The Law Commission today recommended a series of amendments to the Indian Succession Act as it considered them "unfair" towards Christian women and termed them prejudicial and unfair to status of women.
The report of the Law Commission submitted to Law Minister Ravi Shankar Prasad came against the backdrop of a number of representations from various Christian organisations inviting attention of the government on the issue.
"A plain reading of the provisions built in Sections 42 to 46 of the Indian Succession Act, 1925 reveal how the scheme envisioned therein incorporates a preferential approach towards men and is unfair and unjust towards Christian women," Law Commission Chairman Justice (Retd) AP Shah wrote to Prasad.
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Referring to rules in the Act regarding distribution where there are no lineal descendants of the person who dies without making a valid will (intestate), the report said, "These provisions are unfair towards Christian women."
It said according to Section 42, where deceased intestate father is living and there are no lineal descendants, father succeeds to property and mother gets no share. "Preferential approach is writ large."
It said unfairness runs through provisions of Sections 44 and 45 as well, and it is only when neither father, brother, sister or their children of the deceased intestate are living that the property goes to the mother under Section 46.
The report recommended that provisions of Section 42 which "weaves an archaic principle" of giving superior status to man in access and owning property needs to be revised.
It said the existing provisions in Sections 42 to 46 of Indian Succession Act are archaic in nature and foster an approach that solidify distinctions based on gender and thus prejudicial and unfair to status of women and Christian mother of deceased intestate.
"Changes suggested would make law more reflective of rising social awareness in Christian community and of needs of changing times," it said.
