SC asks Centre to respond in four weeks to PIL challenging Hindu Succession Act provisions
Tribune News Service
New Delhi, April 5
Terming it “an interesting case”, the Supreme Court on Tuesday asked the Centre to respond in four weeks to a petition challenging the validity of Section 15 and Section 16 of the Hindu Succession Act, 1956 which allegedly discriminated against women.
The petition alleged that the provision discriminated against women in devolution of property in case of a woman dying intestate (without a will) as against a similarly situated man.
Section 15 provides for general rules of succession in the case of female Hindus while Section 16 deals with male Hindus dying intestate.
Asking the Centre to spell out its stand on the issue, a three-judge Bench led by Justice Dhananjay Chandrachud posted the matter for further hearing after six weeks.
“The contention of the petitioner is that where a female Hindu dies intestate, the property would devolve upon first upon the sons and daughters and the husband and then on the heirs of the husband and it only thereafter that the mother and the father are recognised,” the court had earlier said.
Noting that the petition raised an important question of gender equality, the top court had in February 2019 issued notice in the matter and appointed senior advocate Meenakshi Arora as amicus curiae to assist it on the issue.
“Section 16 specifies that among the heirs referred to under sub-section (1) of section 15; those in one entry are to be preferred to those in any succeeding entry. On the other hand, in the case of a male Hindu dying intestate, section 8 stipulates that the estate will first devolve upon the relative specified in class I of the schedule,” it had noted.
