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HomeNationalJansatta Ravivari stambh Ravivari Stambh special article on ancestral property and woman
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Jansatta Ravivari stambh Ravivari Stambh special article on ancestral property and woman

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Sangeeta Sahay

Today, when women are proving their mettle in every field, there are family and social efforts to undermine their success, to tie down their lives and to stifle their dreams. Despite all the claims of gender equality in the country, even today a large part of the country’s female population is forced to live a second standard life. Women also face great challenges to achieve their natural, natural rights.

In this patriarchal country, the biggest reason for ignoring and devaluing female potential is the dispossession of the girl child from her ancestral property. The independent social status of an economically dependent woman was almost non-existent. A woman’s own name and identity have always been secondary, given the addresses like mother, sister, daughter. At many levels, it has been seen as a mere means of fulfilling the needs of men.

The existence of women was considered to be contained in men only. In such a situation, the controllers of the society did not even think of making any kind of property in the name of a person from an unnamed person. In this way, written, unwritten social rules and traditions were also formed to evict women from property. This situation remained for a long time even after the independence of the country.

Today, although women have got legal rights in ancestral property, it is worth noting that how much society has adopted this legal change? Are daughters getting their due? The answer is only no. Even today, almost the same old rules are being followed. Even in this modern Indian system, almost the entire society is going on undone by keeping its neck in the hard shell of pre-made traditions.

Significantly, the biggest reason for the weak social status of a woman is her denial of the right to ancestral property. The annulment of the daughter’s equal rights in the father’s property in spite of all the rules and regulations clearly tells the story of the dual attitude of the society towards the woman.

The Mitakshara section of the law was codified as the Hindu Succession Act, 1956. It recognized only men as legal heirs. This applied to all those who were not Muslims, Christians, Zoroastrians or Jews by religion. The followers of Buddhists, Sikhs, Jains, Aryasamaj and Brahmosamaj were treated as Hindus under this law.

Since independence, there has been a debate about the share of daughters in father’s property equal to that of sons. After constant social and political debates and demands in this regard, the Hindu Succession Act was amended in the year 2005 and daughters were given equal rights in father’s property as sons.

But at the same time it was also added that if the father had died before December 9, 2005, then the daughter would not get the right. It can be said that that law was only half-hearted.
August 11, 2020 The Supreme Court, while reinterpreting the Hindu Succession Amendment Act, 2005, once again attempted to bring consciousness to the society, which was rootless in spite of the historical law and was living in the throes of archaic beliefs.

The Supreme Court in its judgment extended the succession and subsidiary rights in ancestral property to Hindu women at the same level as male heirs. According to this judgment, a Hindu woman has the right by birth to be a joint heir in an ancestral property. It does not depend on whether his father is alive or not.

The decision is applicable to joint Hindu families as well as communities belonging to Buddhists, Sikhs, Jains, Aryasamaj and Brahmosamaj. The Supreme Court also directed all High Courts to dispose of cases related to these subjects within six months.

But it is regrettable that in spite of this historic change of law, in reality the situation has changed little. Our society, which has implemented it, does not want this at all. People are sitting silent in this context by keeping the matter of law confined to the books. They want it to continue as it is, because in this is the good of the patriarchal society.

Women are also silent as a part of this ready-made system. They either do not know the legal things or if they do know, then they are unable to muster the courage to break the tradition which has been going on for thousands of years. There is also a fear in them that if they demand their rights, their family will be left behind.

She will be alone in the society. In fact, the fight for women’s rights over ancestral property is more of a mental and social battle than a legal one. In this context, while the whole society is standing with the man, the woman is standing alone in this battlefield with only a few pages of law.

Only the matter of son’s right over father’s property has permeated the folds of society. It is necessary to scratch, wash and wipe these root folds. For this, every person in the society who claims to treat his daughter as a son and take her forward has to come forward. It is possible that in the beginning only a few people will come forward, but only these few people will make this path favorable for the future.

How many women have to live in unbearable conditions due to being powerless in terms of property and dependent on others on the economic front. It is often seen that after the death of the parents, it becomes difficult for the unmarried daughters to live in their own house.
Married daughters are declared guests in their own house after marriage. When they seek shelter in that house after a calamity, they often get contempt and reproach.
The seed of dowry death of most of the married women or suicide committed by the in-laws side is also hidden in this. Things like ‘Where the daughter is born, there is a guest’ or ‘The lucky woman is the one whose doli gets up from wherever she goes’ are given to the girls in the form of ghutti.

In such a situation, they cannot even think about their right over the ancestral property. In fact, the fight for economic dependence of women is on both the mental and social level. For his victory in this it is necessary that law and order, society and family should work at all levels. Above all, the woman herself has to take charge of this fight for her existence. This is also the significance of this law necessary for the respect, security and equality of half the population.

, Jansatta Ravivari stambh Ravivari Stambh special article on ancestral property and woman

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