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4h ago

Supreme Court Cites Gotra, Takes Cautious Line on Childless Widow Inheritance Rule

The bench signaled reluctance to strike down Section 15’s scheme, scheduling a November 11 hearing.

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During the hearing, the Supreme Court bench repeatedly emphasised that while some disputes before it involved difficult family circumstances, courts must avoid allowing “hard facts” to dictate the making of “bad laws.” (HT)

Overview

  • Justices BV Nagarathna and R Mahadevan invoked concepts such as gotra change and kanyadaan to underscore the cultural context of Hindu succession.
  • The court said it was prima facie not inclined to invalidate the provisions and warned that hard facts should not lead to bad law or disrupt long‑standing social structures.
  • The bench referred the parties before it to the Supreme Court Mediation Centre to seek settlements while keeping the broader constitutional questions open.
  • Petitioners, represented by senior advocates including Kapil Sibal and Menaka Guruswamy, argued the scheme is exclusionary and discriminatory against women.
  • The Centre, through ASG KM Nataraj, defended Sections 15 and 16 as well‑crafted, noting that under Section 15(1)(b) a childless Hindu woman’s intestate property can pass to her husband’s heirs before her natal family.