The Supreme Court asked the Indian Air Force to rethink denying family pension to stepmothers of deceased servicemen. It emphasized that being a biological mother should not be the only basis for support under the pension scheme.
New Delhi: The Supreme Court has taken a significant step that could change the interpretation of motherhood in military pension policies by directing the Indian Air Force (IAF) to review its decision of denying family pension benefits to stepmothers after the death of a serviceman.
This request arose during the hearing of a case brought by a woman who had raised her stepson from the age of six but was denied pension benefits on the basis that she was not his biological mother.
A three-judge Bench consisting of Justices Surya Kant, Ujjal Bhuyan, and N. Kotiswar Singh challenged the IAF’s rigid interpretation of the term “mother” in its pension regulations, advocating for a more compassionate, inclusive, and realistic approach.
The Bench highlighted that when a woman assumes the role of a motherthrough raising, nurturing, and caring for a child denying her pension solely based on the lack of a biological connection undermines principles of equity and compassion.
The Court remarked,
“Just because she is not a biological mother, should she be left without any support despite devoting her life to the child?”
The judges stressed that welfare laws, particularly those designed to assist bereaved dependents, should reflect the complexities of modern family dynamics rather than adhere to outdated legal definitions.
The case involved the death of an IAF personnel, whose stepmother had cared for him since childhood and applied for both Ordinary and Special Family Pension. Her claim was rejected by the authorities, who pointed to Air Force Pension Regulations that narrowly define “mother” as only a biological or legally adoptive parent.
The Armed Forces Tribunal upheld the IAF’s decision in 2021, prompting the petitioner to take her case to the Supreme Court.
However, the apex court chose not to approach the issue through a strictly legalistic framework, instead invoking principles of constitutional morality, justice, and the evolving nature of family in Indian society.
While the Court has yet to issue a binding ruling, its comments indicate a potential shift in policy not just within the armed forces, but also in how welfare programs across the public sector define family relationships.
This case may encourage the defense establishment and lawmakers to re- evaluate current regulations and consider recognizing stepmothers and other non-biological guardians who have effectively taken on parental roles.
Case Title: JAYASHREE Y JOGI Versus UNION OF INDIA AND ORS.
Diary Number: 53874-2023
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