By Niyati Dhiman

In a significant ruling, the Calcutta High Court condemned the practice of discriminating against children born from void marriages in the context of compassionate employment. Justice Ananya Bandopadhyay held that such discrimination, based on the source of a child’s birth, is “reprehensible” and unconstitutional.

The case involved a younger son of a deceased railways employee, who was denied compassionate employment because he was born to the employee’s second wife, whose marriage was considered void. The first wife and the other son had no objection to the appointment. However, the rejection was based on a circular dated 02.01.1992, which Justice Bandopadhyay found unconstitutional. She referred to a previous Supreme Court ruling in Namita Goldar v. Union of India (2010), which had struck down similar discriminatory practices.

The court emphasized that the purpose of granting compassionate employment is to alleviate financial difficulties following the death of the breadwinner, and such appointments should not be denied based on the legitimacy of a child’s birth. It was further noted that a child should not be judged by the legitimacy of its parents’ marriage, as doing so violates the equality guaranteed under Article 14 of the Indian Constitution.

Justice Bandopadhyay concluded that the younger son, despite the void marriage, was entitled to compassionate employment in place of his deceased father. The plea was thus allowed, ensuring that the petitioner would not be discriminated against due to the circumstances of his birth.

Case Title: Smt. Lachhmina Devi & Anr. v. Union of India & Ors.

Citation: WPA 24082 of 2013

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