The Allahabad High Court has recently ruled in a landmark judgement that a child born because of rape will be treated as the illegitimate child of the biological father, the rapist and will inherit from his property. The court ruled that this is subject to the condition that the child is not given for adoption and the rules of personal laws shall apply. The court further suggested that the legislature should formulate law in this regard to provide for the child. The court is of the opinion that in cases of inheritance it does not matter what is the manner of his birth and the personal laws shall govern his inheritance. However, a child that has been given for adoption loses his rights over the property of his biological father, the rape accused. The court gave this order while dealing with the case of a newborn girl who was born because of the rape of her mother.
Though this judgement gives some financial assistance to the child born because of rape, there are number of drawbacks:
Firstly, to claim inheritance, the child should not have been in adoption. Adoption denies him the right to inherit from the biological father.
Secondly, the rights of inheritance are governed by personal laws and not all personal laws recognize the rights of illegitimate children. Under the Muslim law, an illegitimate child can inherit only from his mother and not from his biological father.
Thirdly, the rapist may not have any property or income that can support the child.
Fourthly, no compensation is given to the rape victim, the mother of the child while she is pregnant or bringing up the child.
Fifthly, the child loses his inheritance if adopted and if not adopted has to live with the social stigma of being born because of rape and being an illegimate child. The inheritance does not cover the psychological effects of the stigma and do not adequately compensate the mother and child.
However, as the courts have suggested that the legislatures to formulate a law dealing with such cases, there is hope for stricter legislation on rape and covering the loopholes in the inheritance of the child born from it.
Though this judgement gives some financial assistance to the child born because of rape, there are number of drawbacks:
Firstly, to claim inheritance, the child should not have been in adoption. Adoption denies him the right to inherit from the biological father.
Secondly, the rights of inheritance are governed by personal laws and not all personal laws recognize the rights of illegitimate children. Under the Muslim law, an illegitimate child can inherit only from his mother and not from his biological father.
Thirdly, the rapist may not have any property or income that can support the child.
Fourthly, no compensation is given to the rape victim, the mother of the child while she is pregnant or bringing up the child.
Fifthly, the child loses his inheritance if adopted and if not adopted has to live with the social stigma of being born because of rape and being an illegimate child. The inheritance does not cover the psychological effects of the stigma and do not adequately compensate the mother and child.
However, as the courts have suggested that the legislatures to formulate a law dealing with such cases, there is hope for stricter legislation on rape and covering the loopholes in the inheritance of the child born from it.
