The
Supreme Court has observed that it would move cautiously while examining
challenges to provisions of the Hindu Succession Act, 1956, and that it would
be wary of shattering the Hindu social structure and its basic tenets that have
been in existence for thousands of years.
A
bench of justices BV Nagarathna and R Mahadevan was hearing petitions
challenging certain provisions of succession under the 1956 Act.
"Do
not demean the structure of the Hindu society that we already have. As a court,
we are putting you to caution. There is a Hindu social structure and you do not
bring it down... We do not want our judgment to break something that has been
there for thousands of years," the bench observed.
The top court said that while women's rights
were important, there had to be "a balance between social structure and
giving rights to women." The bench referred the parties before it to
the Supreme Court's mediation centre to explore settlement pending
consideration of the broader issues.
Senior advocate Kapil Sibal, appearing for one of
the petitioners, submitted that the provisions under challenge were
exclusionary and discriminatory against women.
Sibal said women could not be denied equal
inheritance rights simply because of traditions.
Additional Solicitor General KM Nataraj, appearing
for the Centre, defended the Act as "well-crafted" and alleged that
the petitioners were seeking to "destroy the social structure." The
issue for consideration before the top court are Sections 15 and 16 of the
Hindu Succession Act, which govern the devolution of property of a Hindu women
dying intestate, or without a will.
According to Section 15 of the Act, when a Hindu
woman dies intestate, her property devolves to her husband's heirs first before
her own parents.