Married Daughter Can Be Counted As Dependents Says Rajasthan High Court

Married daughters as dependents of deceased government employees for compassionate appointments were taken up as an issue for discussion by the Rajasthan High Court recently. A case was filed by a married daughter, whose application to be appointed by the Jodhpur Vidhyut Vitran Nigam Limited was rejected. The organisation did not count the married daughter of a deceased employee under the category of dependents.

Shobha Devi the complainant was represented by Advocate Trilok Joshi. Her father, who worked as a Lineman in the Jodhpur Vidhyut Vitran Nigam Limited passed away on November 5, 2016. Their family included him, his wife and the daughter. The deceased wife had health issues and thus the daughter, who was married applied for the position on grounds of compassionate appointment.

Initially, the application was under process and then suddenly rejected. The reason given by the government body was that under the Jodhpur Vidhyut Vitran Nigam Limited Compassionate Appointment of Dependents of Deceased Nigam Servants Regulation of 2016, married daughters of the deceased employee is not counted as a dependent.

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This rule was slammed by Justice Dr Pushpendra Singh Bhati, who was hearing the case. Justice Bhati said, "The perception of the daughter after marriage no longer being a part of her father's household and becoming an exclusive part of her husband's household, is an outdated view and mindset."

Justice Bhati further said that this is discrimination and a clear violation of Articles 14, 15 and 16 (prohibits discrimination on grounds of sex among citizens) of the constitution. In summary, the court said that the daughter has the right to be counted as her deceased father's dependent regardless of her marital status. The court further compared that if a married son can be counted as a dependent then why not do the same for the woman. It is "arbitrary and unjust," stated the court.

Married Women Can Be Counted As Dependents To The Deceased Government Worker: Rajasthan HC

The married daughter was allowed her right under Clause (iv) of Rule 2 (c) interpretation of Rules of 1966. It states that the dependent includes a married daughter if no other dependent is available.

Women have been treated as property for generations. Marriage is often considered an economic transaction by society as opposed to their a "holy union". Women after marriage are seen as 'paraya dhan (someone else's wealth). This has led to the systematic exclusion of women from rights like property ownership, family rights and cases like not being taken as dependent by a government body.

Societal norms are painful enough that the government body which follows the constitution reinforces the same discrimination in their bureaucracy. The case of Shobha Devi is a representation of how women and their value is taken after marriage. We are in the 21st century, the digital age and a progressive society but cases like this make a woman question whether we really are where we claim to be? Are we progressive enough that a married woman still needs to go to court to just get a job after her father's death?

Views expressed are the author's own. 

(Feature Image Credit: The Indian Express)