Article 15(2) hindu succession act mamta
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The patriarchal domination is firmly rooted in the Indian society, including laws such as the succession laws under various personal laws including the Hindu Succession Act, 1956 (HSA). The socio-economic changes have placed women in a much better position and at par with men. But it seems that these changes have no impact on the old age laws.
This paper talks about sec 15(1) of the HSA, which by its very own nature is discriminatory and biased. Section 15(1) of the HSL specifies the manner in which the property of a female should be inherited if she dies intestate. The property of the woman who has died intestate is aimed at returning it back to the source. But the inheritance law for the self acquired property of the woman which says that such property is to be inherited by the husband of the deceased and her in-laws is in question for its illogical biasness.
Although, the reasoning of the legislatures at the time of forming it was adequate and acceptable that time, but in the present scenario, this particular succession law has been under criticism for its discriminatory nature which clearly violates article 15 of the Indian Constitution which states that no one can be discriminated against based on gender.
This paper talks about the irrelevancy of this law at present and aims at presenting the available alternatives for the distribution of a female’s property if she dies intestate.
But the question of equality remains to be answered by bringing in an amendment to solidify the concept of “equality” which is the backbone of any society and is one of the basic elements of the Preamble of the Indian Constitution.
please tick the brainliest answer.
This paper talks about sec 15(1) of the HSA, which by its very own nature is discriminatory and biased. Section 15(1) of the HSL specifies the manner in which the property of a female should be inherited if she dies intestate. The property of the woman who has died intestate is aimed at returning it back to the source. But the inheritance law for the self acquired property of the woman which says that such property is to be inherited by the husband of the deceased and her in-laws is in question for its illogical biasness.
Although, the reasoning of the legislatures at the time of forming it was adequate and acceptable that time, but in the present scenario, this particular succession law has been under criticism for its discriminatory nature which clearly violates article 15 of the Indian Constitution which states that no one can be discriminated against based on gender.
This paper talks about the irrelevancy of this law at present and aims at presenting the available alternatives for the distribution of a female’s property if she dies intestate.
But the question of equality remains to be answered by bringing in an amendment to solidify the concept of “equality” which is the backbone of any society and is one of the basic elements of the Preamble of the Indian Constitution.
please tick the brainliest answer.
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