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2002 Supreme(All) 703

R.K.DASH
KRISHNA SWAROOP SRIVASTAVA – Appellant
Versus
SENIOR SUPERINTENDENT OF POLICE KANPUR NAGAR – Respondent


Advocates Appeared:
Madan Behari Lal, PANKAJ SRIVASTAV

R. K. DASH, J.

( 1 ) OURS is a male dominated society where crimes against women are on the rise. There has been onslaught on their liberties through, birde burning and Tdowry death. These crimes are affront to the human dignity. So in order to curb such crimes, the law makers in their anxiety have brought about several legislations providing harsher punishment. Yet, the laws could not act as a deterrent to check the crime graph. In many cases guilty goes unpunished. Since many years woman is not treated at par with the man in all walks of life. For this blame should go to the social reformers and law makers. The unequal treatment meted out to her emanates from the laws enacted by the legislature. Son and daughter are not treated equal. A son has a right in the ancestral property by birth, whereas a daughter does not have of such right. Under Hindu Succession Act, 1956 she gets a share from her fatherts share only after the demise of her father, whereas a son by birth acquires right in the ancestral property. No doubt under the aforesaid Act, she is given the status of a Class I heir but she cannot claim partition of the dwelling house until the male members choose to divide. She i





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