There is a global movement in several countries - where now illegitimate children are being given the same rights as legitimate ones. India is actually one of the last on the bandwagon.
salient points
1. The laws are based on the principle that only the perpetrator of the crime (and accomplices) is to be punished for a crime. Just like one would not prosecute innocent bystanders, the child here is innocent as it had no hand in instigating its parents illicit relationship.
2. In terms of taking away from the property rights of legitimate heirs - the court rules that nothing has been taken away so to speak, because the legitimate child too did not have a hand in ensuring that its parents had a legal marriage. So it has not "done" anything to be deserving of the legal property solely. The legal heir is in such a position because of happy circumstances that surrounded his/her birth - that he/she was born into a legal marriage.
3. Child rights and adultery are seen as two separate offences - and the punishment for adultery is to be borne by the criminal/perpetrator/accomplices himself or herself - and not by the child borne of an adulterous union.
To say that inheritance rights of illegitimate blur the concept of the institution of marriage is not correct according to courts in many countries. It is the focus on punishment that is important.
Consequently, the two people who should be punished are jagat and gauri, so anandi needs to get off her butt and file the case to accord punishment and send him to prison. Prison will be the best deterrent/punishment and will be the appropriate punishment to the perpetrators involved.
comment:
p_commentcount