The High Court in the Pakistani Province of Punjab has decided that a 47-year-old Public Service rule, which provides employment guarantees to the widow of a Public Servant, is discriminatory and offensive as it denies employment to a widower.
Justice Muhammad Shan Gul directed the Provincial Government to make suitable amendments to the rule to bring it in line with the country’s Constitution which outlaws discrimination on the basis of gender.
Mustafa Siddique had filed a writ against the Department of Education over its refusal to extend the same benefit to a widower as it does to a widow.
The petitioner argued that, prima facie, there was no legal warrant to deny the benefit afforded by this rule to a widower when the same rule was applicable in the case of a widow.
Mr Siddique’s deceased wife was a teacher at a secondary school.
Opposing the petition, a Government Law Officer referred to the prevalent social set-up in Pakistan, stating that it was men who were bread-winners in the country and not women.
The Judge rejected this argument.
“This is absolute rubbish in a country that has twice been led by a woman Prime Minister, and it does not behove to the Provincial Government to adopt such a lame stance,” Justice Gul said.
“I direct that the Executive suitably amend the rule and that the respondents consider the case of the petitioner for compassionate employment,” he said.
Lahore, 8 November 2021
