Introduction
Regardless of the several judicial pronouncements of the Hon’ble Supreme Court about the legal position of illegitimate children and their rights. The conflict in the validation of their legal right continues to exist. “Our society and judicial system do not accept children born outside of wedlock. This is known as Nullius Filius in Latin terms, simply meaning illegitimate child.” However, with time, society gradually granted them the same status and legal right to inherit property. As per the provision of the Universal Declaration of Human Rights 1948:
“All children, whether born in or out of wedlock, shall enjoy the same social protection”
The United Nations Convention on the Rights of the Child 1989 states that:
“All children have the rights set out in the UNCRC. Individual children and young people shouldn’t be discriminated against when these rights are realized.”
This article provides detailed information and clears the juridical status of Illegitimate children in Indian statutes like The Hindu Marriage Act 1955, The Hindu Succession Act 1956, The Hindu Adoption and Maintenance Act 1956, The Hindu Minority and Guardianship Act 1956, and The Code of Criminal Procedure 1973.
The Hindu Marriage Act, 1955
Section 16 (3) of The Hindu Marriage Act 1955 entitles illegitimate children to receive only the property of their parents and not of any other connections. The child would only be entitled to acquire the father’s self-acquired property and not the ancestral property.
However, in 2011 the Hon’ble SC in its judgment in the case of Revansiddappa & others v. Mallikarjuna & others established that “The illegitimate children have the right in their parent’s self-acquired, as well as ancestral properties under the HMA.”
The Hindu Succession Act, 1956
An illegitimate child is related to the mother and each other, but not by the father. “They do not have the entitlement to inherit their father’s success.” Under the Hindu Succession Act 1956, a mother can always inherit the property of her illegitimate children and an illegitimate child can inherit the property of his or her mother or of an illegitimate brother or sister. The father has no right to claim the property of an illegitimate child.
The Hindu Adoption and Maintenance Act, 1956
Under Section 20(2) of the Hindu Adoption and Maintenance Act 1956, an illegitimate child may claim maintenance from his or her father or mother so long as the child is a minor. Maintaining children whether they are legitimate or illegitimate is an obligation. Our statutes ensure this, and the responsibility falls on the parents.
In respect to the maintenance of illegitimate children, under section 125 of the Code of Criminal Procedure (CrPC) the Madras HC while hearing a matter explicitly held that:
“An illegitimate minor child is entitled to maintenance u/s 125 of CrPC. Even if we discard the fact of marriage. The minor child, as the illegitimate daughter of the respondent, would still have the entitlement to maintenance.
Hence, not only the Hindu law but also the Central law in India protects the right to claim maintenance of an illegitimate child.
The Hindu Minority and Guardianship Act, 1956
Section 6 (b) of the Hindu Minority and Guardianship Act 1956 states that the mother shall be recognized as the Natural and First Guardian of an illegitimate child. After her death, the father assumes the role of natural guardian for such a child. Further, the SC has ruled recently that a single mother case of the solitary guardian of an illegitimate child in India.
Recently in 2022, the Bombay HC in the case of Dharmesh Vasantraishah v. Renuka Prakash Tiwari, held that –
“A mother is the natural guardian of an illegitimate child. And the father can only claim the guardianship after the mother.”
Conclusion
Once Leon R. Yankwich rightly said, “There are no illegitimate children, only illegitimate parents.” The offspring born out of an immoral relationship with the parents has no role in the activities in which their parents indulge. One should not label these children as illegitimate at all. We should consider and regard all newborn babies the same in all aspects, irrespective of their parents’ relation.
The parliament has got the recommendation to remove the term ‘illegitimate’ from all the statutes and reimplement the laws equally for all to safeguard the future of the children. Since the consequences of the illegitimate relationship between the parents affect the children born out of such a relationship only. The society must protect the rights and social status of these children at any cost.
