New Delhi: In a significant judgment advancing gender equality, the Supreme Court has ruled that married daughters cannot be excluded from compassionate appointments and that their omission from the definition of “family” is unconstitutional.
A Bench comprising Justice P.S. Narasimha and Justice Alok Aradhe set aside a March 2025 Allahabad High Court order that had upheld the exclusion of married daughters from compassionate appointments under Uttar Pradesh rules governing fair price shops.
The case was filed by Kulsum Nisha, a married daughter of a deceased fair price shop dealer, whose application for compassionate appointment was rejected on the grounds that married daughters were not included in the definition of “family” under a 2019 government order.
Reversing the High Court’s decision, the apex court observed that dependency cannot be determined solely on the basis of marital status. The judges noted that many married daughters continue to live with, support, or remain dependent on their parental families, making any blanket exclusion discriminatory and unjustified.
The court held that excluding married daughters while allowing unmarried, widowed, or legally separated daughters to be considered for compassionate appointments violates Articles 14 and 15 of the Constitution, which guarantee equality and prohibit discrimination.
The Bench further stated that the assumption that a daughter ceases to be a member of her parental family after marriage is rooted in outdated gender stereotypes and has no place in constitutional governance. It pointed out that sons continue to be treated as members of the family regardless of their marital status, creating an unequal and arbitrary distinction.
In its order, the Supreme Court directed Uttar Pradesh authorities to allot a fair price shop to Kulsum Nisha within four weeks. The court also instructed the state to include married daughters within the definition of “family” for future compassionate appointments.
The judgment is expected to have far-reaching implications for compassionate appointment policies and similar welfare schemes across the country, reinforcing the principle that rights and opportunities cannot be denied on the basis of gender or marital status.
