Unpacking Section 15 of the Hindu Succession Act, 1956: A Constitutional Scrutiny of Sex-Based Differentiation

Abstract

Section 15 of the Hindu Succession Act, 1956 governs intestate succession to the property of a female Hindu, yet its structure departs significantly from the succession scheme applicable to a male Hindu under Section 8. The provision places the husband’s heirs ahead of the woman’s parents and thereby reflects a differentiated hierarchy of kinship that has attracted growing constitutional criticism. This article argues that Section 15 is not a neutral private-law rule but a sex-based classificatory framework that must be scrutinized under Articles 14, 15, and 21 of the Constitution of India. The section’s ordering of heirs reveals patriarchal assumptions about marriage, family belonging, and the posthumous trajectory of women’s property. Through doctrinal analysis, constitutional reasoning, and feminist critique, the article examines the statutory text, the historical context of codification, the relationship between intestate succession and substantive equality, and the limits of defenses based on lineage or source-oriented devolution. The article concludes that Section 15 is increasingly difficult to justify in a constitutional democracy committed to non-discrimination, dignity, and autonomy. It suggests that either legislative amendment or judicial reinterpretation is necessary to align Hindu succession law with the constitutional promise of equal citizenship.