Karnataka HC revokes the gender biased defence welfare norms saying “Married daughter remains a daughter..”

New Delhi: Karnataka HC takes a stand against gender discrimination in defence welfare norms. Welfare norms for defence personnel and their family members set by Sainik Welfare Board do not consider married daughters as dependents. Quashing this prejudiced guideline Karnataka HC ruled that a married daughter remains a daughter in the same way a married son remains a son.

A single-judge bench of Karnataka HC ruled in an order on January 2 that said if a son remains a son whether married or unmarried, so does a daughter. If the marriage doesn’t change the status of a son why should it do so for the daughter? Also, the court asked the Central Government to stop referring to former defence personnel as ex-servicemen. Saying that the gender equations in the defence forces are changing and so gender-neutral nomenclature should be adopted.

Hearing the plea of a 31-year-old daughter of a former army man Subedar Ramesh Khandappa, Justice M Nagaprasanna of Karnataka HC issued orders. Subedar Ramesh was martyred while clearing mines during ‘Operation Parakram’ in 2001. Priyanka Patil was 10 years old when her father died and approached the HC in 2021 when her dependent card was not issued by the Sainik Welfare Board on account of being a married woman.

Priyanka Patil was fighting to be identified as the daughter of a former defence personnel and therefore eligible for the 10 percent reservation made by the Karnataka government for the family members of ex-service personnel during the recruitment of Assistant professors in government degree colleges.

This discrimination according to Karnataka HC is in “violation of Article 14 of the Constitution of India” as it is on the basis of gender and contributes to inequality. Saying that the very purpose of these welfare schemes is defied if the benefits given to the kin of former defence personnel are denied because they are daughters and married. The Karnataka HC said that these guidelines are a depiction of the gender stereotypes that existed decades ago and if allowed to continue they would hinder the women’s march toward equality.

With the appointment of Justice Nagaprasanna (Image Credit: @facebook ) as an Additional Judge, the Karnataka High Court will have a working strength of 40 judges (19 permanent and 21 additional judges), as against a sanctioned strength of 62 judges. pic.twitter.com/f3XCBrSi7t

— Bar & Bench (@barandbench) November 22, 2019

Justice Nagaprasanna ruled to strike down the words “till married” in the I-card issuance guidelines for dependents of ex-service personnel as it violates Articles 14 and 15 of the Constitution of India. And that the nomenclature for ex-service personnel including “men” in their generalized terminology should be removed and more gender-neutral titles should be adopted. Saying this title demonstrates misogyny of an age-old culture, now women have reached top positions in the defence forces and therefore this paradigm shift should be addressed in the nomenclature.