the 2005 Amendment of the Hindu Succession Act

1153 Words3 Pages
bulb-icon

Recommended: Gender discrimination in india 21st century

Critically examine the changes brought by the 2005 Amendment of the Hindu Succession Act, 1956 in regard to the position of women-

The Position of women in our country has always been a subject of oppression, this is so because, they are brought under domination or control to inhumane treatment, cruelty, inequality in relation with every position they enter into, no matter domestic or professional life, confining this view only up to the matters of property rights.

The Hindu Succession Act, 1956 is part of the Hindu Code which includes the Hindu Marriage Act, 1955, the Hindu Adoptions and Maintenance Act, 1956 and the Hindu Minority and Guardianship Act, 1956. The Hindu Succession Act cause dramatic change in the law for female Hindus. For the first time, it was a Hindu female could become an absolute owner of the property. The Act was amended in 2005 to provide that the daughter of a coparcener in a joint Hindu family governed by the Mitakshara Law shall, by birth, become a coparcener in her own right in the same manner as the son would become i.e ,having the same rights and liabilities in respect of the said property as that of a son.

The Hindu Succession (Amendment) Act, 2005 is a landmark and path breaking amendment. the Government addressed some recurring gender inequalities in the 1956 Hindu Succession Act (1956 HSA) after 50 years. The 2005 Act covers inequalities on several fronts: agricultural land; Mitakshara joint family property; parental dwelling house; and certain widow's rights are also their. This amending Act of 2005 is an attempt to abolish the discrimination as contained in the amended of section 6 of The Hindu Succession Act, 1956 by giving equal rights to daughters in the Hindu Mitakshara coparcenar...

... middle of paper ...

... (Amendment) Act, 2005 this was done for the benefit for the woman. The journey from the past to present of Hindu daughters in Mitakshara coparcenary has been remarkable in the History. Hindu women must be made aware through legal literacy campaigns and social awareness programmes about their property rights, so that they may fight for their right and are not been discriminated on the basis of sex. Efforts should be made on the part of the government, non-governmental organizations, public and women should be taken up to bring about a strong and tremendous change in the society for promoting equal rights based on humanity for achieving gender equality. But in the mist of all good things there is a darker side which always prevails and that can be in the form of misuse, and so some limitations should be made so as to avoid the misuse of such benefits to the womans.

Show More
Related

  • Indian Caste System Dbq

    895 Words  | 2 Pages

    He believed that women were just as capable of crucial jobs as men were. Later on, Gandhi’s beliefs became a reality. “The 73rd Amendment to the Indian Constitution empowered rural women in 1993” (Document 12). Suddenly, women’s participation in village and district councils became crucial to the Indian government.

    Read More

  • Susan B. Anthony's Failure Is Impossible

    1248 Words  | 3 Pages

    For decades, the rights and expectations of women in America were extremely limited and restricted. Women have almost

    Read More

  • Modernization’s Effects on Gender Equality in China and India

    1407 Words  | 3 Pages

    In Nehru’s India, women were victims of a “passive revolution” that subtly advanced bourgeoisie men of higher castes under a guise of parliamentary democracy. Though women have presided over the Indian National Congress, served as a prime minister, and represent a large part of India’s la...

    Read More

  • Ancient India Dbq Analysis

    165 Words  | 1 Pages

    Within the earliest of civilizations of India, pre-pubescent girls were offered to men as wives, which ultimately lead to the destruction of women’s domestic independence. As said in Document 1, “because girls married before they could finish their education, they were not qualified to perform ritual sacrifices. Furthermore, wives’ legal rights eroded.” Likewise, Indian women became politically subordinate to men. However, by modern standards, women’s social

    Read More

  • Inequality of Women During 1840 to 1968

    1910 Words  | 4 Pages

    Many ancient laws and beliefs show that women from all around the world have always been considered inferior to men. However, as time went on, ideas of equality circulated around and women started to demand equality. Many women fought for equality and succeeded in bringing some rights. However, full equality for women has yet to be fulfilled. This issue is important because many women believe that the rights of a person should not be infringed no matter what their gender is, and by not giving them equality, their rights are being limited. During the periods 1840 to 1968, total equality for women did not become a reality due to inadequate political representation, economic discrepancy, and commercial objectification.

    Read More

  • The Relationship of Jesus with Women in the Bible

    1465 Words  | 3 Pages

    Throughout history and even today women are regarded as inconsequential. They are chattels or servants, a person without rights. In some present instances, women are struggling to show that they do have rights and can make a contribution to society if given the chance.

    Read More

  • Women as a Minority Group

    1272 Words  | 3 Pages

    Women have been treated unequally since the beginning of time. Just recently have things began to change for the better for women and the future of our society. The increase in women’s equality rights will take time, but some day women and men will be treated equally. This cannot happen until each of us is able to look at a person and just see another individual, not a male or a female, white or black, rich or poor… a person as just a person.

    Read More

  • Ruth Benedict Ethical Relativism

    912 Words  | 2 Pages

    ... for Hindus until the British stepped in and compelled the Hindus to behave immorally by allowing their widows to remain alive.”(97.)

    Read More

  • Legal Pluralism Essay

    1818 Words  | 4 Pages

    There is a collective existence of different forms legal systems, because of the country’s diversity in culture, language and religion. This diversity is able to flourish in India only because of representation of different communities. Diversity and pluralism are acknowledged in India which safeguards the interests of different social groups and communities. This led to law being seen as necessarily pluralistic. However, after colonisation there was an effort made by the British to make law uniform, an essential condition in what was seen as ‘modern law’. Nonetheless, after independence an effort was made to have a pluralistic legal system as this would lead to better representation of different communities. This is how the Panchayati Raj system, a form of local self-government came about. Panchayats were reintroduced in 1992 after the British rule, and there a panchayat in every town of village. The people of the village elect the members of the ‘panch’, whose responsibility is the local administration of the village. In many places, gram panchayats are also known as gram sabhas. In this manner, different forms of legal pluralism shape everyday ordering and disputing in rural and urban India. They relate to formal law as well as customary legal orders equally. The two governance systems interact, which can be termed as formal law and traditional law. Customary law is also termed as unnamed law as it does not refer to a specific basis of

    Read More

  • Impact Of British Colonialism on the Indian Caste System

    2707 Words  | 6 Pages

    The current manifestations of the caste system are now far more generalized across the Indian subcontinent than was the case in former times. Caste as we now recognize has been endangered, shaped and perpetuated by comparatively recent political and social developments. This is evident even i...

    Read More

  • Women Deserve the Same Rights as Men

    1285 Words  | 3 Pages

    Since women have fought for a long time and proven their importance in society, they deserve the same rights as men. Before women can prove they too deserve the same rights as men, they must first put to rest the myths and beliefs of their status in this country. This myth of the female status in the United States, and in most other places in the world, has always been the same. It is the belief that women should be in the kitchen, taking care of the kids, and the house, amongst other beliefs. However, in today's society, this is considered ludicrous.

    Read More

  • The Objectification of Women

    1205 Words  | 3 Pages

    Since the beginning of time, women have always been seen as things purely for the pleasure and benefit of men. Women have always been objectified. Objectification is seeing and treating a person as if they did not have thoughts and feelings, as if they had the status of an object.{1} Only in recent years have they begun to be seen as individuals of equal intelligence and ability. You may think, ”Women have had equal rights for a while. I do not see how this is a problem.” It may not seem like women were given their rights recently, but in our history, women have been treated objectively for thousands of years, even dating back to biblical times. Still, even when women have the same rights, opportunities, and responsibility as men, women can be found almost everywhere being treated as though they were incompetent and lesser human beings.{4}

    Read More

  • Personal Law: Article 14 And 21 Of The Constitution

    575 Words  | 2 Pages

    and 21 of the Constitution. Article 14, of the same,guarantees equality before law and equal protection of laws. Further, article 15 prescribes that no law can discriminate only on the grounds of sex, caste, etc. Article 21 bestows upon the citizens the fundamental right of life and personal liberty. It has been well established that the Constitution is the most supreme document and is above all laws and persons. Thus any personal law which discriminates against women would, by its very nature, be unconstitutional and violative of Articles 14 and 15 of the Constitution and the expanded meaning of right to life and personal liberty under Article 21. Over the years, the Supreme Court has taken different views in different judgments while dealing with personal laws. In a number of cases it has held that personal laws of parties are not susceptible to Part III of the Constitution dealing with fundamental rights. Therefore they cannot be challenged as being in violation of fundamental rights especially those guaranteed under Articles 14, 15 and 21 of the Constitution of India. On the othe...

    Read More

  • Child Brides and Marriage

    1205 Words  | 3 Pages

    Sagade, Jaya. Child Marriage in India: Socio - Legal and Human Rights Dimensions. Oxford University Press: 2005 edition. Print.

    Read More

  • Dalit Human Rights Essay

    1265 Words  | 3 Pages

    Human right is a dynamic concept and endeavours to adapt itself to the needs of the day. The Dalit human rights have to be taken to the center stage of any political and social movement in the country. Dalits have to spearhead this human right movement and all progressive forces should join their hands with them. In this 21st century it is absolutely necessary that common people need to be sensitized about the prevailing atrocities against Dalits. Education and enlightenment can go a long way to break the social, economic and cultural shackles that have bound Dalits. Capacity building, awareness generation and developing leadership skills among women can help them gain confidence to raise a voice against violence and assert their rights. Dalit organizations, NGOs and Human Rights bodies could play a vital role in the above identified areas. Dalit is a social force, a cultural symbol and has a historical background. Dalit women are estimated to contribute eighty per cent of total labour to strengthen the national economy. Ambedkar rightly said “Rights are protected not by laws but by the social and moral conscience of society”. Dalits are not voiceless, and capable to raise their voice. To conclude, there is a growing need to capture violence of Human Rights of Dalits so that talent and potential of Dalits can be used for development of the nation. Dalits need to be empowered with their basic rights. So, voice of the voiceless is voiced here and that should be heard by society and the mainstream as

    Read More

More about the 2005 Amendment of the Hindu Succession Act

Open Document