Can Women Choose Kids Over Husbands For Pension In Marital Discord?

The Department of Pension and Pensioners' Welfare (DoPPW) has recently introduced a significant amendment to Rule 50 of the Central Civil Services (Pension) Rules, 2021. This amendment, formulated in consultation with the Ministry of Women and Child Development, addresses a crucial aspect of family pension disbursement, particularly in cases of marital discord. The revised rule now allows a woman government servant to nominate her child or children for a family pension, taking precedence over her husband. 

This transformative step marks a departure from traditional norms and highlights the commitment to empowering women in family pension cases.

Background

Rule 50 of the Central Civil Services (Pension) Rules, 2021, governs the grant of family pension following the demise of a government servant or retired government servant. Historically, family pension was initially granted to the surviving spouse, and other family members became eligible only after the spouse became ineligible or passed away. However, the recent amendment seeks to reshape this framework, recognising the need for flexibility in cases of marital discord.

The Amendment in Detail

The amendment introduced by the DoPPW allows a woman government servant to nominate her child or children for a family pension in preference to her husband. This significant shift in policy comes into play in various scenarios, including instances where the woman has filed for divorce or initiated legal proceedings under the Protection of Women from Domestic Violence Act or other relevant statutes.

V. Srinivas, Secretary of DoPPW, highlighted the progressive nature of the amendment, emphasising its empowerment of women employees in family pension cases. The move is a testament to the evolving societal dynamics and a response to representations received by the department.

Specific Cases Considered

The amended rule specifically addresses cases where divorce proceedings are pending or when a female government servant has filed a case under the Protection of Women from Domestic Violence Act, Dowry Prohibition Act, or Indian Penal Code against her husband. In such instances, the woman government servant or pensioner can request the grant of family pension to her eligible child or children, prioritising them over her spouse.

Procedure for Request

A woman employee undergoing any of the mentioned legal proceedings can formally request the disbursement of a family pension to her eligible child or children in writing. This request should be directed to the concerned head of the office. The DoPPW's order provides a clear avenue for women to secure the financial well-being of their children in the event of their demise during the pendency of legal proceedings.

The amendment to Rule 50 is a progressive stride towards gender equality and empowerment in the realm of family pension disbursement. By recogniding the unique challenges faced by women in cases of marital discord, the government shows its commitment to fostering a more inclusive society and reflects a deeper understanding of the diverse circumstances that individuals, especially women, may encounter during their service and retirement.