The Lucknow bench of Allahabad High Court on Tuesday ruled that the child born out of rape has inheritance rights in the property of the biological father, reports Times of India.
However, the right is subjected to the personal law to which the child belongs.
The child would be treated as an illegitimate child of the biological father. However, if he/she is given in adoption, the child will not have the right to inheritance. Newly born girl will be given for adoption. If the child is not taken in adoption by anyone, no directions of the court would be required and she would inherit the property of her biological father by operation of the personal law by which she is governed.
Allahabad HC
The Allahabad High Court also directed Uttar Pradesh government to provide an additional Rs 10 lakh compensation to a minor rape survivor and make arrangements for her free residential education up to degree level and employment thereafter. The state government had already provided three lakh as compensation.
The court also made it clear that it was not giving any specific direction for inheritance of property in this case because it may have grave consequences, if father starts claiming some special reproach privileges over the minor like rights of visitation or custody, which is undesirable. Further, the court said, since the criminal trial is yet to commence against the alleged biological father, there is a possibility that a direction relating to inheritance in his property may be used by the accused in some form as his defence or even otherwise during his trial.
The rights of inheritance in the property of a biological parent is a complex personal law right which is guided by either legislation or custom. It may not be possible to judicially lay down any norm or principle for inheritance by a minor who is born as a result of rape. Such attempt by the court would amount to legislation by judicial pronouncement and would operate as precedent in times to come. It would not therefore be desirable to venture into this field and accordingly we leave it open for the appropriate legislature to deal with this complex social issue.
Allahabad HC
Read the full report here.
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