Allahabad High Court Slams UP Govt Over Weak Affidavit on Women’s Succession Rights in Agricultural Land
Court Questions Constitutionality of UP Revenue Code Provisions
Petitioners Demand Equal Rights for Women in Farmland Succession
By Our Legal Reporter
New Delhi: January 15, 2026:
The Allahabad High Court (Lucknow Bench) has come down heavily on the Uttar Pradesh government for its inadequate response to a series of petitions challenging the UP-Revenue Code, 2006. The petitions argue that provisions relating to succession of agricultural land discriminate against women, violating their constitutional right to equality under Articles 14 and 15 of the Constitution of India.
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On January 12, 2026, a Division Bench of Justice Rajan Roy and Justice Abdhesh Kumar Chaudhary expressed dissatisfaction with the State’s counter-affidavit, calling it “woefully lacking” and evasive. The Court directed the government to file a clear and reasoned affidavit addressing the constitutional concerns raised by petitioners.
Case Background
- The Petitions: Five petitions have been filed since 2019 challenging Sections 108, 109, and 110 of the UP-Revenue Code, 2006.
- Allegation: These provisions allegedly discriminate against women by restricting their rights in succession to agricultural holdings compared to male heirs.
- Petitioners’ Argument: The Code violates constitutional guarantees of equality and perpetuates gender bias in property rights.
- State’s Response: The government’s affidavit merely referenced legislative history without addressing the core constitutional issues.
Court’s Observations
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The High Court made several critical remarks:
- Failure to Address Core Issues: The affidavit did not clarify whether the provisions violate constitutional rights.
- Pending Since 2019: Despite the matter being pending for years, the State has not taken a clear stand.
- Need for Clarity: The Court directed the government to file a fresh affidavit within two weeks, addressing the constitutional validity of the provisions.
- Judicial Concern: The Court emphasized that succession rights in agricultural land affect millions of women in Uttar Pradesh and require urgent resolution.
Legal Significance
This case raises important constitutional and social questions:
- Equality Before Law: Article 14 guarantees equality; discriminatory succession laws may violate this principle.
- Gender Justice: Article 15 prohibits discrimination on grounds of sex; restricting women’s succession rights could be unconstitutional.
- Property Rights: The case highlights the gap between progressive laws like the Hindu Succession Act, 1956 (amended in 2005), which grants equal rights to daughters, and state-level agricultural succession laws that remain restrictive.
Wider Implications
For Women in Uttar Pradesh
- Land Rights: Agricultural land is a primary source of livelihood; denial of equal succession rights perpetuates economic inequality.
- Social Justice: Recognition of women’s rights in farmland would empower rural women and reduce dependency.
For Governance
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- Policy Reform: The case may force the UP government to amend the Revenue Code to align with constitutional principles.
- Legal Accountability: Courts are holding governments accountable for vague and evasive responses.
For Judiciary
- Judicial Activism: The Court’s strong remarks highlight its proactive role in ensuring gender justice.
- Precedent Setting: The ruling could influence similar cases in other states with restrictive succession laws.
Conclusion
The Allahabad High Court’s sharp criticism of the UP-government’s affidavit marks a crucial step in the fight for gender equality in agricultural land succession. By demanding a clear stand from the State, the Court has reinforced the principle that constitutional rights cannot be sidestepped by vague legislative references.
For millions of women in Uttar Pradesh, the outcome of this case could determine whether they enjoy equal rights to inherit agricultural land—a resource central to rural livelihood and empowerment.
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