Plea in SC seeks uniform, gender-neutral laws for inheritance and succession across religions; says it is necessary for gender-justice

A petition has been moved in the Supreme Court calling for laws relating to succession and inheritance to be gender-neutral, religion-neutral, and uniform for all citizens, while invoking Articles 14, 15, 21 and 44 of the Constitution and international conventions..The plea filed through Advocate Ashwini Kumar Upadhyay argues that the varying laws on succession and inheritance which presently prevail are discriminatory against women. .The plea states, "(the) injury caused to the citizens is extremely large because gender-biased and religion biased personal laws relating to succession and inheritance are not only against the constitutional ethos of gender justice & gender equality, guaranteed under Articles 14-15 but also against the dignity of women, which is an important element of right life to life & liberty, guaranteed under Article 21 of the Constitution.”.The petition avers that uniformity in succession and inheritance is not only necessary to secure gender justice, gender equality and the dignity of women, "but also essential to promote fraternity, unity and national integration but, Centre has not taken any steps in this regard till date. Therefore, a blatant form of discrimination that is the prejudice in the succession and inheritance based on gender and religion is continuing.”."Even after 73 years of independence 70 year of becoming sovereign socialist secular democratic republic; Centre has failed to provide gender neutral and religion neutral uniform grounds of succession & inheritance in spirit of the Articles 14, 15, 21, 44 and international conventions."reads the plea.The plea notes that the Hindus, Buddhists, Sikhs and Jains are governed by the Hindu Succession Act, 1956, whereas Christians, Parsis and Jews are governed by the Indian Succession Act, 1925. Muslims are governed by the Shariat Act, in which the share of female heir is half of the male heirs, it is further stated..The petition makes the following prayers:to declare that the discriminatory grounds of succession and inheritance are violative of Articles 14, 15 and 21 of the Constitution, issue directions to frame gender-neutral, religion-neutral, uniform guidelines of succession and inheritance for all Indian citizens, alternatively, to direct the Law Commission of India to examine the Laws relating to succession and inheritance of developed countries and International Conventions and to prepare a report on ‘uniform grounds of succession and inheritance’ for all citizens in the spirit of Articles 14, 15, 21, 44 of the Constitution within 3 months..The plea also cites examples of Uniform Civil Code as it exists in some parts of India and abroad. In this regard, it is stated,"Goa is the shining example which has a uniform civil code. The Goa family law is the set of civil laws, originally the Portuguese Civil Code continued to be implemented even after its annexation. Having uniform law of succession and inheritance based on values and ethos of equality justice fraternity and scientific temper, will strengthen constitution spirit and cherishes what our founding fathers thought for India."