[Ex-servicemen quota] Marriage cannot and shall not change status of daughter: Karnataka HC

The Karnataka High Court recently struck down the rider that excluded married daughters from grant of a dependant identity card that is given to the ward of an ex-serviceman for their consideration under the ex-servicemen quota in government jobs.

Tabling the judgment in a case where a married daughter of a serviceman who was "killed in action" had sought her consideration under the ex-servicemen quota in a recruitment process in Karnataka Education Department Services, single judge bench of Justice M Nagaprasanna held,

"If the son remains a son, married or unmarried; a daughter shall remain a daughter, married or unmarried. If the act of marriage does not change the status of the son; the act of marriage cannot and shall not change the status of a daughter."

The judge said that the guideline which provided that a deceased ex-serviceman's daughter would get the same benefits as his son up to the age of 25 years, provided she does not get married, portrayed bias on the basis of gender.

"The son gets the benefit whether he is married or unmarried; the daughter gets the benefit only if she remains unmarried. Here lies the discriminatory choke...marriage of the daughter takes away her right to get an I-card and marriage of a son does not take away his right to get an I-card," the judge pointed out.

Therefore, stating that such guideline fell foul of the tenets of Article 14 of the Constitution of India, the judge held it liable to be annihilated.

"If any Rule/Policy/Guideline, which would be in violation of the Rule of equality, such Rule/Policy/Guideline cannot but be obliterated, as being unconstitutional," he said.

Justice Nagaprasanna observed the concerned guideline was a depiction of gender stereotypes that were existent decades ago, and if the same is permitted to remain, it would be an anachronistic obstacle in the march toward women’s equality.

Accordingly, the judge struck down and annihilate the words “till married” in guideline 5(c) of the 'Guidelines for issuance of I-cards to dependants of ex-servicemen' and directed the Karnataka Examination Authority to consider petitioner daughter's case under the ex-servicemen quota for the post of Assistant Professor in terms of the notification issued.

Before parting with the judgment, the judge also highlighted the discrimination existing in the nomenclature of the aforementioned guidelines.

The judge said, "The word 'men' in the title portrays such discrimination as it seeks to demonstrate that the Forces are still a bastion of the male, while it is not".

Therefore, he opined that the term ‘ex-servicemen’ should be replaced with ‘ex-service personnel’ which would be in tune with the ever-evolving dynamic tenets, of Article 14 of the Constitution of India and asked the State and Union Governments to address the issue.

Case Title: XXX v. Kendriya Sainik Board and Others