Lawstreet Journal

Freedom fighter's widowed/divorced daughters having no income entitled to his pension- blanket exclusion violates Article 14: Calcutta High Court

Lawstreet Journal 15 Apr 2021 8:00pm

Image courtesy: Lawstreet Journal Judiciary Freedom fighter's widowed/divorced daughters having no income entitled to his pension- blanket exclusion violates Article 14: Calcutta High Court

The Calcutta High Court earlier this week declared Clause 5.2.5 for the guidelines for disbursement of central Samman pensions issued by the Ministry of Home Affairs, as being violative of Article 14 of the Indian Constitution. It was observed that blanket exclusion of widowed/divorced daughters, including even those who don't have any personal income in lieu of maintenance or otherwise, is patently de-hors Article 14 of the Indian Constitution, which enshrines the guarantee of equality to all citizens. 

This decision was made by a single bench of justice Sabyasachi Bhattacharyya. The facts of the case are that the petitioner who is the daughter of a diseased freedom fighter was getting a pension under the scheme till the date of his demise on December 4, 2012. 

The petitioner was divorced on March 19, 1999, and since then she had been staying with her parents along with her son. Due to her foregone right of alimony, she was dependent on her father.  In the case of the petitioner, after the death of her father her widowed mother applied for the grant of pension however the case was kept pending for a long time and her mother died in 2019 leaving behind the petitioner and her son alone. 

Clause 5.2.5 of the scheme provided that widowed or divorced daughter is not eligible for Samman pension. 

According to clause 5. 2.3 in order to transfer the pension to the spouse or daughter or twin condition has to be fulfilled that is of being unmarried and having no independent… Continue Reading...


Tagged: calcutta high court  
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