Critical Analysis of Hindu Succession Act
INTRODUCTION
Overview
In the recent legislative proposals amending the Hindu Succession Act are important steps towards gender equality and abolition of the paternal system of inheritance prevailing among Hindus. It also gives daughters and equal share in agricultural property. The Hindu Succession (Amendment) Bill 2004 passed unanimously by the Lok Sabha, comes after a long gap; the Act was passed in 1956. The present debate about removing discrimination against women to a large extent remains confined to the experts. The law, obtuse at the best of times, takes on an even more tedious character when it comes to inheritance laws. The Constitution of India provides that every person is entitled for equality before law and equal protection of the laws and thereby prohibits discrimination on the basis of caste, creed and sex. The discrimination on the basis of sex is permissible only as protective measures to the female citizens as there is need to empower women who have suffered gender discrimination for centuries. Empowerment of women, leading to an equal social status with men hinges, among other things, on their right to hold and inherit property. Civilized societies across the globe ensure that women 's inheritance rights are more secure than those of men because women take on the tremendous responsibility of producing and nurturing the next generation. In India, women 's rights have suffered serious setbacks among all communities. Before 1956 despite the Hindu Succession Act being passed in 1956, which gave women equal inheritance rights with men, the Mitakshara coparcenary system was retained and the government refused to abolish the system of joint family. According to this system, in the case of a joint family, the daughter gets a smaller share than the son. While dividing the father 's property between the mother, brother and sister, the share is equal. The Constitution of India enshrines the principle of gender equality in its Preamble and Parts III, IV
Overview
In the recent legislative proposals amending the Hindu Succession Act are important steps towards gender equality and abolition of the paternal system of inheritance prevailing among Hindus. It also gives daughters and equal share in agricultural property. The Hindu Succession (Amendment) Bill 2004 passed unanimously by the Lok Sabha, comes after a long gap; the Act was passed in 1956. The present debate about removing discrimination against women to a large extent remains confined to the experts. The law, obtuse at the best of times, takes on an even more tedious character when it comes to inheritance laws. The Constitution of India provides that every person is entitled for equality before law and equal protection of the laws and thereby prohibits discrimination on the basis of caste, creed and sex. The discrimination on the basis of sex is permissible only as protective measures to the female citizens as there is need to empower women who have suffered gender discrimination for centuries. Empowerment of women, leading to an equal social status with men hinges, among other things, on their right to hold and inherit property. Civilized societies across the globe ensure that women 's inheritance rights are more secure than those of men because women take on the tremendous responsibility of producing and nurturing the next generation. In India, women 's rights have suffered serious setbacks among all communities. Before 1956 despite the Hindu Succession Act being passed in 1956, which gave women equal inheritance rights with men, the Mitakshara coparcenary system was retained and the government refused to abolish the system of joint family. According to this system, in the case of a joint family, the daughter gets a smaller share than the son. While dividing the father 's property between the mother, brother and sister, the share is equal. The Constitution of India enshrines the principle of gender equality in its Preamble and Parts III, IV
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