Empowering Women in Family Pension Matters: In circumstances of marital disagreement, children may be nominated for pension benefits rather than the spouse

Last Updated on January 2, 2024 by News Desk

Issue:

Recently, the Central Civil Services (Pension) Rules, 2021, were amended significantly by the Department of Pension and Pensioners’ Welfare (DoPPW). This change gives female employees the power to designate their children for family pensions, taking precedence over their husbands in cases of marital discord.

Facts of the Case:

The spouse of a deceased, government employee or pensioner first receives a family pension under the current regulations. Children and other family members can only apply when the spouse dies or loses eligibility. The latest change permits a female employee to choose her kid or children for family pension in preference to her spouse, especially in situations where divorce procedures or legal actions under the Dowry Prohibition Act or the Protection of Women from Domestic Violence Act are commenced.

Arguments Presented by Parties:

In light of the numerous comments it had received, the Ministry of Women and Child Development and the Department of Pension and Pensioners’ Welfare collaborated to draft this progressive amendment. Providing women with more influence over family pension concerns is the main goal. With regard to family pensions, DoPPW Secretary V Srinivas pointed out that the change fills in a big legal loophole by giving mothers a formal way to give their kids priority following divorce.

Reasoning of the Judgement:

The amendment acknowledges the special situation that female retirees or government employees confront while going through a divorce or pursuing legal action against their husbands. In the event that the mother passes away while the case is pending, it enables them to ask for the family pension to be granted to the qualifying kid or children before their spouses.

Judgement:

When divorce or other legal activities are ongoing, a female employee may make a formal request to the relevant head of office to receive family pension for her qualified kid or children before her spouse. In light of the amendment, this historic ruling affirms women’s rights in family pension affairs and represents a significant step into gender equality and development.  The amendment provides a legislative framework to protect children’s financial welfare in cases of marital strife involving government employees or retirees, in addition to addressing the concerns expressed by numerous ministries and agencies.

Written By: Nikita Shankar @nikitaashankar