How have the women been empowered through the Hindu Succession Act, 2005?
IV
Long Answer Questions
Answers
The Constitution of India provides that every person is entitled for equality before law and equal protection of the laws and thereby prohibits discrimination on the basis of caste, creed and sex. The discrimination on the basis of sex is permissible only as protective measures to the female citizens as there is need to empower women who have suffered gender discrimination for centuries. Empowerment of women, leading to an equal social status with men hinges, among other things, on their right to hold and inherit property. Civilized societies across the globe ensure that women's inheritance rights are more secure than those of men because women take on the tremendous responsibility of producing and nurturing the next generation. In India, women's rights have suffered serious setbacks among all communities. Before 1956 Despite the Hindu Succession Act being passed in 1956, which gave women equal inheritance rights with men, the mitakshara coparcenary system was retained and the government refused to abolish the system of joint family. According to this system, in the case of a joint family, the daughter gets a smaller share than the son . While dividing the father's property between the mother, brother and sister, the share is equal.
The Constitution of India enshrines the principle of gender equality in its Preamble and Parts III, IV and IVA pertaining to Fundamental Rights, Fundamental Duties and Directive Principles respectively. The Constitution not only grants equality to women, but also empowers the State to adopt measures of positive discrimination in favour of women. And now as India becomes increasingly aware of the need for equal rights for women, the government can't afford to overlook, property rights have a deep impact on the national economy. The need to dispense gender justice raises deep political debate and at times acrimony in legislative forums. This enthused the ?house? to move a bill to make amendments in the Hindu Succession Act, to secure the rights of women in the area of property.
The aim is to end gender discrimination in Mitakshara coparcenary by including daughters in the system. Mitakshara is one of the two schools of Hindu Law but it prevails in a large part of the country. Under this, a son, son's son, great grandson and great great grandson have a right by birth to ancestral property or properties in the hands of the father and their interest is equal to that of the father. The group having this right is termed a coparcenary. The coparcenary is at present confined to male members of the joint family, it has been further elucidated in the project.
The Hindu Succession (Amendment) Act, 2005 is a landmark. After 50 years, the Government finally addressed some persisting gender inequalities in the 1956
Hindu Succession Act (1956 HSA), which itself was path-breaking. The 2005 Act covers inequalities on several fronts:
agricultural land; Mitakshara joint family property; parental dwelling house; and certain widow's. The amendment has come into operation from 2005; our project makes an analysis of this amendment, in that specifically dealing with changes brought in the woman's property rights in Mitakshara joint family property, what effects it will have on the position of women, loopholes in the amendment, its advantages and disadvantages and few suggestions to make it more effectual.
Explanation:
The Hindu Succession Act 2005 was enacted to remove gender discriminatory provisions in the Hindu Succession Act 1956 under the amendment the daughter of a coparcener shall by birth become a coparcener in her own right in the same manners as the son.
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