Published Jun 16, 2021
3 mins read
515 words
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Societal Issues
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Law

Towards Gender Equality

Published Jun 16, 2021
3 mins read
515 words

In the vedic times and the ancient ages, women have had the liberty to exercise various rights and privileges just like men. They were considered almost equal to men, but there was only one sector where women were discriminated, matter of inheritance of the ancestral properties which was manly dominated by the male sector. Women were not excluded but had no specific law to claim their rights. In our personal religious laws we can see that it somehow promotes patriarchy, for instance ‘dowry' in marriages. Even now, if a girl is not well educated or not earning then it is compensated by giving hefty amount of dowry, in form of cash, jewellery, car or anything that is suitable to the groom's side. Dowry further leads to domestic violence. Dowry started from personal religious law and now has become taboo to society. This personal religious laws serves to legitimize the continued denial status by the state of gender equality to women in family law matters as it creates a space for rules or laws to operate even if it do not conform to the constitutional laws yet are enforced by the state authority. Such family law matter includes law of succession.

There have been several changes in the laws regarding what share of the property do females get in HUF. As per the classical law(1860-1937), one of the significant change was made, according to which widowed mother did not have right to demand partition of the property but whenever the partition happens between the brothers widow mother will get a certain share so that she could meet her expenses and lead a peaceful life.

Now, moving onto act which was passed in 1937, there was a huge development regarding the rights of widow in HUF. According to this act, widow had the right to ask for partition  and step into the shoes of deceased coparcener but the rights were limited  and did not have the right to alienate whenever they wanted.This rule received several backlash from different sections of the community.

Moving onto 1956 when next amendment was made in Hindu succession act. This is one of the most significant change with respect to female rights to property in HUF. This amendment tweaked section 6 in succession act, which contained the list of class 1 legal heir which in simple term means list of people who have the right to inheritance or right to the property when partition takes place. In 1956, the mother, daughter and a widow were also added to the list which means they will also be first in line to get the property when partition takes place. Another significant change was with respect to section 14, according to which any property owned by a female hindu, whether acquired before or after the commencement of act shall be held by her in fully capacity as a owner. This was the monumental change for females in respect to right to properties.

Many amendments have been made, reforms brought and there are still more to come. thank you. hope you like it. 

#Women's rights
#dowry
#women
#GENDEREQUALITY
#law
#property
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royanupam033 6/16/21, 6:00 PM
1
Good job keep it up folow me for folow back and read mine too dear
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yogeshanchan12 6/18/21, 5:54 AM
Nice blog
teena.aliyas 6/19/21, 8:52 PM
Informative👍
vibhu07 6/22/21, 6:27 AM
2
I love the fact that how you beautifully corelate things with each other. Keep writing. Looking for more posts. 😊😊😊
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