Allahabad High Court: ‘Child born out of rape has right over assaulter’s property’
- IWB Post
- November 5, 2015
The Allahabad High Court has ruled that a child born out of rape has all the right to inherit the assaulter’s (biological father) property.
Justice Shabihul Hasnain and Justice DK Upadhayaya said that the child would be treated as an illegitimate child of the rape accused and will have inheritance rights to his property. And if the child is given away for adoption, then he/she will not have any rights on the property of the biological father.
The statement goes like this: “We may observe here that in the matter relating to inheritance, the manner of birth of a person is irrelevant; the rights of inheritance of a person are governed by the Personal Law to which the person is subject irrespective of the manner of birth of the person. It is irrelevant as to whether the newly-born child of a rape victim is born out of consexual sex or otherwise. It is thus noted that the rights of inheritance of the newly-born child would be governed by her Personal Law and for that purpose she would be treated as an illegitimate child of her biological father.”
Brilliant move, agree?