Plea In SC Seeks Gender Neutral And Religion Neutral Law For Succession & Inheritance [Read Petition]

A PIL has been preferred in the Supreme Court  seeking 'gender neutral and religion neutral uniform grounds of succession and inheritance' for all Indian citizens, in spirit of the Articles 14, 15, 21, 44 and International Conventions.

Filed on behalf of Advocate Ashwini Kumar Upadhyay, the plea states that neutrality and uniformity in succession and inheritance is not only necessary to ensure gender justice, gender equality and dignity of women but also essential to promote fraternity, unity and national integration. The absence of these tenets has led to blatant continuation of prejudice on the basis of religion and gender, he states.

The plea avers that Indians from all religions are governed by their own set of personal laws which are against set out constitutional ethos.

"existing personal laws relating to succession and inheritance are not only against constitutional ethos of gender justice, gender equality & dignity of women but also brazenly offend Articles 14, 15, 21 of the Constitution and International Conventions," the plea reads.

Upadhyay's plea states that even after 73 years of independence & 70 years of becoming socialist secular democratic republic, Centre has not enacted a 'gender neutral and religion neutral uniform law of succession and inheritance' in spirit of the Articles 14, 15, 21, 44 and International Conventions and that "it is necessary to reiterate that Articles 14 guarantees equality before the law and equal protection of laws and Article 15 prohibits the State from treating men and women differently unless it can show reasonable basis for the classification it has created".

The petitioner justifies his prayer seeking uniform grounds of succession and inheritance by stating that implementation of the same shall strengthen Constitutional ethos as laid down in Part III & IV of the Constitution, adding that top court has reiterated the need for Uniform Civil Code in catena of judgments such as Shah Bano, Sarla Mudgal, Jose Paulo Coutinho, ABC v. State NCT of Delhi, John Vallamattom, Ahmedabad Women Action Group & Jorden Diengdeh. 

"Furthermore, on 26.11.1949, we have resolved to constitute a sovereign socialist secular democratic republic, and to secure its citizens: Justice, social economic and political; Liberty of thoughts, expression, belief, faith, worship; Equality of status & opportunity; and promote fraternity assuring dignity of individual and unity and integrity of the nation. But, despite above eloquent provisions, State has failed to provide 'uniform grounds of succession & inheritance'," the plea reads.

Further to this, it is stated that a Gender gap in property ownership is the most important reason for gender inequity and thus, there is no logic behind providing separate succession & inheritance schemes on the basis of gender & religion.

"2005 amendment Act which claims to be progressive with respect to coparcenary right, grossly overlooked the fact that the primary scheme of succession under 1956 Act is manifestly arbitrary," plea reads.

Elaborating on Goa's Uniform Civil Code, the petitioner states that State is "a shining example" of its implementation.

Apropos this, the prayer seeks removal of the anomalies in the grounds of succession and inheritance and make them gender neutral, religion neutral and uniform for all citizens.

Alternatively, a prayer for declaration that the discriminatory grounds of succession and inheritance are violative of Articles 14, 15, 21 of the Constitution has been sought.

It has also been contended that alternatively, the court may direct the Law Commission of India to examine the Laws relating to succession & inheritance of the developed countries and International Conventions in this regard and prepare a report on 'uniform grounds of succession and inheritance' for all citizens in spirit of Articles 14, 15, 21, 44 of the Constitution within 3 months.

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