Deserted Daughters Eligible for Family Pension Benefits: Madras HC

The Madras High Court has declared the exclusion of family pension benefits to deserted daughters, categorised as destitute, as completely arbitrary and discriminatory. The court ruled that it is contradictory to the objective of providing support to disadvantaged daughters. The judgment was made in response to a petition by A Jasintha, who contested the authorities’ rejection of her application for family pension support.

Justice L Victoria Gowri expanded the meaning of ‘destitute’ to include deserted women. She highlighted a 2011 Tamil Nadu government order granting family pensions to unmarried, divorced, and widowed daughters.

Stressing the government’s commitment to extending support to families in need, she argued that a deserted daughter should not be denied the benefits of the government order, as this group represents one of the most vulnerable sections of women in society.

A. Jasintha from Pudukkottai was abandoned by her Sri Lankan husband in 2007 and has lived with her parents since. Her father, Adaikalasamy, a former P.G. assistant, received a pension until his death in May 2019. The family pension ceased after her mother Mary’s demise in April 2020.

Jasintha applied for a family pension in June 2023, as she relied financially on her parents. But the authorities rejected it, stating that the relevant government order permits pension payments exclusively for unmarried, divorced, or widowed daughters and does not extend eligibility to deserted daughters.

Contesting the decision in the High Court, Jasintha succeeded in overturning the rejection. The court directed authorities to interpret the G.O. liberally and mandated the approval of Jasintha’s family pension within three months.