Apex Court Seeks Centre’s Reply on a Plea Challenging the Section 15 of Hindu Succession Act, 1956, As Discriminatory Against Women

(Judicial Quest News Network)

The Apex Court on Tuesday while hearing a petition challenging the constitutional validity of Section 15 of Hindu Succession Act, 1956, granted the Central government four weeks to file its counter affidavit.

The Bench of Justices DY Chandrachud, Surya kant b and Bela M Trivedi observed that “this is an interesting case” and posted the case for hearing adfter six weeks.

The petitioner challenges the provision arguing that there is discrimination in the devolution in case of a women dying intestate, in comparison with rules for devolution where a male has died intestate.

Prior to the writ petition, the special leave petition was filed by Advocates Mrunal Buva and Dhairyashil Salunkhe. The special leave petition was filed against the order of the Mumbai High Court. In February, 2019, while issuing notice on the petition, the apex court had stated that “during the hearing, the parties tried to examine the possibility of a settlement. The dispute was settled through the mediation of the lawyers. The court then issued a notice in February, 2019 stating that “the writ petition filed before this court under section 32 raises an important question of gender equality”. The Copy of Writ Petition was directed to be served to the Attorney General’s office.

The Apex Court appointed Senior Advocate Meenakshi Arora as an Amicus Curiae.

During the hearing of the said writ petition on January 31, 2022, Justice Chandrachud decided to hold a final hearing in detail. Justice Suryakant agreed and said that it should be taken before a bench of 3 judges. After Justice Chandrachud agreed, the bench directed that the matter be heard before a three-judge bench. Mrunal Dattatraya Buva, counsel for the petitioner, sought permission to file a detailed written submission. Concerned lawyers will be allowed to file their written submissions before the next hearing date, the bench said.

Section 15 of the Hindu Succession Act, 1956 gives priority to the heirs of the husband over the parents of the deceased; if a Hindu woman dies without making a will. Since the husband is alive at the time of her death, he takes all her property without leaving any share for her own mother or father; This is because they come in the next order in comparison to the hierarchy of the Hindu man dies intestate whose mother is provided in the class 1 heir class

The petitioner submits that Section 15 and Section 16 of the Hindu Succession Act, 1956 are highly discriminatory.

Her own property is not inherited by her original heirs.

These sections therefore violate the scheme of the Indian Constitution and are therefore unconstitutional.

The question may also arise as to whether the judiciary should interfere in individual laws.

However, it would be a flaw that while society is moving towards gender equality, the Hindu Succession Act discriminates based on gender.

Laws that discriminate on the basis of gender alone can be questioned. Furthermore, there have been progressive changes in Hindu law itself to remove gender discrimination.

Thus the judiciary has the right to intervene in the latter case. It is completely irrelevant whether personal law was established on practice or religion or codified or not, if it is a rule of law and decision, since it violates the concept of gender equality, the same is challenged under Part 3 of the Constitution.

The petitioner had contended that the discrimination in the above provisions is only based on gender.

The petitioner further said that The fundamental right to equality guaranteed under Article 14 of the Constitution, manifested in its scope, the values of equality, gender equality, gender equality and gender justice are embedded in the guarantee of equality under Article 14, social status based on patriarchal values or social status based on male compassion are completely inconsistent with Articles 14 and 15 of the Constitution.

The rights of Hindu women to human dignity, social dignity and self-respect are important aspects of the right of women to live with dignity under Article 21 of the Constitution.

Gender justice is a very important constitutional goal, without which half of the country’s citizens will not be able to fully enjoy their rights, status and opportunities.