In this article, the author analyses the removal of the doctrine of pious obligation in the Hindu Succession (Amendment) Act, 2005 and exemplifies how well-intentioned legislation can falter due to poor drafting. Section 6(4) seeks to abolish this doctrine, but its accompanying proviso introduces ambiguities that the Supreme Court addressed in Vineeta Sharma v Rakesh Sharma and Ors. Unfortunately, this resolution has further disadvantaged daughters rather than providing clarity. This analysis argues that the court’s interpretation of Section 6(4) misaligns with the legislature’s intent and outlines the serious implications of such a misinterpretation. Continue reading The Fallout of Hasty Deletion of Pious Obligation in Vineeta Sharma v Rakesh Sharma & Ors (Part 2)

In this article, the author analyses the removal of the doctrine of pious obligation in the Hindu Succession (Amendment) Act, 2005 and exemplifies how well-intentioned legislation can falter due to poor drafting. Section 6(4) seeks to abolish this doctrine, but its accompanying proviso introduces ambiguities that the Supreme Court addressed in Vineeta Sharma v Rakesh Sharma and Ors. Unfortunately, this resolution has further disadvantaged daughters rather than providing clarity. This analysis argues that the court’s interpretation of Section 6(4) misaligns with the legislature’s intent and outlines the serious implications of such a misinterpretation. Continue reading The Fallout of Hasty Deletion of Pious Obligation in Vineeta Sharma v Rakesh Sharma & Ors (Part 1)