Tag: Right to Equality

Unconstitutionality of Section 15 of the Hindu Succession Act, 1956- Discrimination in the Order of Inheritance

In this Legislation Review, the Author has explained how Section 15 of the Hindu Succession Act violates Articles 14 and 15 of the Indian Constitution, rendering it unconstitutional. This has been done in light of a recent petition to the Supreme Court. While the Act claims that the order of inheritance is based on the proximity of the relationship, Section 15 does not adhere to this principle. This also goes against the principles of justice, equity, and good conscience. Thus a new scheme for Section 15 has been proposed.

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Love Knows No Boundaries: A Comparative Analysis of Marriage Equality Litigation in India and Costa Rica

In this piece, the author makes an analytical comparison of marriage equality litigation in Costa Rica and India and argues why the court’s decision in India must follow a similar line of thought as that adopted by the Costa Rican Court while taking into account the approach adopted by the Indian Supreme Court in the Vishaka case.

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Critiquing The Existing Literature By Analyzing The ‘Surname’ Debate

The author in this article highlights the Hon'ble Apex Court's interpretation of the Hindu Minority and Guardianship Act, 1956 and the Hindu Adoption and Maintenance Act, 1956, with regard to the biological mother’s right to decide the child's surname. The article also addresses the question of whose surname will prevail in light of a judgment of Italian Constitutional Court and critiques existing pieces on the Akella verdict.

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Reconsidering Reservations: Including Dalit Muslims and Dalit Christians Within the Ambit of Scheduled Castes

The author in this piece has analysed the Constitution (Scheduled Castes) Order 1950 as unconstitutional by exploring that it it excludes Dalit muslims and Christians under the ambit of the SC status. The author traces the historical overview of the order and put forths that given the transformative constitutionalism and constitutional morality the following have to included under the SC ambit.

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