The Constitutionality Of The Hindu Succession Act And The Legal Validity Of Personal Laws In India: A Critical Analysis
Kareena Amit Kanani, O. P. Jindal Global University
ABSTRACT
The present research paper delves into a detailed analysis of the constitutionality and underlying principles of the Hindu Succession Act, which was instituted in 1956 to govern the distribution, succession, and inheritance of property within the Hindu community. The study comprehensively evaluates the legal soundness of personal laws and the interpretation of personal laws within the purview of Article 13 of the Indian Constitution. The research article sheds light on the significance of personal laws, which pertain to regulations that are applicable to individuals who share commonalities such as blood, marriage, adoption, or affinity. The paper examines Section 15 of the Hindu Succession Act and its implications, which prescribe general norms and guidelines specifically for the succession of Hindu women. Furthermore, the study scrutinizes the key judicial precedents, including State of Bombay v. Narasu Appa Mali, Krishna Singh v. Mathura Ahir, Mary Roy v. State of Kerala, Shayara Bano v. UOI and the Sabarimala temple Case, that have contributed to the development of the interpretation of personal laws in India. In conclusion, this paper peruses scholarly opinions on the prevalence of gender discrimination exhibited by the HSA and evaluates the paradox of differing interpretations of Courts on said matter.
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