Skip to main content

RIGHTS OF WOMEN UNDER HINDU SUCCESSION ACT, 1956

 

RIGHTS OF WOMEN UNDER HINDU SUCCESSION ACT, 1956

 Devna Menon*

The worth of a civilization can be judged by the place given to women in the society.” [1]

Gender equality is a continuing battle that every single person is fighting daily, even though we have gone a long way from our previous conventions and norms in which both genders were not considered equal. Changes emerge as people grow more educated and conscious of society, resulting in a more awake society. We can't envisage erasing inequality in a flash, as if empowerment or education were magic wands that could make gender inequity disappear with a swish and flick of the wrist. The 1956 Hindu inheritance law was heralded as a watershed point in Indian history; it was a single sweep of the wand that destroyed the patriarchal framework prevalent in Indian culture, where only men-owned and inherited property. Streedhan was the only place where the concept of female ownership existed in its most sophisticated and limited form. This rule turned Hindu women's restricted property into a free property, giving them the sole proprietors of their property and removing any limits on how they may dispose of it. It strengthens women's economic power and provides them with economic and social independence.

Ancient Hindu law was said to be particularly severe on women, restricting them sexual and economic freedoms. "A woman must rely on her father when she is young, on her husband when she is young, and on her sons when she is young," Manu Smriti says." She was never allowed to be free." It is also thought that the entrance of modernism during colonial times contributed to the loosening of this rigorous sexual control by allowing women to hold property. The 1956 statute does not address specific instances of discrimination against Hindu women in terms of their property rights. As a result, in 2005, the government revised the 1956 law to boost the economic ability of Hindu women, fifty-eight years after independence. The law, which was passed on September 5, 2005, is regarded as a watershed moment in Hindu women's rights history. Despite the innovative provisions of the Hindu Succession Act of 1956, Hindu women in Indian society as a whole were still denied property rights. It's merely a rule of thumb.

Despite the fact that the law made revolutionary changes, it was largely ignored by family members because the regulations were incompatible with Hindu social ethics. There is a significant distinction between existing law and the law as it applies. It is frequently harmed by incidents of overt discrimination. In theory, all of these policies are excellent, but the difficulty is enforcing women's property rights, not just acknowledging them. Realist practice, based on the socialist viewpoint, will confront several obstacles as a result of orthodox and traditional societal standards. May the majestic guarantees of our constitution or the generous endowments of our laws not deceive us or distract us from the fact that we live in a society where men have control over women, where women see internal gender status as a personal failure, and where men see gender status as a personal failure. Women's emancipation is still far from complete. Nothing is fair when it comes to the fairer sex. Women are still uneasy about inheritance law, although it is changing.

 The most recent proposal to modify the Hindu Succession Act 2005 (Amendment) marks a significant step forward for women's rights. Under the law, women have unlimited and equal inheritance rights. It converts a girl into a coparcener with the same rights as a male kid, and she can now also be Karta, thanks to a 2005 amendment law. The 2005 law addresses inequity in ancestral property, housing, and widows' rights, as well as adding certain new heirs to the list of Class I heirs, which safeguards their rights.

It goes much beyond ensuring social justice and equality for women. It repeals an ancient Hindu law that deprives women of their property rights. This law is well received by the Hindu female community. In Mitakshara, a Hindu girl was also born with a silver spoon in her mouth. Her rights are equal to those of her male companion. She does, however, have the same responsibilities as men when it comes to sharing. She might petition for the division of her residence under the new statute of 2005. The prohibition on a widow's remarriage prohibiting her from inheriting her husband's property has also been repealed.

The Supreme Court of India issued a major judgement in Vineeta Sharma v. Rakesh Sharma on January 18, 2020, declaring the Hindu Succession (amended) Act 2005 to be retroactive. Section 6 of the law was updated in 2005 to conform with constitutional values regarding gender equality. A daughter of a common ward at birth will become a full ward in the same way as a boy under the amendment. The Vineeta Sharma case investigated whether the 2005 amendment deemed girls to have the same rights as sons in joint property, regardless of whether the father was living or not at the time of the amendment.

 Section 6 of the Hindu Succession Act 1956 was amended, and a new clause was added that stated that at birth, a daughter becomes the joint guardian of the property of a common Hindu family and has the same rights and responsibilities as males. Women's property rights are determined by their standing in the family and their marital status, whether they are girls, married, single, or abandoned. The same is true regardless of the sort of property involved, whether it's ancestral, self-owned, or marital property.

Changes are done on an equal footing, to eliminate the disadvantages and prejudices that girls face. Girls share ownership of property with their male counterparts and are entitled to an equal share of it. Daughters have a legal claim to the property divided and distributed according to the will. Even according to Dharmashastras, the status of Hindu women is always susceptible to that of male family members. That is why, when the Hindu Law of Succession was enacted in 1956, the legislators did not see the need to provide the daughter rights in the father's property, based on the idea that the daughter was now a member of another family and should not be entitled to inherit her father's property.

However, with the 2005 amendment, the constitution's promise of equality was reinstated, and clauses were added that allowed equal boys and daughters in a combined Hindu family. Although there is some question about a legitimately adopted daughter, as the phrase is not referenced anywhere in the amended statute, and his rights to inherit his father's property remain unclear. Furthermore, because the status of a son or daughter is likewise provided for in Article 6 of the Law, the children of a daughter shall be considered co-parents in the same way that the children of a son are. As a result, this is the most notable achievement in the context of Hindu women's status in society before the amendment's enactment.

 



[1]   20th WCP: Status of Women in Indian Society (bu.edu)

* Student of BBA.LL.B, MIT World Peace University , Pune

 

Comments

Popular posts from this blog

Hanging and Strangulation: A medico-legal analysis

                                                                                                                             Chirag Goyal                                                                                                                              I.             Table of Contents II.  ...

Senior Advocates : Ethics and Duties - By P.S. Khurana

    Senior Advocates : Ethics and Duties - P.S. Khurana * Legal education in India is regulated by the Bar Council of India, which is a statutory body constituted under the Advocates Act. 1961.   There are two ways to obtain the degree to practice law and enroll with the Bar Council of India : (1)      a 3-year LL.B program which requires a prior graduate degree ; and (2)     a 5-year integrated B.A., LL.B. program which can commence immediately after secondary school. Some Universities offer both the five-year and three-year degree program 1 . The advocates enrolled in India are only entitled to ‘practice the profession of law’, which includes not only appearing before courts and giving legal advice as an attorney, but also drafting legal documents, advising clients on international standards and carrying out customary practices and transactions 2 . At the State level the Bar Council of India perform oversight functions and...

The Largest Democracy’s Undemocratic Parliament

  The Largest Democracy’s Undemocratic Parliament - Rohan Choudhary* This monsoon session was the fourth consecutive session of the parliament which was called off before the schedule, barring the winter session of 2020 (which was cancelled due to the pandemic). The opposition kept the parliament at standstill, demanding to have a fair and square discussion on the important issues such as Pegasus Spyware, Farm Laws etc. Now there are two ways to look at this issue, which depends on what side of political fence you stand on. Looking it from the government point of view, there stand have been that parliament can’t function amidst all the chaos and ruckus created by the opposition. If you are on other side, you may hold the view that it’s the fundamental duty of the opposition to hold the government accountable. The pertinent question that needs to be addressed here is about the means used by the opposition to register their protest. Is it right to keep the parliament at standst...