Constitutional LawReportable

Married Daughters and Compassionate Appointment: Supreme Court Strikes Down a Ration Shop Scheme's Exclusion of Married Daughters as a Gender Stereotype

Supreme Court of India2 Jun 2026Civil Appeal No. 7667 of 2025

Kulsum Nisha vs. State of U.P. & Ors.

Verify original judgment on sci.gov.in โ†—

The Supreme Court struck down a Uttar Pradesh government order excluding married daughters from the 'family' definition for compassionate fair price shop allotment, holding the exclusion rests on an unconstitutional gender stereotype, and read the provision purposively to include married daughters who prove actual dependency and residence.

ShareWhatsAppX
"My mother ran our village's fair price shop, and even after I got married, I never left โ€” I stayed right here, working beside her, helping run that shop day after day. When she passed away, I became the only one left to support my four sisters, one of whom is visually impaired and needs my care every single day. I applied to take over the shop, the way any dependent child would, and I was told, flatly, that it doesn't matter how much I've sacrificed or how dependent my family is on me โ€” because I'm married, I simply don't count as 'family' anymore. As if a wedding erased twenty years of living in this house, caring for this family, and running this shop."

Moral Universe

The appellant frames herself as a devoted daughter and caregiver whose lived reality of continued residence, labor, and responsibility for her family is being erased by an arbitrary legal label ('married') that has nothing to do with the actual facts of her life.

Emotional Driver

A deep sense of injustice at being defined out of her own family by a bureaucratic rule, compounded by the practical urgency of needing income to support her visually impaired sister and other siblings.

Objective

To be recognized as a dependent of her deceased mother and be allotted the fair price shop dealership so she can continue supporting her sisters.

Blind Spots

The personal narrative centers on her own dependency and contribution but does not directly engage with the State's separate residency requirement โ€” though the judgment ultimately finds this requirement should be assessed on facts rather than used to justify a blanket exclusion.

Inherent Tensions

  • โ€”Lived, factual dependency and continued residence with the natal family versus a rigid legal definition that erases both upon marriage
  • โ€”The State's stated concern about residency/eligibility versus the reality that this concern could be addressed through individualized fact-finding rather than a categorical exclusion
  • โ€”The welfare purpose of compassionate allotment (aiding an actual dependent family) versus a definition that excludes an entire class of women based on marital status alone