Srinagar (Jammu and Kashmir ): The Central Administrative Tribunal (CAT) in Srinagar has reaffirmed the inviolability of fundamental rights guaranteed under Article 21 of the Constitution of India, asserting that these rights cannot be abridged due to remarriage by a widow.
The tribunal's decision made the observation while dismissing a plea seeking to annul the compassionate appointment of a remarried woman, underscoring the importance of companionship through remarriage as integral to an individual's quality of life. Members of the bench, M S Latif (Member, Judicial) and Prasant Kumar (Member, Administrative), emphasized, "Rights under Article 21 cannot be restricted solely on the grounds of widow remarriage."
The CAT, last week, referenced previous Supreme Court rulings that underscored the social and personal significance of remarriage, noting that any statutory provisions limiting remarriage as a condition for employment could potentially violate constitutional rights. It cited a 1988 judgment in Smt. Subhwanti Devi vs. Siksha Adhikshak, Basic Siksha, Nagar Chetra, Allahabad & Ors., which held that remarriage may be a social or biological human necessity, and not a basis for termination of service even under challenging circumstances.
The case originated from a challenge brought by the mother-in-law and brother-in-law of a woman appointed on compassionate grounds after her husband's 2014 death while in government service. They argued that her remarriage invalidated her entitlement to the appointment, which they believed should benefit other dependents facing financial hardship.
