The Supreme Court has questioned the Indian Air Force's (IAF) decision to deny family pension benefits to stepmothers, calling for a more compassionate and inclusive interpretation of the term "mother" in its pension regulations.
The case involves Jayashree Y. Jogi, who raised her stepson from the age of six after his biological mother's death. Following his death in 2008 from aluminium phosphide poisoning, her claim for Special and Ordinary Family Pension was rejected, citing that she was not his biological or legally adoptive mother and that her family income exceeded the limit set by the Ministry of Defence.
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A three-judge Bench of Justices Surya Kant, Ujjal Bhuyan, and N. Kotiswar Singh criticized this rigid definition, stressing that welfare laws should reflect modern family structures.
"Just because she is not a biological mother, should she be left without any support despite devoting her life to the child?" the Court remarked.
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Justice Surya Kant questioned whether benefits should go to an absent biological mother over a stepmother who has cared for the child, asking, "Why should 'mother' be a static expression?" Justice Bhuyan added, "[Mother] need not be a biological mother."
The petitioner’s counsel argued that pension provisions must be interpreted with a social and purposive approach, noting that IAF regulations already define a "motherless child" as one without a mother or stepmother.
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The IAF"s counsel maintained the regulations are clear and unchallenged, and that expanding the definition would require legislative change.
While the Armed Forces Tribunal upheld the IAF"s stance in 2021, the Supreme Court’s observations suggest a possible shift in how non-biological guardians are recognized.
The matter will be heard again on September 18.
Case Title: JAYASHREE Y JOGI Versus UNION OF INDIA AND ORS.
Diary Number: 53874-2023
