Child born out of rape will have inheritance rights to biological father's property: HC

The Allahabad HC directed UP government to provide an additional Rs 10 lakh compensation to a minor rape survivor.

Child born out of rape will have inheritance rights to biological father's property: HC

Lucknow: In a significant judgement, Allahabad High Court on Tuesday ruled that a child born out of rape will have inheritance rights to the biological father's property.

According to a report published in 'Times of India', a division bench of Justice Shabihul Hasnain and Justice DK Upadhayaya said, the child will be treated as an illegitimate child of the rape accused and will have inheritance rights to his property. The court, however, pointed out that if the child is given away for adoption then he/she will not have any rights on the property of the biological father.

The HC gave the judgement on a writ petition and an application moved on behalf of minor rape survivor seeking a direction for her betterment and initiating the adoption proceeding of the new-born child as she and her father were not intending to keep the child with them.

The Allahabad HC directed Uttar Pradesh government to provide an additional Rs 10 lakh compensation to a minor rape survivor and make arrangements for her free residential education up to degree level and employment thereafter.

The state government had already provided rupees three lakh as compensation.

The court also said that the amount of compensation should be kept as fixed deposit in a nationalised bank, which could be utilised by the minor after attaining the age of 21 year.

It strictly prohibited every one to disclose her identity and past circumstances at any stage.

The court also directed to keep her new-born child in the hospital until the opinion of doctors for discharge.

"Thereafter, the child shall be handed over to the child welfare committee where adoption process may be completed under supervision of "amicus curiae"," the court said.

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