The Supreme Court has ruled that married daughters cannot be excluded from welfare benefits in favor of their deceased parents, holding that such exclusion is 'constitutionally impermissible.'
The bench of justices PS Narasimha and Alok Aradhe made the observation while dealing with a case from Amethi, where a married daughter was denied permission to run the fair price shop of her deceased mother.
The court noted that though married, the petitioner, Kulsum Nisha, continued to reside with her mother and four sisters and supported them, and directed the authorities to allot the fair price shop in her favor within four weeks.
The court also held that the distinction between sons and daughters based on marital status is founded upon a gender-based stereotype and is incompatible with the constitutional guarantee of equality.
The bench set aside a March 2025 order of the Allahabad High Court that upheld the definition of family for the purpose of compassionate appointment and directed the authorities to henceforth include married daughters under the definition of family.
