Law and Illegitimate Child: From Sastrik Law to Statutory Law

This book is a detailed study of the concept of illegitimacy and law and a sincere attempt to explore that aspect of the child which has been hitherto ignored by the society knowingly as the taint of illegitimacy is given to the child by the society itself. Relying on original and secondary sources—Dharmasastras authorities on Muslim, Jewish and Roman Law, International Instruments, Constitutions of countries, works of eminent scholars and the various statutes enacted by vast majority of countries to blur the distinction between legitimate and illegitimate child, it first examines the institution of marriage and sonship and considers the status of illegitimate child under the scope of idealism of marriage and sonship with special reference and in the context of bioethics and status of child. This scholarly work covers the global perspective and makes detailed analysis of International Instruments and varied statutory provisions enacted in other countries which try to depict that illegitimate children are not "non person". They are humans. They have a right to live with dignity as all children born in or out of wedlock shall enjoy the same social protection. Dr. Kohli is consciously concerned that though child is a divine gift yet his status depends upon the touchstone of wedlock and his innocence suffers for the sins committed by others. It is a social evil and its remedy lies in the vigorous implementation of the most sacred ideals of Human Rights and Social Justice and any derogatory treatment meted out to them shall be ultra vires of the Constitution of India, consequently militates against the sanctity of human rights and social justice. No doubt, some statutory provisions are made in Hindu Law but they are half backed provisions which glaring keeps the distinction still alive which he wants to remove and for that purpose besides adopting various other measures, suggests a legislation in India on the pattern of English Legitimacy Act. This book is written as a result of his interaction with law students, law teachers, advocates, Judges, legislators and social reformers and fervently hopes to be useful for all those who are interested in the study of this subject.