Dr Shabana Safdar Khan
The recent ruling by the Federal Ombudsperson for Protection against Harassment of Women at the Workplace is a landmark moment for gender justice in Pakistan. It does not merely restore one woman’s job — it restores faith in the Constitution, in the principle of equality, and in the idea that motherhood cannot be punished. By reinstating Ms. Zainab Zahrah Awan, who was wrongfully dismissed during her sanctioned maternity leave, and by imposing a Rs1 million fine on her employer, Embrace IT, the Ombudsperson has sent a clear message: pregnancy is not misconduct, and motherhood is not a liability.
This judgement goes beyond procedural justice. It represents a cultural and institutional shift in how the state views working women — not as dependents or exceptions, but as rights-bearing citizens. The Ombudsperson’s ruling draws strength from the Constitution itself. Citing Articles 14, 25, and 37 — which guarantee dignity, equality before the law, and protection of motherhood — the decision places the issue of women’s workplace rights squarely within Pakistan’s constitutional framework. The judgment declares that any policy or act that penalises a woman for being pregnant directly violates the country’s supreme law.
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Equally significant is the linkage drawn between national law and international commitments. The ruling references Pakistan’s obligations under global human rights and labour conventions — including the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), the International Covenant on Economic, Social and Cultural Rights (ICESCR), and key ILO conventions. It boldly asserts that “safe motherhood is not a favour — it is a fundamental right,” thereby aligning Pakistan with international norms that view maternity protection as integral to gender equality and economic development.
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However, while this decision marks progress, the larger challenge is ensuring its implementation across the country. Too often, victories in courtrooms do not translate into changes on the ground. Pakistan’s workplaces — especially small firms, factories, and informal setups — continue to operate with little oversight. In many cases, women who become pregnant are told that their “role has been restructured” or that they are “no longer needed.” Fear of retaliation keeps most victims silent. This judgement must now become a tool for systemic enforcement.
To achieve this, labour departments and women’s development ministries must take active responsibility. They should issue formal advisories clarifying that firing or discriminating against a woman due to pregnancy constitutes a punishable offence. Human resource departments in both public and private sectors must be trained to understand that maternity leave is not an inconvenience but a constitutional entitlement. Federal and provincial governments should work together to strengthen grievance redressal mechanisms so that women know where to seek justice — and can do so without fear of losing their livelihoods.
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Furthermore, protection must extend to contractual and informal workers — those who make up a large portion of Pakistan’s female workforce and are most vulnerable to exploitation. Domestic workers, factory hands, agricultural labourers, and women in small enterprises often lack written contracts, which makes it easy for employers to dismiss them without consequence. The spirit of the Ombudsperson’s decision must inspire legislative and policy reform to safeguard these workers as well.
The state must also play a proactive role in awareness and accountability. Campaigns promoting women’s workplace rights should be launched, reminding both employers and employees that maternity protection is not optional. Simultaneously, penalties for violators must be strictly enforced. Courts and ombudspersons must continue to interpret laws in a manner that strengthens the rights of working women rather than limits them.
The case of Zainab Zahrah Awan illustrates not only the persistence of workplace discrimination but also the possibility of change when institutions act courageously. Her victory is a reminder that women should not have to choose between their right to work and their right to motherhood. Each dismissal on grounds of pregnancy weakens Pakistan’s economy, damages its social fabric, and contradicts its constitutional promises.
The ruling should also encourage private enterprises to reform their internal policies. Instead of viewing maternity leave as a loss of productivity, employers must see it as an investment in a sustainable workforce. Studies worldwide show that women-friendly workplaces enjoy higher retention rates, better performance, and improved corporate reputation. Gender equality, therefore, is not only a moral imperative but also an economic advantage.
This decision arrives at a time when Pakistan’s labour force participation rate for women remains among the lowest in South Asia. If the country seeks genuine economic progress, it must dismantle barriers that keep half its population out of the workforce or force them into exploitative conditions. Protecting maternity rights is not about charity; it is about ensuring the continuity of human development.
The Ombudsperson’s ruling sets a precedent that redefines the role of law in social transformation. It transforms constitutional promises into lived realities for women who have long been marginalised by patriarchal work structures. It reminds the state, society, and employers alike that equality cannot exist without protection, and that protection is meaningless without enforcement.
Ultimately, the strength of this judgement will be tested not in headlines but in offices, factories, and fields across the country. If enforced with consistency, it can become the foundation for a new social contract — one where dignity and motherhood coexist with professional life. Pakistan’s path to inclusive growth runs through its commitment to women’s rights, and that journey begins by recognising safe motherhood as a constitutional and moral right.
