Supreme Court Upholds Rights of Married Daughters for Compassionate Allotment of Fair Price Shops, Landmark judgment declares exclusion of married daughters unconstitutional, ensuring equality under Articles 14 and 15 of the Indian Constitution.
In a significant ruling, the Supreme Court of India has declared the exclusion of married daughters from the definition of 'family' under the Uttar Pradesh Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016, as unconstitutional. The bench, comprising Justices Pamidighantam Sri Narasimha and Alok Aradhe, held that such exclusion violates Articles 14 and 15(1) of the Constitution by failing the test of reasonable classification and being manifestly arbitrary.
The appeal was filed by Kulsum Nisha, whose application for the compassionate allotment of a fair price shop in her natal village was rejected solely because of her marital status. The court quashed the orders of the High Court, Deputy Commissioner, and Sub-Divisional Magistrate, which had previously denied her claim.
Justice Alok Aradhe, delivering the judgment, emphasized that the marital status of a daughter has no rational nexus with dependency or eligibility for compassionate allotment of fair price shops. The court held that dependency should be a factual determination rather than one based on marital status. The exclusion was found to be based on gender stereotypes that are incompatible with constitutional guarantees of equality.
In addition, the court applied the doctrine of purposive construction to interpret the term "daughters" in a manner inclusive of married daughters, provided they meet the dependency and other eligibility criteria. The judgment marks a pivotal step toward gender equality, reinforcing that constitutional rights must evolve with contemporary social realities.
The ruling overrules previous judgments that upheld the exclusion and aligns with views from various High Courts advocating for the rights of married daughters in welfare schemes. The competent authority has been directed to issue an allotment order in favor of the appellant within four weeks.
Bottom Line:
Exclusion of married daughters from the definition of 'family' under the Uttar Pradesh Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016, is unconstitutional as it violates Articles 14 and 15(1) of the Constitution of India.
Statutory provision(s): Articles 14, 15(1), 19(1)(g), and 21 of the Constitution of India; Uttar Pradesh Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016; Essential Commodities Act, 1955
Kulsum Nisha v. State of U.P., (SC) : Law Finder Doc id # 2912834
