Inheritance right of Hindu women in agricultural property: Uncertain justice
By: Mishra, Archana
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Material type: 
BookPublisher: Journal of the Indian Law Institute Description: 65(2), Apr-Jun, 2023: p.123-135.Subject(s): Hindu Succession Act, Agricultural Property, Gender Equality, Legal Framework, Patriarchal Norms, Tenurial Laws, Property Rights, Social Barriers, Economic Viability, Legal Literacy, Awareness Campaigns, Policy Recommendations, Community Interventions, Gender Justice
In:
Journal of the Indian Law InstituteSummary: Hindu women who constitute almost 38% of the total Indian population had been hostilely affected by the statutory denial of ownership in agricultural property under Hindu Succession Act, 1956. Later the Hindu Succession (Amendment) Act, 2005 amended Hindu Succession Act, 1956 and omitted the provision dealing with agricultural property. Since the Indian Constitution gives both Parliament and state governments the power to make laws on agricultural property, with state governments having exclusive authority to legislate on agricultural land, after amendment, the ambiguity over the legislative competence of both the Centre and the states has been highlighted by conflicting high court opinions. The Supreme Court’s latest position with regard to application of Hindu Succession Act, 1956 to agricultural property, is shrouded with uncertainty. The present paper analyses the Supreme Court’s decision regarding the effect of omission of exemption granted to agricultural property under HSA, 1956 and the uncertainties surrounding the inheritance rights of Hindu women in such property. While legal reforms have improved Hindu women's inheritance rights in agricultural property, implementation gaps and social resistance continue to pose challenges. A multi-faceted approach involving legal enforcement, social change, and economic empowerment is essential to achieve true gender equality in property inheritance.
- Reproduced
http://14.139.60.116:8080/jspui/bitstream/123456789/48211/1/13_Inheritance%20Right%20of%20Hindu%20Women%20in%20Agriculture%20Property%20Uncertain%20Justice%20Leniency%20Applications.pdf
| Item type | Current location | Call number | Vol info | Status | Date due | Barcode |
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Articles
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Indian Institute of Public Administration | 65(2), Apr-Jun, 2023: p.123-135 | Available | AR132068 |
Hindu women who constitute almost 38% of the total Indian population had been hostilely affected by the statutory denial of ownership in agricultural property under Hindu Succession Act, 1956. Later the Hindu Succession (Amendment) Act, 2005 amended Hindu Succession Act, 1956 and omitted the provision dealing with agricultural property. Since the Indian Constitution gives both Parliament and state governments the power to make laws on agricultural property, with state governments having exclusive authority to legislate on agricultural land, after amendment, the ambiguity over the legislative competence of both the Centre and the states has been highlighted by conflicting high court opinions. The Supreme Court’s latest position with regard to application of Hindu Succession Act, 1956 to agricultural property, is shrouded with uncertainty. The present paper analyses the Supreme Court’s decision regarding the effect of omission of exemption granted to agricultural property under HSA, 1956 and the uncertainties surrounding the inheritance rights of Hindu women in such property. While legal reforms have improved Hindu women's inheritance rights in agricultural property, implementation gaps and social resistance continue to pose challenges. A multi-faceted approach involving legal enforcement, social change, and economic empowerment is essential to achieve true gender equality in property inheritance.
- Reproduced
http://14.139.60.116:8080/jspui/bitstream/123456789/48211/1/13_Inheritance%20Right%20of%20Hindu%20Women%20in%20Agriculture%20Property%20Uncertain%20Justice%20Leniency%20Applications.pdf
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