of outdated traditions that limit their rights and opportunities.
Such rulings reflect a much-needed change in the legal landscape of Pakistan. They send a clear message that women, regardless of their marital status, should have the right to work, inherit, and contribute to society without facing discriminatory barriers. In a country where women already struggle to find meaningful employment, legal reforms like these are crucial in ensuring that women have the same opportunities as men to build careers, provide for their families, and achieve financial independence.
Empowering women is not just a matter of providing them with job opportunities; it’s also about changing the cultural and institutional structures that have perpetuated gender inequality. Women in Pakistan face a multitude of challenges, from societal expectations to discrimination in the workplace. These challenges are compounded by limited access to resources, education, and career advancement opportunities. Legal reforms, like the one recently passed by the Supreme Court, are a crucial step in the right direction, but they must be accompanied by broader societal changes to ensure long-lasting impact.
The winds of change must continue to favor women. The law must evolve to ensure that women are no longer treated as secondary citizens. Instead, women should be recognized as equal contributors to society, capable of achieving financial independence and participating in the workforce on their own terms. By eliminating discriminatory laws and practices, Pakistan can unlock the full potential of its female population and make significant strides toward gender equality.
It’s time for Pakistan to move beyond outdated traditions that hold half of its population back. Women in Pakistan have long been relegated to a subordinate role in society, with limited access to opportunities and resources. However, the tides are beginning to shift. Legal rulings that support women’s rights and independence are a crucial step forward, but they must be part of a broader effort to dismantle the deeply entrenched patriarchal structures that limit women’s freedoms.
The recent Supreme Court ruling should serve as a reminder that the law can evolve to meet the changing needs of society. It reflects the growing recognition that women are not mere dependents, but active contributors to the nation’s economy and social fabric. As Pakistan moves forward, it must continue to empower women by ensuring that they have equal access to opportunities, legal protections, and the chance to build their futures without the constraints of outdated norms. Only then can Pakistan truly unlock the full potential of its people.
