Mary Roy and others v. State of Kerala and others
- Vaishnavi Majji
- Oct 9
- 2 min read
The case of Mary Roy and others v. State of Kerala and others (1986) stands as a pivotal moment in the legal history of India, marking a significant stride towards gender equality in inheritance laws.
Background
Mary Roy, an educator and women’s rights activist from Kerala, challenged the discriminatory provisions of the Travancore Christian Succession Act of 1916. Under this Act, Syrian Christian daughters were entitled to only one-fourth of a son’s share or a maximum of ₹5,000, whichever was less, when their father died intestate. Additionally, the widow’s rights were limited to a life interest in the property, which was terminable upon her death or remarriage.
After her father’s demise in 1960, Roy’s brother denied her a rightful share in the family property, citing the provisions of the Act. Despite initial setbacks in lower courts, Roy pursued justice, culminating in a landmark decision by the Hon’ble Supreme Court in 1986.
The Hon’ble Supreme Court ruled that the Travancore Christian Succession Act of 1916, being inconsistent with the Indian Constitution, particularly Articles 14 (Right to Equality) and 15 (Prohibition of Discrimination), was unconstitutional. The Court held that the Indian Succession Act of 1925, which provides for equal inheritance rights for both sons and daughters, superseded the earlier Act. This decision was made retrospectively, ensuring that Roy received an equal share in the family property.
Impact on Women’s Rights
This judgment was a watershed moment for women’s rights in India, particularly for Christian women in Kerala. It not only ensured equal inheritance rights but also set a precedent for challenging discriminatory personal laws. Roy’s victory inspired numerous women to assert their rights and seek legal recourse against patriarchal norms.
Mary Roy’s courageous battle against an unjust law not only transformed her own life but also ignited a movement for women’s rights, leaving an indelible mark on India’s legal landscape.
Source
Comments