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Child born out of rape to have inheritance rights: Allahabad HC

Allahabad high court has in a landmark judgment ruled that a child born out of rape will have inheritance rights over the property of the the biological father reported NDTV.

The court also discussed the need for rehabilitation of victims of rape and their children while adjudicating a matter where a minor child of 13 years was raped and could not abort her child due to medical reasons.

A Division bench of Justices Shabihul Hasnain and DK Upadhayaya appreciated the gesture of the state of UP for not fighting the case adversely and being interested in paying compensation to the victims and their rehabilitation in the judgment. The court noted that the victim was suffering from “Rape Trauma Syndrome” and needs care and attention to lead a healthy and happy life as guaranteed by the constitution as the fundamental right of the citizens. The court also expressed its concern over the well-being of the child born out of the crime whose family was unwilling to accept her.

Noting that the child will be treated as an illegitimate child of the rape accused and will have inheritance rights to his property unless legally adopted by someone, it was reported.

“We may observe here that in the matter relating to inheritance, the manner of birth of a person is irrelevant; the rights of inheritance of a person are governed by the Personal Law to which the person is subject irrespective of the manner of birth of the person. It is irrelevant as to whether the newly-born child of a rape victim is born out of consensual sex or otherwise,”

The court also warned the biological father against claiming rights over the child like visitation or custody. Eventually, the court asked the government to pay the victim 10 lakh apart from the 3 lakhs already paid by them and made several directions to ensure that she is able to absorb herself in the society again.

While parting, the court made an emotional plea with the society to not discriminate with such victims and said,

“All solutions and answers cannot be given by the courts. There are certain social problems and issues which have to be answered by the society itself. It is for the society to decide as to how it wants to treat a rape victim. We should remember that rape is a crime beyond the control of a victim. This tragedy can strike any family. It is not something for which the victim has to be blamed. The whole society should come forward in defence and help of the poor traumatized victim of rape. The society will have to learn to manage their response towards a victim without forgetting that tragedy can befall on one’s own head. When women are respected and promoted by the society as a whole only then a society can be called truly free and liberated. The question of rehabilitation of a rape victim can best be answered by the people and the masses and not by the courts alone. We, therefore, leave this question of rehabilitation of “A” open to the masses whose love and affection can save two normal lives from becoming two negative characters of the society in future. They should be accepted; not haunted by the society. The court has played its role within the parameters of law. Now it is the turn of the seekers of justice from the courts i.e. people of India to see and show their response to the victims of their society. “

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