A push for gender equality

SC’S verdict on women’s right to property is a significant step forward

In a move that upholds gender equality under the law, the Supreme Court (SC) has expanded the rights of Hindu women to their father’s property under the Hindu Succession (Amendment) Act, 2005, even if they were born before the change, or the father was not alive at the time of the amendment. If the woman died before the amendment came into force, her share can be passed on to her children. There have been several amendments to the Hindu Succession Act, 1956, but none gave unconditional rights to women with regard to property.

The latest interpretation by SC removes male primacy over Hindu ancestral property. But it has taken the precaution of adding the caveat that registered settlements prior to December 2004, when the amendment was tabled in the Rajya Sabha, cannot be opened to avoid a deluge of litigation. It is a major push for women who lack economic resources and are often marginalised by male members of the family. The fact that a law — not just a will — decides women’s property rights is significant.

However, the challenge of ensuring that women are actually empowered by this legal provision remains; many progressive legal rights fall by the wayside as women do not know that they exist. This must be rectified. The SC’S provision gives women a level-playing field in legal rights over property, and is a gamechanger in the larger canvas of gender rights.