Don’t demean Hindu society: Top court on Succession Act

Noting that it would be wary of shattering the Hindu social structure and its basic tenets that have been in existence for thousands of years, the Supreme Court has said it would move cautiously while examining challenges to provisions of the Hindu Succession Act, 1956.

“Do not demean the structure of the Hindu society that we already have. As a court, we are putting you to caution. There is a Hindu social structure and you do not bring it down... We do not want our judgment to break something that has been there for thousands of years,” a Bench of Justice BV Nagarathna and Justice R Mahadevan said.

The top court was hearing petitions challenging Section 15 of the Act, according to which when a Hindu woman dies intestate, her property devolves to her husband’s heirs first before her own parents.

Wary of disturbing age-old tenets

While women’s rights are important, there has to be a balance between social structure and giving rights to women. We don't want our judgment to break something that has been there for thousands of years. SC

The comments came after senior advocate Kapil Sibal, representing one of the petitioners, submitted that the provisions under challenge were exclusionary and discriminated against women. He said women can’t be denied equal inheritance rights simply because of traditions.

On behalf of the Centre, Additional Solicitor General KM Nataraj defended the Act as “well-crafted” legislation and alleged that the petitioners were seeking to “destroy the social structure”.

While women’s rights were important, there had to be a balance between social structure and giving rights to women, the Bench said, while sending the parties to the Supreme Court’s mediation centre to explore the possibility of an amicable settlement, pending consideration of the broader issues.