Sikkim High Court dismisses plea challenging curbs on rights of children of Sikkimese women married to non-Sikkimese men

The Sikkim High Court has dismissed a writ petition challenging restrictions on the property rights and Certificate of Identification (COI) eligibility of children born to Sikkimese women married to non-Sikkimese men.

The petition, filed by Pushpa Mishra along with more than 100 other women, contested a 2018 notification issued by the Government of Sikkim. The notification bars such children from inheriting immovable property from their mothers and from obtaining COI, a document required for availing various state-specific rights and benefits.

In its order delivered last week, Justice Meenakshi Madan Rai upheld the validity of the state government’s notification and dismissed the plea.

The petitioners had sought directions from the court to allow their children eligibility for COI, access to government employment opportunities, and inheritance rights over maternal property. They argued that the existing provisions resulted in denial of equal rights.

With the dismissal of the petition, the existing legal framework governing COI issuance and property inheritance in such cases remains unchanged.