Gender Discrimination in the Devolution of Property

  • Aryan Sharma
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  • Aryan Sharma

    Student at Christ University, Bangalore, India

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In India, legislation governing citizens in aspects of personal law (marriage, divorce, inheritance, and adoption) varies depending on the person's belief. The Hindu Succession Act, 1956 governs property inheritance among Hindus, Buddhists, Jains, and Sikhs. This statute governs the transfer of all assets owned by Hindus. The HSA's regulations discriminate against Hindu women by establishing separate procedures for the devolution of property held by men and women. These laws have the effect of unfairly prioritizing the husband's family in the system of devolution above the wife's family, even though the property belongs to the woman. The regulation dates from a time when it was impossible for Indian women to hold and obtain property. These prejudices, however, continue to be committed against Hindu women in India today. The Hindu Personal Laws and their amendments, as well as the many Law Commission recommendations, provide for such a right for women, but there has been no effective development. Indian women's situations have remained unchanged, although their counterparts throughout the world continue to enjoy this right. This discrimination is in violation of Articles 14, and 15 of the Indian Constitution as well as is in stark violation of India's commitments under the United Nations Convention on the Elimination of All Forms of Discrimination Against Women, and has a number of negative repercussions, particularly when the property in question is acquired by the woman through her own skill or effort. To achieve its goals, an effective social reform movement must rely on the rule of law and a receptive judiciary. Thus a framework must be constructed to ensure Women's empowerment, equal rights to both men and women, an equal share of the property, etc.


Research Paper


International Journal of Legal Science and Innovation, Volume 3, Issue 6, Page 250 - 260


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