Married daughter can claim parent’s job, says K’taka HC

Married daughter can claim parent’s job, says K’taka HC

State Told To Consider Plea On Humane Ground

Vasanth.Kumar@timesgroup.com

Bengaluru: 17.12.2020

The Karnataka high court has ruled that married daughters, too, are entitled to seek employment on compassionate grounds as they don’t cease to be part of the family after they enter wedlock, and directed the government to consider the petitioner’s appeal for a job in one of its departments.

“Half the world, and not even half a chance,” the HC said about the plight of Bhuvaneswari V Puranik, from Bengaluru, whose representation for a job on compassionate grounds was rejected because she is married. Her brother, working in a private firm, chose not to seek a government job.

The petitioner’s father Ashok Adiveppa Madivalar, working as a secretary in the office of Agriculture Produce Marketing Committee at Kuduchi in Belagavi district, died in 2016 while in service. His daughter’s application for a job on compassionate grounds in 2017 was rejected by the joint director (admin), department of agriculture marketing.

‘Rules seek to discriminate’

Bhuvaneswari challenged the order in the high court, contending it was discriminatory.

The court said married daughters’ exclusion from the ambit of expression ‘family’ under the Karnataka Civil Services (Appointment on Compassionate Grounds) Rules, 1996, was illegal, discriminatory and unconstitutional, and struck down the rules which said only unmarried daughter is considered a family member.

Stating that “nature bestows so much on women (and) the law cannot bestow too little”, Justice M Nagaprasanna said the rules seek to create discrimination on the basis of gender and, hence, violate Articles 14 and 15 that prohibit discrimination on the basis of religion, race, sex or gender.

“If the marital status of a son does not make any difference in law to his entitlement for seeking appointment on compassionate grounds, (then) the marital status of a daughter (too) should make no difference. Law cannot make an assumption that married sons alone continue to be a part of the family,” the order said.

Full report: toi.in

If the marital status of a son does not make any difference in law to his entitlement for seeking appointment on compassionate grounds, the marital status of a daughter (too) should make no difference. Law cannot make an assumption that married sons alone continue to be part of family

— Justice M Nagaprasanna