The Supreme Court has expressed caution while hearing petitions challenging Section 15 of the Hindu Succession Act, 1956, which states that if a Hindu woman dies intestate, her property goes first to her husband’s heirs before her own parents.
A bench comprising Justices BV Nagarathna and R Mahadevan emphasized the need to preserve the traditional structure of Hindu society. The court stated that it does not want its judgment to dismantle social norms that have existed for thousands of years, urging all parties to proceed carefully. “Do not demean the structure of Hindu society that has been in place for centuries,” the bench remarked.
The petitions argue that the provision discriminates against women, denying them equal inheritance rights. Senior advocate Kapil Sibal, representing the petitioners, contended that such laws are exclusionary and violate gender equality principles.
On the other hand, Additional Solicitor General KM Nataraj, representing the Centre, defended the law, calling it a well-crafted piece of legislation and argued that the petitioners’ claims could disrupt the social structure.
The bench acknowledged the importance of women’s inheritance rights but highlighted the need to maintain a balance between individual rights and traditional social structures. The court directed the parties to the Supreme Court mediation center to explore an amicable resolution while it continues to examine the broader legal and social implications of the case.
This case underscores the tension between modern gender equality demands and longstanding societal customs in India.
