Empowering the illegitimate

The SC verdict on inheritance rights is progressive and fair

Earlier this week a two-member bench of the Supreme Court decided that illegitimate children, born out of wedlock, have the same rights to ancestral property as legitimate children, born to married parents. The country’s higher judiciary deserves full marks for this progressive verdict, which is a step forward in empowering innocent offspring of unwed parents. The growing maturity of judicial opinion on such matters is reflected in the honourable judges’ observation that once live-in relationships are recognised by law, it is natural that “illegitimate” children must also be recognised in the same way as other children. That is consistency — a trait of maturity in a society. The advantage of the common law system is evident in the fact that by passing this judgment the court has written into law an important element of a just society. Why should a just society not treat illegitimate children on a par with legitimate children? After all, one cannot be held responsible for one’s own birth. How are we going to fight casteism if we believe that some children lose some of their rights for what their parents did or did not do? Indeed, the most important argument against discrimination by gender, race and caste is precisely this. Just as a woman did not choose to be a woman, but was born as such, illegitimate children did not choose to be illegitimate.

The judgment is also a blow in favour of individual rights and liberal values. Democracy is not just about elections and majority decisions. It is also about respect and regard for individual rights of citizens, and taking a liberal view of social practices. At a time when many are quick to demarcate groups by community and caste and play group politics, the space for individual rights is getting constricted. In going against an earlier decision of fellow judges, the bench that gave this verdict showed courage and wisdom.

The verdict will have some important consequences. There would now be an incentive for “illegitimate” children to search for the biological father. With DNA testing establishing paternity, it is no longer only maternity that is a certainty! As was seen in the N D Tiwari case, children are able to establish paternity and seek inheritance rights. The new judgment strengthens the cause of such children and puts men on notice. What it also means is that DNA testing must be better organised, transparent and done in a tamper-proof manner. If all “illegitimate” children go in search of their fathers, the country’s statistics may suddenly change, with many men – especially the rich and well-heeled – discovering they have larger families than they had imagined!