Hindu woman entitled to equal property rights: SC

The Supreme Court ruled that the female inheritors would have succession rights and the same liabilities fastened on the property along with the male members.

A Hindu woman or girl will have equal property rights along with other male relatives for any partition made in intestate succession after September 2005, the Supreme Court has ruled.

A bench of justices R. M. Lodha and Jagdish Singh Khehar in a judgment said that under the Hindu Succession (Amendment) Act, 2005, the daughters are entitled to equal inheritance rights along with other male siblings, which was not available to them prior to the amendment.

The apex court said the female inheritors would not only have the succession rights but also the same liabilities fastened on the property along with the male members.

“The new Section 6 provides for parity of rights in the coparcenary property among male and female members of a joint Hindu family on and from 9 September 2005. The legislature has now conferred substantive right in favor of the daughters.

“According to the new Section 6, the daughter of a coparcener becomes a coparcener by birth in her own rights and liabilities in the same manner as the son. The declaration in Section 6 that the daughter of the coparcener shall have same rights and liabilities in the coparcenary property as she would have been a son is unambiguous and unequivocal,” Justice Lodha, writing the judgment, said.

The term coparcener refers to the equal inheritance right of a person in a property.

The apex court passed the ruling while upholding the appeal filed by Ganduri Koteshwaramma, daughter of late Chakiri Venkata Swamy, challenging the Andhra Pradesh High Court’s decision not to recognize equal property rights of women along with their male siblings.

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No Adverse Impact on Society by Legalising Gay Sex - Gay rights activists say

Gay rights activists today argued before the Supreme Court that decriminalising gay sex has not made any negative impact on society as apprehended by people opposing homosexuality.

"Almost nine months have passed since the judgement was announced and no harm has been caused to Indian society or culture or traditions," Naz Foundation, an NGO on whose petition the Delhi High Court had legalised gay sex, said in its reply.

The NGO opposed the contention that legalisation of gay sex would result in spreading of AIDS in the society and submitted that there is no scientific basis for it.

The NGO filed its response against various petitions filed by anti-gay rights activists and religious organisations seeking quashing of July 2 landmark verdict of the High Court legalising gay sex between consenting adults in private, which was earlier a criminal offence punishable with up to life imprisonment.

"Homosexuality is not a concept alien to Indian culture. In fact, it has been an inherent part of the Indian culture and civilisation," the NGO claimed, adding "criminalisation of sexuality, on the other hand, including homosexuality, is alien to Indian culture."

The apex court had earlier issued a notice to the Centre on a petition filed by a Christian body, a disciple of Yoga guru Ramdev and a astrologer Suresh Kumar Kaushal seeking a stay on the High Court verdict legalising gay sex on the ground it will have a catastrophic effect on the society's moral fabric.

All the petitioners have sought setting aside of the July two High Court verdict legalising gay sex between consenting adults in private.

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