Allahabad-high-court

In a landmark judgement, A Division Bench of Justice Shabihul Hasnain and Justice D K Upadhayaya of the Allahabad High Court has ruled that a child born out of rape will have inheritance rights over the property of the assaulter, the “biological father”. “The child will be treated as an illegitimate child of the rape accused but will have inheritance rights to his property,” they said.

The bench observed that 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 – whether the newly-born child of a rape victim is born out of consexual sex or otherwise.

However, the court further added that if the child is given away for adoption, then he/she will not have any rights on the property of the biological father.