HC: Freedom fighters’ married daughters eligible for quota jobs

Legal Correspondent

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Shimla, August 16

The High Court has quashed the policy of the state government which discriminated against the married daughters of freedom fighters. The policy did not consider the married women on a par with the married sons and excluded them from reservations being provided to “the wards of freedom fighters’ category” in government jobs.

In 1984, it was decided by the state that 2 per cent reservation in services should be provided to the children/ grandchildren of freedom fighters. Under the scheme, the benefits were applicable to sons/grandsons/granddaughters and daughters of freedom fighters. However, the married daughters of the freedom fighters were excluded from the scheme.

The issue of gender discrimination was raised before the court by two sisters, Rekha Sharma and Geeta Sharma, daughters of a freedom fighter of Sundernagar by addressing a letter to the Chief Justice. Treating this letter as a PIL petition, the court had sought response from the state.

In its stand, the state contended, “After the marriage, daughter severs the relations with her parents for she gets ‘transplanted’ into the family of her husband and, as such, cannot claim herself to be part of the family of a freedom fighter.” However, on the other hand, it was argued on behalf of the petitioners that the exclusion of a married daughter was an act of hostile discrimination which was violative of the fundamental rights guaranteed under Articles 14 and 15 of the Constitution. After hearing the matter, the court struck down the policy.

Striking down the unconstitutional part of the policy, a Division Bench comprising acting Chief Justice Sanjay Karol and Justice Sandeep Sharma held, “We find the stand adopted by the state to be absolutely archaic and disappointing.”

The Bench further observed, “In our considered view, daughters and granddaughters, even if married, will be eligible for jobs. The action of the respondents by not giving reservation to married women and not giving them ‘Wards of freedom fighter’ certificate, is illegal and arbitrary and an example of colorable exercise of power, for marriage does not have and should not have a proximate nexus with identity. The identity of a woman, as a woman, continues to subsist even after her marital relationships.”

Credit to Sundernagar sisters

• The issue was raised before the court by two sisters, Rekha Sharma and Geeta Sharma, daughters of a freedom fighter of Sundernagar
• State says after the marriage, daughter severs the relations with her parents and, as such, cannot claim herself to be part of the family of a freedom fighter.
• The Division Bench finds the stand adopted by the state to be absolutely archaic and disapp121ointing