New Delhi — The Supreme Court on Thursday said it would proceed cautiously while considering petitions challenging provisions of the Hindu Succession Act, 1956, warning against disrupting the long-standing Hindu social framework.
A bench of Justices BV Nagarathna and R Mahadevan made the observations while hearing pleas questioning Sections 15 and 16 of the Act, which deal with the inheritance of property of Hindu women who die intestate.
“Do not demean the structure of the Hindu society that we already have. As a court, we are putting you to caution. There is a Hindu social structure and you do not bring it down… We do not want our judgment to break something that has been there for thousands of years,” the bench observed.
The court stressed the need to strike a balance between women’s rights and the preservation of social traditions. The matter has been referred to the Supreme Court’s mediation centre for possible settlement while larger issues remain under consideration.
Senior advocate Kapil Sibal, appearing for one of the petitioners, argued that the provisions were discriminatory and exclusionary, contending that women should not be denied equal inheritance rights based on tradition.
Defending the Act, Additional Solicitor General KM Nataraj submitted that the legislation was “well-crafted” and that the petitioners were attempting to undermine the existing social structure.
Currently, Section 15 of the Act stipulates that if a Hindu woman dies without a will, her property devolves first to her husband’s heirs before her own parents, a provision now under challenge.
