Divorced daughters of freedom fighters are entitled to pension on par with unmarried daughters

Madras High Court Rules in Favor of Divorced Daughters' Pension Rights. Court Upholds Parity Between Divorced and Unmarried Daughters Under Swatantarta Sainik Samman Pension Scheme

In a landmark judgment, the Madras High Court, presided over by Justice V. Lakshminarayanan, has ruled that divorced daughters of freedom fighters are entitled to pension under the "Swatantarta Sainik Samman Pension Scheme, 1980," on par with unmarried daughters. The decision reinforces a socially progressive interpretation of the scheme, aligning with the Supreme Court's stance in the case of Khajani Devi v. Union of India.

The case was brought forward by Thillai Lokanathan, a divorced daughter of a freedom fighter, who sought the transfer of her deceased mother's pension. Her application was initially denied on the grounds that the scheme's guidelines did not recognize divorced daughters as dependents eligible for pension. However, the High Court dismissed this argument, citing the Supreme Court's precedent that such a distinction lacks rational basis and is an artificial differentiation.

The court emphasized that the purpose of the pension scheme is to honor the sacrifices made by freedom fighters and to ensure their dependents lead a life of dignity. Justice Lakshminarayanan stated, "When the Supreme Court has spoken, judicial discipline requires adherence to its views." The judgment mandates that the petitioner, Thillai Lokanathan, is entitled to pension benefits from the date of her application, January 27, 2023.

This decision underscores the judiciary's commitment to upholding the rights of individuals who have historically been marginalized, marking a significant step towards gender equality in pension rights for dependents of freedom fighters.

Bottom Line:

Divorced daughters of freedom fighters are entitled to pension under the "Swatantarta Sainik Samman Pension Scheme, 1980," and must be treated on par with unmarried daughters as per the progressive and socially constructive approach adopted in the case of Khajani Devi v. Union of India.

Statutory provision(s): Swatantarta Sainik Samman Pension Scheme, 1980

Thillai Lokanathan v. Deputy Secretary Ministry Of Home Affairs, (Madras) : Law Finder Doc Id # 2804866