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How does marriage affect a woman’s standing? High Courts challenge status quo in cases of compassionate appointment

5. In 2019, the Calcutta High Court stayed an amendment to the West Bengal Public Distribution System (Maintenance and Control) Order, 2003 which excluded married daughters from availing compassionate appointment. The Court also made a critical note of the patriarchal arguments made by the counsel defending the amendment.

The socio-economic-cultural argument canvassed by Mr. Bandyopadhyay, in my view, is a patriarchal argument bordering on misogyny and cannot be accepted by this Court. No distinction can be made on the basis of the factum of marriage of a woman. Such a classification clearly is in violation of Article 14 of the Constitution of India,” Justice Shekhar B Saraf had said in his judgment.

(Note: According to the Calcutta High Court website this case was disposed of on November 28, 2019. No order was uploaded.)

Source: Barandbench

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