Srinagar- The Central Administrative Tribunal has dismissed as “meritless” a plea, seeking cancellation of compassionate appointment of a widow for marrying again, underlining that rights under Article 21 of the Constitution of India cannot be curtailed on account of remarriage by a woman.
A bench of M.S. Latif (Member (J)) and Prasant Kumar (member (A)) underlined that companionship of choice by remarriage by a widow cannot be denied as companionship is one of the faculties by which life can be enjoyed.
‘The right of remarriage is a personal choice of the individual and right to marry with the person of his or her choice is an integral part of Article 21 of the Constitution of India. Companionship of choice by remarriage by a widow cannot be denied as companionship is one of the faculties by which life can be enjoyed,” the Bench said, adding, “Merely because compassionate appointment has been obtained by an individual, he or she cannot be forced to sacrifice his or her fundamental rights enshrined under Article 21 of the Constitution of India.”
Rights under Article 21 of the Constitution of India cannot be curtailed on account of remarriage by a widow, the Bench said.
“Even if a statutory provision is enacted to prohibit a remarriage by a widow, as a condition for employment under compassionate appointment rules, its validity may be liable to be challenged for breach of Fundamental Rights guaranteed under Article 21 of the Constitution of India,” the Bench said and refereed to a number of judgments by the Supreme Court of India in which it has been held that remarriage may be a social or a biological human necessity or it may be on account of oppressive or aggressive nature of certain anti-social elements, but that cannot be made the basis for termination of service.
The Bench was hearing an application filed by erstwhile mother-in-law and brother-in-law of the woman who had been appointed on compassionate basis following the death of her husband in harness on 18 September 2014.
“Here, we would like to add that the 5th respondent (woman) is a Muslim by faith/religion and Islam nowhere prohibits remarriage of a widow which is also countenanced by the constitutional guarantee as enshrined under Article 21 of the Constitution of India and there is no restrain by any personal law against remarriage,” The Bench said, adding, “In our social fabric and ethos it may be true that a daughter-in-law has to look after the old parents of her husband but she is not obliged to do it. If she does it, she does it for her own good in this world and hereafter.” Subsequently, the Bench dismissed the petition being devoid of merit.
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