India: Vallamattom & Anor v Union of India, 2003 6 SCC 611

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The Indian Succession Act 1925 discriminated against Christians in the bequeathing of property. Since it was enacted before the Indian Constitution came into effect, the Supreme Court of India could have dismissed this challenge as being a challenge against something that was not a “law in force”. The challengers claimed that it violated the UN Declaration on the Right to Development and the ICCPR. While the Court did not extensively discuss this aspect of the challengers’ claims, it nevertheless ruled in favor of the challengers and struck down the law.

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