In Hindu Succession Act, women have been given equal rights In Section 8, in the self-aquired properties of the father dying intestate. Even Section 6 has been amended in 2005, making daughter co-parcener in ancestral property. But in many states, like in Uttar Pradesh, daughters are out of succession or have very low priority in table of succession. Like in UPZALR, Section 171,there is clear discrimination for succession of agricultural land for daughter and much preference is given to sons and male members. Even Hon’ble High Court of Allahabad made it clear that agriculture is domain of state and state law, UPZALR would override Hindu Succession in agricultural land. Query: Is not Section 171 of UPZALR is gender based and unconstitutional in law? Can it be challenged in Supreme Court on the basis of gender discrimination? Please advice…
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S Section 6 of the Hindu Succession Act, 1956 makes it is clear that the Act was applied on Joint Hindu Mitakshara property only and not on agricultural land. As held above, agricultural land is in exclusive domain of State Legislature and Parliament has no power to enact any law in this respect.
2) it does appear that section 171 of UPZALR discriminates against women and petition can be filed in SC to challenge the same
Thanks a lot Mr. Sethi for prompt and valuable reply, but how to file the petition? I mean can we file a direct petition in SC, without appeal in any lower court? Is there any provision for it?
Yes it can be challenged.
You have sufficient grounds to challenge the validity of the same.
The validity of the same can also be challenged before the HC, as the same is in violation of Article 14 of the Constitution of India.
Regards
The case has to come from lower court.
Like a girl should claim her share which will be rejected on the basis of section 171, then in the appeal the girl to claim her share can claim the validity of the said section.
There should be some locus.
Regards
1) You can file a writ petition for protection of your fundamental right directly before the supreme court
Firslty, As per the information stated in the above query, makes it clear that you have raised a very valid point of declaring it as unconstitutional.
Secondly, yes, we can file a Writ under article 32 of our Constitution of India to make it unconstitutional.
Thirdly, at one point we say that women are capable of doing everything and on the side we give very limited rights to them.
Fourthly, before going to the Supreme Court, try to search for some articles, news, or any government data for thi specific issue to strengthening your case.
A writ petition challenging the provision can be preferred before the high.court if section 171 discriminates then it is violative of article 14 and same should be held unconstitutional.
Sir a petition under section 32 writ jurisdiction of SC can be filed since violation of fundamental right same would be admitted in SC directly no lower court required though high.court can be reached out first.in my.view under article 226 and 227.
Hello
Please note that the UP ZALR act has been repealed and it no longer exists in the statute book of the state. The govt of up has now brought the revenue code and its rules and they are now in existence.the amendments which you are talking about have come into effect in the state of up and hence this issue has become moot.
Regards
you can file a PIL in the High Court challenging constitutional validity of s.171 of UPZALR being in violation of the right of equality enshrined in Article 14 of the constitution
Query:
Is not Section 171 of UPZALR is gender based and unconstitutional in law? Can it be challenged in Supreme Court on the basis of gender discrimination?
It cannot be challenged even in the supreme court, it is a government policy.
This law is applicable only for the agricultural land and not for other type of immovable properties.
but how to file the petition? I mean can we file a direct petition in SC, without appeal in any lower court? Is there any provision for it?
If you are interested to file a PIL in supreme court you can do it without approaching the lower courts, but the results may not be favorable to yo because the state government only has to formulate law repealing the existing law to satisfy your desire.