Continuing my last blog…

After 1956, 2005 amendment act came in, which is believed to be as one of the most progressive moves that the Indian judiciary has ever taken the past decades. This amendment brought various changes in the rights of women towards the property and help them established as equal to men. The changes were:

SECTION 4(2): of the act was removed, because this section stated that the act shall not override the provisions of any other act. It created inequality against women by forbiding them the right to capacitate agricultural land. 

SECTION 6: of the act created an equal rights of women as of men in inheriting the property. It provided women the right to be a coparcener in Hindu joint family and shall have all the rights and liabilities same as men. Even if the daughter is married she would have the right to property because coparcenary is a right by birth and shall not be denied. As of now, women has same rights as men in property of Hindu joint family

SECTION 23: of the act  was omitted as it divested the women's right to obtain partition of the dwelling house. according to the provision stated a female can dwell in the house only till she is unmarried, separated  or widowed, which is unequal in treatment. Hence, it was struck down.

SECTION 24: of the act states that widow of the predeceased son and widow of the brother are not entitled to the share in the husband's property if she remarries. But a women deserves a share in the husbands property, hence this section was rescinded by the amendment act 2005. 

SECTION 25: of the act was substituted by some specific words such as “disposed by him or her” instead of him which creates a right for women to dispose of her property. 

Even though all of this was a great move by the gov. there was caveat in this as these sections would apply only if the daughter and the father are alive on September 9,2005 , which was not appreciated and welcomed by many people because it created condition which had to be fulfilled before the rights would be given to females.  Many questions were raised after this amendment, different judgements were made by the supreme court in different cases.

Even after so many changes, patriarchy still prevails so i would like to conclude by saying…

Let the women fly high in the sky by removing the oppression posed on her by the society and enlighten her world with new dreams ,goals and aspirations. 

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