Legal Status of Illegitimate Children- A Critical Analysis of the Personal Laws in India vis-a-vis Rights of a Child

Legal Status of Illegitimate Children- A Critical Analysis of the Personal Laws in India vis-a-vis Rights of a Child

Nikita Swamy

What is against the law is considered to be illegitimate or illegal. Such was the status of the illegitimate child until recently when the laws underwent a change due to social and political evolution and a shift in the thoughts of the people. In the present post – modern world, there is considerably less stigma attached to such terms. In progressive nations like the United States of America society is generally receptive to such children and the laws imposed also ensure that their rights are protected. Of late in countries like India there has been a change in the personal laws to incorporate this development, the most recent being the amendment of Section 16 of the Hindu Marriage Act and several judicial decisions . This paper attempts to track these change s among the three major personal laws in our country i.e. Hindu, Muslim and Christian.

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