Single-judge Justice Devan Ramachandran said that the State’s decision smacked of archaic patriarchal notions since it was based on the ground that two of her brothers were in a position to take care of her.
“I am afraid that the afore submissions of the learned Government Pleader – which are also reflected in Ext.P5 – smack archaic patriarchal notions. Merely because the petitioner has two brothers, an automatic assumption drawn that she would be taken care of by them for her life, can only be seen to be one solely on account of the afore notions and nothing else,” the Court said in its judgment.
It, therefore, directed the State to reconsider her claim.
The Court was considering a petition moved by one Neena, the daughter of late T Achuthan who was a freedom fighter.
She had challenged an order of the State government that had rejected her request for freedom fighter’s pension on the ground that two of her brothers are well-to-do and would take care of her.
Source: Barandbench
