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India's Supreme Court weighs whether a childless Hindu widow’s property goes to her husband’s family or parents, balancing tradition and gender equality.
The Supreme Court is proceeding with caution in reviewing challenges to inheritance rules in India’s Hindu Succession Act, 1956, emphasizing the need to balance women’s rights with centuries-old traditions.
A bench led by Justices BV Nagarathna and R Mahadevan is examining whether a childless Hindu widow’s property should pass to her husband’s family or her parents if she dies without a will.
The court highlighted cultural practices like gotra change and kanyadaan, noting marriage often integrates a woman into her husband’s lineage, making her welfare the responsibility of his family.
While acknowledging past reforms and gender equality concerns, the justices warned against disrupting established social frameworks.
Petitioners argue the law is discriminatory, but the government defends it as essential to social order.
The court has referred cases to mediation and scheduled a hearing on November 11 to assess the constitutionality of Section 15(1)(b).
El Tribunal Supremo de la India evalúa si la propiedad de una viuda hindú sin hijos va a la familia de su marido o a los padres, equilibrando la tradición y la igualdad de género.