HINDU WOMEN RIGHTS IN INDIA

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HINDU WOMEN RIGHTS IN INDIA

Friday, 13 December 2019 | RICHA SANCHITA

In India since Vedic times, women were given lots of respect and honor in the society. They were equally given opportunities like men to develop socially, intellectually and morally. According to the Rigvedic verses, women were getting married at their mature age and free to select their own life partner at that time. Gargi and Maitreyi are two great and notable women sages who have been mentioned in the Rig Veda and Upanishads scriptures.  The status of women in the ancient Indian society was quite better. Even in Manu Smriti it has been mentioned that

Manu Smriti 3.56: "The society that provides respect and dignity to women flourishes with nobility and prosperity. And a society that does not put women on such a high pedestal has to face miseries and failures regardless of howsomuch noble deeds they perform otherwise."

However, in the middle age the status of women got deteriorated. Then women in India started facing confinement and restrictions due to the bad practices in the society like Sati pratha, child marriages, child labor, parda pratha, ban on widow remarriages, etc. Indian society became male dominated society and women were started to be treated as weaker sex in the society. Till recently, it was held that up to marriage, she is protected by her parents, during married life, she is looked after by her husband, and after the death of her husband, she was used to spend remaining years of her life under the roof of her children without any will or desire and rights in the family. But gradually, due to positive changes in the Indian Society, the status of women has been changed politically, economically and socially. During British Rule Raja Ram Mohan Roy, Ishwar Chandra Vidyasagar, Maharshi Karve, Keshav Chandra Sen have played vital role for the upliftment of the status of women. Due to their effective contribution, Bengal Sati Regulation, 1829 has been enforced for abolition of Sati Pratha, The Hindu Widows' Remarriage Act, 1856 allows the widows for their remarriage, The Special Marriage Act, 1872 restrains Child Marriage in India. It is a fact that women are intelligent, hardworking and efficient in any work they undertake. They have to feel and realize this at every step of their life that they are builders of the fate of India’s nation.

Our Constitution guarantees them equality in all the fields. The women of India, who form almost 50% of the population, have equal opportunities and rights and can aspire to any position and status in society.  Today, women in India are well conscious of their rights and privileges.

For betterment of status of Women and for safety of their rights, different Acts has been formulated in India.  Details of which are as follows:

ü Hindu Succession Act 1956: In earlier Hindu Succession Act, 1956, once a daughter was married, she ceased to be part of her father's property, but after enforcement of Hindu Succession (Amendment) Act, 2005 (39 of 2005),  now married woman could inherit their father’s property which was previously only enjoyed by the male members of the family. The Amendment made to Section 6 of the Hindu Succession Act, 1956 that deals with the Devolution of Coparcenary property have made this possible and women can also inherit property as coparceners.

"2 [6. Devolution of interest in coparcenary property.?(1) On and from the commencement of the Hindu Succession (Amendment) Act, 2005 (39 of 2005), in a Joint Hindu family governed by the Mitakshara law, the daughter of a coparcener shall,?

(a) by birth become a coparcener in her own right the same manner as the son;

(b) have the same rights in the coparcenery property as she would have had if she had been a son;

(c) be subject to the same liabilities in respect of the said coparcenery property as that of a son, and any reference to a Hindu Mitakshara coparcener shall be deemed to include a reference to a daughter of a coparcener:

Provided that nothing contained in this sub-section shall affect or invalidate any disposition or alienation including any partition or testamentary disposition of property which had taken place before the 20th day of December, 2004.

The writer is a senior advocate at Jharkhand High Court and the views expressed are her own.

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