3-judge SC bench to hear plea challenging Sections 15 and 16 of Hindu Succession Act, 1956

A three-judge bench of the Supreme Court will take up the final hearing of a writ petition challenging the constitutional validity of sections 15 and 16 of the Hindu Succession Act, 1956 on Tuesday (April 5). A bench comprising of Justice DY Chandrachud, Justice Surya Kant and Justice Bela M Trivedi will hear the writ petition.

The matter was directed to a 3-Judge bench by Justice Chandrachud during a hearing of the writ petition back on January 31, 2022 to hold a final hearing in detail. The writ petition came to the SC after a special leave petition was filed against an order of the Bombay High Court.

The pending writ petition filed by Supreme Court Advocates Mrunal Buva and Dhairyashil Salunkhe challenges the constitutional validity of Section 15 and Section 16 of the Hindu Succession Act, 1956.

The Hindu Succession Act, 1956 governs succession laws for Hindu women. Section 14 of the Act clarifies Hindu woman is absolute owner of her property. Sections 15 and 16 give the rules of inheritance and the order of succession.

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The writ petition terms Section 15 and Section 16 of the Hindu Succession Act, 1956 as highly discriminatory. As per the petitioners, the relevant provisions of the Act do not consider a Hindu woman to be an independent person capable of transferring her property to her blood relatives. It argues that the discrimination in these legal provisions is based solely on gender and not on family ties.