‘Rape victim’s child can claim inheritance right’

Allahabad High Court has ruled that a child born after a rape has inheritance rights over the property of the assaulter, the “biological father,” and suggested that an appropriate law be enacted to deal with this “complex social issue.”

A Division Bench, comprising Justice Shabihul Hasnain and Justice D.K. Upadhayaya, said the child would be treated as an illegitimate child of the rape accused. The court, however, added that if the child was given away in adoption, he/she would lose that right.

“We may observe here that in the matter relating to inheritance, the manner of birth of a person is irrelevant; the rights of inheritance are governed by the Personal Law to which the person is subject, irrespective of the manner of birth,” the Lucknow Bench of the High Court said on Tuesday.

“It is irrelevant whether the child of a rape victim is born out of consensual sex or otherwise,” it said while ruling on a rape victim’s petition claiming property rights for her daughter. “It is thus noted that the rights of inheritance of the newborn would be governed by Personal Law and for that purpose she would be treated as an illegitimate child of her biological father,” the court said.

The Bench noted that the right of inheritance to the property of a biological parent was a complex Personal Law right which was guided by either legislation or custom.

It may not be possible to judicially lay down a norm or principle for inheritance by a minor born as a result of a rape.