Rights of Children Born Outside Marriage under Indian Law: Author: TANIYA GUHA
Every child deserves respect, equality and protection, whether the parents are married or not. A child may be born to parents who are not legally married, or the marriage of the parents may later be found to be void or voidable. In such cases, the child should not be punished for the parents’ actions or relationship. Indian law has evolved rules to protect such children
Introduction
Every child deserves respect, equality and protection, whether the parents are married or not. A child may be born to parents who are not legally married, or the marriage of the parents may later be found to be void or voidable. In such cases, the child should not be punished for the parents’ actions or relationship. Indian law has evolved rules to protect such children. The most important principle is that a child should not be denied fundamental rights based on the legal status of the parents’ marriage.
Meaning of Children Born Out of Wedlock
The term “children born outside wedlock” may describe different situations. A child may be born to parents who never marry legally. A child may also be born from a marriage that is later declared void or annulled. Indian law does not handle all these situations in exactly the same way. However, the Hindu Marriage Act, 1955 gives special protection to children of void and voidable marriages. Section 16 is important because it provides legal legitimacy to children covered by that section. This ensures that the child’s position is protected even if there is a legal problem with the parents’ marriage.
Legitimacy under the Hindu Marriage Act, 1955
Section 16 of the Hindu Marriage Act, 1955 provides protection to children of void and voidable marriages. A child of a marriage that is null and void is deemed legitimate. The same protection applies, subject to the law, to a child conceived or born before a decree annulling a voidable marriage. The importance of this rule is that it separates the status of the child from the validity of the parents’ marriage. The child should not be regarded as illegitimate merely because the marriage of the parents was not legally valid. Later amendments to Section 16 also strengthened this protection.
Property and Inheritance Rights
One of the most important issues for these children is property rights. In Revanasiddappa v. Mallikarjun (2023), the Supreme Court clarified the rights of children under Section 16. The Court held that children can have rights in the property of their parents. In the case of joint family or ancestral property, they can inherit the self-acquired property of their parents and the property of the parents which the parents inherit as legal heirs. There is one important limitation. The right of the child in the property of persons other than the parents is not a right by birth. The Court further explained that the child cannot ask for partition of the parent’s property during the lifetime of the parent merely because the child is protected by Section 16. Thus, the law provides important protection while also respecting the rights of other family members.
Protection under Other Laws
Protection is not confined to the Hindu Marriage Act. The Special Marriage Act, 1954 also gives legitimacy to children of void and voidable marriages. The Prohibition of Child Marriage Act, 2006 also protects children born from child marriages and does not treat them as illegitimate. These laws recognise that a child should not be harmed because of a legal problem in the marriage of the parents. The law seeks to separate the child from the wrongful or invalid act of the adults.
Maintenance and Welfare
Inheritance is not the only right of a child. A child also needs food, education, shelter, care and financial support. Indian laws provide maintenance and support remedies depending on the facts of the case and the relevant law. In deciding such matters, a court may consider the needs and welfare of the child. Even if the parents have a complicated marital relationship, their responsibility towards the child remains important. Proper attention should therefore be paid to the welfare and development of the child.
Judicial Attitude and Constitutional Values
Indian courts have increasingly focused on equality, dignity and fairness. In Revanasiddappa v. Mallikarjun, the Supreme Court adopted a child-centred approach and recognised that children should not be made to pay the price for the relationship between their parents. This approach supports constitutional values such as equality before the law and the right to live with dignity. Nobody should be treated unfairly because of the circumstances in which they were born. Courts have therefore played an important role in making family law more child-protective.
Practical Problems Faced by Children
Even if the law provides protection, children may still experience practical problems. There can be difficulties in proving parentage, gathering family history, dealing with property papers or understanding succession rights. There may also be emotional strain because of social stigma. Many children and families may not be aware of the rights provided by law. Legal awareness and access to proper legal assistance are therefore important. Families, schools, lawyers, courts and other institutions should respect children and treat them fairly.
Conclusion
Indian law has travelled a long way in protecting children born outside a legally valid marriage. Section 16 of the Hindu Marriage Act, 1955 and the Supreme Court’s decision in Revanasiddappa v. Mallikarjun show that the rights of a child should not be judged only on the basis of the validity of the parents’ marriage. Under this law, children have important rights in their parents’ property and a right to dignity and welfare. At the same time, there are limits regarding property owned by persons other than the parents. Clearly, children should not be made to suffer for the personal or legal choices of adults. More legal awareness and proper implementation can help every child enjoy equality, protection and dignity.