Abstract
Women’s property rights in India have undergone a significant evolution, progressing from historical limitations to contemporary legal frameworks. Women’s property rights refer to the legal and social rights of women to own, inherit, and control property. This includes land, housing, financial assets, and other forms of property. These rights can vary significantly across different cultures, societies, and legal systems. Traditionally, Hindu and Muslim personal laws restricted women’s inheritance and property ownership rights. However, post-independence, legislative reforms, particularly the Hindu Succession Act of 1956 and its subsequent amendments, have significantly enhanced women’s property rights. These reforms granted women equal inheritance rights, including ancestral property. Despite these legal advancements, societal and cultural barriers, lack of awareness, and implementation challenges continue to hinder the full realization of women’s property rights. In many societies, women’s property rights have historically been limited or nonexistent. However, in recent decades, there has been a growing recognition of the importance of women’s property rights and significant progress has been made in many countries to secure these rights. The main aim of this paper is to analyze the evolution of women’s property rights.
Keywords: women, inheritance, property, nonexistent, empowerment.
Objectives
- To analyze the historical evolution of women’s property rights in India.
- To analyze the impact of pre- and post-independence laws on women’s property rights.
- To examine the key legislations that have shaped women’s property rights in India.
- To identify the challenges women face in securing and exercising their property rights.
Review Of Literature
(Basu 1999)Women in India have faced significant limitations on their property rights, rooted in deeply entrenched patriarchal norms and legal systems. During the pre-Independence era in India, women’s property rights were largely governed by customary laws and religious texts, which varied across regions, communities, and even classes. The overall status of women’s property rights was generally restrictive, with significant variations depending on the social, religious, and legal systems in place. In early Vedic times, women could own property, and certain property, like the dowry or gifts from their parents, was recognized as a woman’s personal property. However, this right was diminished over time (Patel 2013).Post-Vedic Period: With the advent of the Manusmriti women’s rights to property were greatly restricted. According to the Manusmriti, women were largely considered to be under the guardianship of their male relatives—father, husband, or son—and their property rights were severely limited. Stridhan: The concept of stridhan emerged, where a woman had control over gifts received at her marriage or other gifts that were given to her, such as jewels, clothes, or money. However, the control over stridhan was often contingent on her marital status and male relatives’ authority .(Singh 1992) In Muslim Law the Property Rights in Islamic Law: Under Islamic law, women had the right to inherit property, but their share was often half of what a male heir would inherit. In cases of inheritance, a woman’s right was recognized, but it was typically subordinate to the rights of male heirs, such as sons.The concept of Mahr (Dower): Women were entitled to receive a mahr (dower) from their husbands at the time of marriage, which they could claim as their property. This right was an important aspect of a woman’s financial security within a marriage (Brulé 2020). The Limitations and Customary Practices: In practice, women’s inheritance rights were often overlooked or restricted due to patriarchal customs or family pressures. In some regions, such as parts of Bengal, women were systematically denied their inheritance shares.Under British colonial rule, laws related to property rights were reformed, but these reforms often had complex and mixed impacts on women(Varghese 2015).The colonial administration tended to institutionalize and codify existing personal laws without significantly improving women’s property rights. The Inheritance of Property Amendment Act 1937.This act allowed Hindu women greater inheritance rights, especially regarding agricultural property, but women’s rights to property were still largely subordinate to those of men (Sehouli et al. 2024). In practice, property could be inherited only in specific circumstances, and male relatives often controlled the distribution. Muslim Women’s Property Rights: In the British era, Muslim women’s rights to property were governed by the personal laws, but colonial policies did little to change the prevailing norms where women’s inheritance was often disregarded(Vatuk 2017).Several states in India enacted land reforms to redistribute land and provide land to the landless, which included provisions to ensure that women could also inherit land. However, the implementation of these reforms was uneven across states, and in many areas, women were still deprived of land rights due to patriarchal customs. In more recent years, the Indian government introduced initiatives like PMAY, which aim to ensure that women have the right to own homes (Domínguez-Gil et al. 2024). As per this policy, properties under government housing schemes are often registered in the name of women, particularly when it comes to providing housing loans to women. In rural India, land ownership was primarily male-dominated. Women, especially in agrarian communities, had little access to owning land or participating in land transactions. The concept of women’s land rights was largely non-existent until the late 19th and early 20th centuries when a few reformers advocated for women’s land ownership(Nchanji et al. 2024).Widows were typically dependent on male heirs for their livelihood, and daughters had very limited rights to property, which was mainly controlled by the male members of the family. The Hindu Women’s Right to Property Act 1937 was a significant reform for Hindu women, allowing them to inherit property, but again, the rights were limited in scope, and male heirs still had primary control over family property(Pusdekar et al. 2024).The Married Women’s Property Act,1874 was a partial legal reform that allowed married women in British India to own property independently of their husbands. However, it applied only to specific categories of property, and women’s property rights were still heavily circumscribed by marriage(Jois 2004). In the Post-IndependenceEra a new act came called Hindu Succession Act 1956 which was one of the most significant reforms in post-Independence India was the Hindu Succession Act of 1956, which provided Hindu women with inheritance rights. Before this act, Hindu women had limited or no rights to inherit ancestral property. The Act allowed Daughtersinherit property as coparceners (equal heirs) alongside sons, particularly after the amendment in 2005.Widows had the right to inherit property from their deceased husband’s estate, which gave them more security(Abdullah et al. 2024)Self-acquired property could be owned and controlled by a woman, giving her financial independence.(Rao 2019).The case revolved around the interpretation of Section 6 of the Hindu Succession Act, 1956, particularly whether daughters born before the amendment in 2005 were entitled to equal coparcener rights as sons. The Supreme Court ruled that the amended provisions applied retrospectively from the date of the Act’s enactment, granting daughters equal rights in coparcenary property(Sreenivas 2008).This means that daughters born before the 2005 amendment are also entitled to equal inheritance rights as sons, regardless of their father’s survival beyond the amendment date. Reform in this area has been slow, and many challenges exist in terms of practice versus the legal framework(Deininger, Jin, and Nagarajan 2007). Growing awareness about women’s rights and property laws, thanks to advocacy groups and media campaigns, has empowered women to assert their claims. As women’s economic independence grows, they are increasingly able to acquire and manage property. Deep-rooted patriarchal norms and societal biases continue to hinder women’s property rights(Agarwal 2002). Many women, especially in rural areas, remain unaware of their legal rights and struggle to access justice. Women, particularly in rural areas, often face challenges in securing land rights, especially in the context of inheritance and land transactions. (Arun 1999)Despite legal reforms, discriminatory practices in inheritance, particularly in certain communities, persist. As digital technologies become more pervasive, it is crucial to ensure that women have equal access to digital property rights. Climate change-induced displacement and property loss disproportionately affect women. Resolving these issues requires an orientation touchy methodology(Parashar and Dhanda 2020).It is important to consider the intersection of gender with other factors like caste, class, and religion to understand the specific challenges faced by marginalized women. (Mondal 2021).Investing in women’s education, skill development, and entrepreneurship can enhance their financial independence and property ownership. Policymakers should prioritize gender-responsive policies that address the specific needs and challenges of women.(Newbigin 2013).