The child would be treated as an illegitimate child of his/her biological father.
By Sreekanth A Nair
Allahabad High Court ruled that a child born out of rape has inheritance rights over the property of the assaulter, the “biological father”. In a significant judgment, the court also suggested that an appropriate law may be enacted by the legislature to deal with this “complex social issue.”
A Lucknow Division Bench, comprising Justice Shabihul Hasnain and Justice DK Upadhayaya, said the child born out of rape would be treated as an illegitimate child of the accused but will have inheritance rights to his property.
The court also added that if the child is given away for adoption, then he/she would not have any rights on the property of the biological father.
“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 consensual sex or otherwise,” the court said.
“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,” the court ruled.
The verdict was passed when hearing the petition filed by the family of a 14-year-old girl, who was raped and got pregnant. The family sought permission to terminate the pregnancy. But the panel of doctors appointed by the court suggested that abortion was dangerous after 21 weeks, which is the legal deadline for safe abortion.
The girl recently gave birth to a baby girl. The court also asked the government to give her one million Rupees as maintenance, to conceal her identity and make sure that she gets a job when she turns major.
The court clarified that “Notwithstanding the aforesaid observations, it is relevant to note that firstly this question does not really need a judicial pronouncement in the present case for the reason that if the newly born child is given in adoption, she will not have any rights of inheritance in the property of her biological father.”
“Secondly, even if the child is not taken in adoption by anyone, no directions of the Court would be required and she would inherit the property of her biological father by operation of the Personal Law by which she is governed.”