Marriage Cannot And Shall Not Change Status of Daughter, Says Karnataka HC

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Edited By: Pathikrit Sen Gupta

Last Updated: January 05, 2023, 15:24 IST

The judge said that the guideline which provided that a deceased ex-serviceman's daughter would get the same benefits as his son up to the age of 25 years, provided she does not get married, portrayed bias on the basis of gender. (File pic/PTI)

The decide stated that the rule of thumb which supplied {that a} deceased ex-serviceman’s daughter would get the identical advantages as his son as much as the age of 25 years, supplied she doesn’t get married, portrayed bias on the idea of gender. (File pic/PTI)

The court docket stated {that a} coverage or guideline which portrays discrimination on the idea of gender can’t be permitted to stay. The decide additionally opined that the time period ‘ex-servicemen’ ought to be changed with ‘ex-service personnel’ and accordingly requested the state and union governments to handle the difficulty

The Karnataka High Court not too long ago struck down the rider that excluded married daughters from the grant of a dependent id card that’s given to the ward of an ex-serviceman for his or her consideration beneath the ex-servicemen quota in authorities jobs.

Tabling the judgement in a case the place a married daughter of a serviceman who was “killed in action” had sought her consideration under the ex-servicemen quota in a recruitment process in Karnataka Education Department Services, the single-judge bench of Justice M Naga Prasanna held, “If the son remains a son, married or unmarried; a daughter shall remain a daughter, married or unmarried. If the act of marriage does not change the status of the son; the act of marriage cannot and shall not change the status of a daughter.”

The judge said that the guideline which provided that a deceased ex-serviceman’s daughter would get the same benefits as his son up to the age of 25 years, provided she does not get married, portrayed bias on the basis of gender.

“The son gets the benefit whether he is married or unmarried; the daughter gets the benefit only if she remains unmarried. Here lies the discriminatory choke…marriage of the daughter takes away her right to get an I-card and marriage of a son does not take away his right to get an I-card,” the judge pointed out.

Therefore, stating that such a guideline fell afoul of the tenets of Article 14 of the Constitution of India, the judge held it liable to be removed.

“If any Rule/Policy/Guideline, which would be in violation of the Rule of equality, such Rule/Policy/Guideline cannot but be obliterated, as being unconstitutional,” he said.

The single-judge bench observed that the concerned guideline was a depiction of gender stereotypes that were existent decades ago, and if the same was permitted to remain, it would be an anachronistic obstacle in the march toward women’s equality.

Accordingly, the judge struck down and removed the words “till married” in guideline 5(c) of the ‘Guidelines for issuance of I-cards to dependants of ex-servicemen’ and directed the Karnataka Examination Authority to think about the case of the current petitioner, second daughter of a deceased serviceman, beneath the ex-servicemen quota for the recruitment on the publish of Assistant Professor.

Moreover, earlier than parting with the judgement, the decide highlighted the discrimination current within the nomenclature of the aforementioned tips.

The decide stated, “The phrase ‘men’ within the title portrays such discrimination because it seeks to reveal that the Forces are nonetheless a bastion of the male, whereas it isn’t.”

He opined that the term “ex-servicemen” ought to be changed with “ex-service personnel” and accordingly asked the state and union governments to address the issue.

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