The Supreme Court of India has taken up the case to determine if a stepmother qualifies for a family pension under the Indian Air Force (IAF) regulations, highlighting the evolving definition of what constitutes a “mother.” The bench, comprising Justices Surya Kant and N Kotiswar Singh, raised concerns about the IAF’s refusal to grant a family pension to Jayashree, who has been the primary caregiver for her stepson, Harsha, since he was six years old.
During the proceedings, Justice Surya Kant critiqued the narrow interpretation of “mother” within the current IAF regulations, stating, “Mother is a very wide term.” He elaborated on scenarios where a stepmother assumes all maternal duties following the biological mother’s death, questioning the fairness in denying her the family pension rights.
The issue arose from the IAF’s adherence to a stringent guideline that only recognizes biological mothers for pension benefits. This policy was supported by past judgments which the IAF counsel cited to justify the exclusion of stepmothers from receiving family pensions.
However, the bench challenged this rationale, suggesting that regulations are adjustable and not constitutionally mandated, thereby questioning the logic that precludes a stepmother from receiving a pension. “Regulations are something which you have decided,” Justice Kant remarked, pushing for a reevaluation of these criteria based on more inclusive family dynamics.
The justices were apparently dissatisfied with the arguments presented by both sides, noting a lack of preparation. They instructed the attorneys to review relevant judgments from the Supreme Court and the Punjab and Haryana High Court that have addressed similar issues concerning stepmothers and pension rights in civil services.
The case was adjourned until August 7, giving time for further deliberation. Jayashree’s plea challenges a decision by the Armed Forces Tribunal on December 10, 2021, which upheld the IAF’s ruling to deny her the family pension after the death of her stepson, who served in the air force.
