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Daughters In-Law eligible for Allotment of Fair Price Shop

Daughters-in-law eligible for allotment of fair price shop on compassionate grounds: Prayagraj HC

In India, we live in a patriarchal society where men are still given as first priority for business dealings and work, whereas women are always being prioritized below men, pushing them towards more household work.

It has always been witnessed that women are constantly fighting for their right of being treated equally in family-related matters or even in the workplace.

When a woman becomes a widow due to the demise of her husband for any reason, it is often observed that widow daughters-in-law are compelled to leave their marital home by their in-laws.

A shop with a license to distribute necessities to ration card holders under the Targeted Public Distribution System is referred to as a Fair Price Shop.

Recently, a Judgement came by Allahabad High Court, which states the daughter-in-law is qualified to receive a fair shop allocation out of compassion. The bench of Justice Manish Mathur cited a High Court decision from earlier in which it was stated that a widowed daughter-in-law is eligible for a fair price shop allocation out of compassion.

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It noticed by the petitioner, Sharma Devi, out of compassion, a writ petition was submitted for the allocation of a fair price shop, but the government authority rejected the request, claiming that Sharma Devi does not fall under the definition of “family” as set forth in Paragraph IV Clause 10 of the Government Order.

The council submitted the application of the petitioner stating that her father-in-law was the possessor of the fair price shop agreement holder who passed away, by which a daughter-in-law out of compassion asked for the allotment of the fireplace shop.

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The later court perceived the facts and passed the judgment in favor of Sharma Devi, that although a daughter-in-law is not included in the government order’s definition of “Family” as of the date 5 August 2019, the court still made the decision that was deemed to be ultra vires in the case of U.P Power Corporation Limited. The Court further declared that it is irrelevant whether a daughter-in-law is still alive or has passed away. As a result, it is thought that it would be unfeasible to deny the petitioner’s request for a fair price shop out of compassion. 

This was a very remarkable Judgment passed by the high court of Allahabad, which was very considerate about the rights of daughter-in-law not only in case when their husband passed away but also in case when their in-laws are no more.

By this judgment, the definition of a family is also changed where the earlier daughter-in-law was not covered in the ambit of the family which is being purported in Paragraph IV Clause 10 of the Government Order on 5th August 2019. But now those women will be given preference and priority in case of fair price shops.

It is very important to consider women given equal rights and opportunities in every aspect of life, though by this great judgment, we move a penny upward in getting the rights of women getting delivered

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