PREROGATIVES OF BOTH AS
A DAUGHTER-IN-LAW & A DAUGHTER
IN A FAMILY TO ALLOW SECONDARY FAMILY PENSION.
21st meeting of the Standing Committee of Voluntary Agencies (SCOVA)
was held on 27.09.2012 at
Civil Services Officers' Institute (CSOI), Kasturba Gandhi Marg, New
Delhi. An extract of Minutes
recorded on Date: 10th October, 2012 by the Pension Ministry is
appended below.
Sl No. 9 of ATR :
Extension of secondary family pension to dependent widowed
daughter-in-law.
In view of the decision of
the Government not to grant family pension to a widowed daughter-in-law, the
item was closed.
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In a family of parental
or in-laws side, both the daughter and daughter-in-law share the customary
duties required to follow and adopt in practice are being performed both in the
capacity of a daughter-in-law. The following points for reconsideration of
Powers-that-be.
1. Regarding a Right to
Pension (Secondary Family Pension) in favour of a widowed daughter-in-law,
there has been a notional thought of adversary is known from a reply to a Scova
(Item No.9 of Action Taken Report) furnished above. To have a dispassionate
conception on the issue, the following points are worth for reconsideration.
2. Both a daughter and a
daughter-in-law will have blood relationship with the parentsand as well as
parents-in-law. There is a custom to enter into marriage alliances between the
children of Sisters and Brothers. There is also a custom of doing marriages
between the children of Cousins’ Brothers and Sisters.
3. A daughter (Bride)
when given in hand to prospective husband (Bridegroom) before elders by Parents
or in their absence by somebody on behalf of bride’s parents perform KANYADAN
(Bride Donation) amidst chant of vedic hymns. After this auspicious ceremony,
the bride will assume the Surname and Gothram (these are hereditary of in-laws
& bride groom) same Gothram and Surname of Parents performing themselves.
From this point, the daughter-in-law would gain the important family member
status while the daughters role will turn into back seat in the family.
4. Whenever and at any
time the in-laws expires, only the sons and daughters-in-law of the deceased
have the rights to perform funeral obsequies and the daughters and sons-in-law
of the deceased will take a back position in offering the last prayers to deceased
persons after the turn of important Kartha (Sons – while functioning as pallbearers
& the eldest one in lighting the funeral pyre)
5. Unless there are a
few compelling divorcees/desertions in the family, the daughters-in-law will
continue in everybody’s life-time in managing their house holds including the
welfare of sisters-in-law (Husbands’ Sisters) and thus never go back to parental
houses. They have absolute property rights.
6. During the Regime of
late Dr.N.T.Ramarao as Chief Minister of Composite Andhra Pradesh, looked into
the plight of daughters into consideration and made Law providing a share in
the property of daughter’s parents along with sons. Thus the daughters were
also protected while facing wedlock atrocities – such as Dowry, Misunderstandings,
Misbehaviour etc. By this, late NTR did not take away the rights of a
daughter-in-law. All are protected.
7. Some of the Pensioners
do not bear daughter(s) but only son(s). And also, the daughter’s-in-law
parent(s) may not be Pensioners but only bread winners by having some vocation
or agriculture field yields.
8. Majority of Hindus
& other religions follow the above customs but, it is learnt, some section
of parents do not look into the welfare of their own daughters the moment after
wed-lock performance in the presence of elders with the consent of both the Bride
and Bride Groom. It is also known that whenever any parents visit the residential
house of their daughter after marriage, they go carrying their own food including
drinking water without entertaining any hospitality of daughter. Perhaps it is due
to keeping away from any possible misunderstandings, if any, on the part of their
in-laws, wishing only the wellness and security of their daughters. Likewise,
the Powers-that-Be should not also neglect one section of the daughters turned
into
daughters-in-law in
ensuring equality amongst the same gender.
9. Whenever any one of
the parents-in-law expire, the daughters-in-law by custom will have priority
and they alone to prepare food offerings orthodoxy manner (to Purohits/Bhokthas)
while their husbands perform worship (pujas) to the departed soul and after for
specified periods occasionally till one year and during their life time perform
annual ceremonies which are customary. The daughter of lost parents will also
observe mourning for 3 days and lead normal life thereafter including breaking
a coconut while going into the sanctum sanctorum of a temple. It is not so with
the daughter-in-law. She should follow the husband by mourning for 11 days from
the day of death and should not enter the sanctum sanctorum of a temple and
break
coconut any where while
offering Puja till they complete Annual Ceremonies (3 days) for the departed
souls.
10. Daughters-in-law
when having absolute property right, they should have right to secondary family
pension of their in-laws and Pension of husband. When the husband of
daughter-in-law (Son) is unemployed and/or not a pensioner, the secondary
family pension of their in-laws having a pensionable job has to be assured.
However, the share of dependent daughter, if any, should also be protected as
in the case of a property.
11. The grand children
of Sons/Daughters who are the lien-holders of the parents and as well as
parents-in-law are also made it eligible under specified conditions of secondary
family pension or that of their father/mother. In other words, they all will have
the same blood relationship in any form.
12. In sum, whether a
daughter-in-law or a daughter, both have importance in every family in their
respective house hold affairs and management according to customary methods and
in a single life achievement of building in their respective Hereditary Trees
of Family (Vamsham) Growth.
In the
above circumstances of the case in favour of a Daugthter-in-Law to become
eligible for Secondary Family Pension according to her turn, is all the more a
necessary dispassionate move to meet the ends of natural justice. Powers- that-
be may kindly consider and reconsider again on the proposal and also to take up
with on going 7th CPC Decision, if required.
Proposed by:
M. Chandramowli, Secretary, Bharat Pensioners’ Samaj, New Delhi 110 014 (and also)
Secretary Postal Officers’ Pensioners’ Association (POPA) Hyderabad
500020 – Mobile
9441072434 - eMail : chandramowlim@yahoo.co.in
Seconded by:
Lajpat Rai
I.R.S.,(Retd-Dy.CIT.,) & Advocate (Patron of Cen.Rev.(I.T.) Retd.Officers’ Association,
Rajasthan, JAIPUR
residing in Janakpuri-New Delhi –Mobile 08447020800 & Member,
Managing Committee – Bharat Pensioners’ Samaj.
eMail:
lajpatrai76b@gmail.com
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