Gender and Development LAB

Introduction to Course
H.S. Shylendra

Academic Associate: Mani Mardi

 Gender and Development LAB
• Gender is Everywhere ; Everyone has a gender.
• Gender can be seen in all social and developmental domains
• Many attempts to mainstream gender in theory, policy, and practice
• Hence a course on Gender at IRMA, since long (core or elective or value)
• Term : Term 1 (PRM42)
• Credit: One & Half (Sessions 10)
• Core: Value Added
Rationale for GAD
• Gender inequalities (between male & female) in development are some of the
major challenges facing the world historically.
• Women continue to suffer discrimination in all fields despite several policies,
programs, and commitments to gender rights.
• Women, particularly from rural and marginalized communities, are unable to
realize their potential contributing fully to the development process.
• Addressing gender inequalities is necessary for accomplishment of broader
developmental goals
• Gender empowerment comes up both as a means and goal of development.
 Course Objectives
• The course will focus on understanding gender and gender issues in rural and
development context. It aims at sensitizing the participants to gender and equip
them with necessary concepts and tools to appreciate the role of gender.
• Specific Objectives :
I) To broaden the conceptual understanding about gender and how gender
intersects with social structures and identities.
ii)To examine the role of gender in various social and developmental sectors such
as family, property rights, work participation, education and health etc, using
gender lenses, and
iii) To familiarize participants about ways of applying gender in organizations,
development projects, and for rural research
 GAD LAB: Pedagogy (LAB to Class?)
• The course is basically visualized as a Lab wherein through more practical and
experiential methods the participants are enabled to understand gender.
• Online-Mode has made it as a more class than lab oriented
• A combination of pedagogic methods such as problem-analysis, (workshops),
classroom discussions, case analysis, role plays; (and presentations).
• The course expects the students to read suggested problems, cases and
resources, and actively participate in the discussion-individually and in groups.
• Individual and group assignments/ exercises and reflective essays on specific
gender issues based on the conceptual and practical learnings from the course.
 Evaluation Components: Multi-methods

• Course/ Class participation : 10%

• Quizzes (2): 20%
• Exercises/Assignments(2): 35%
• End-Term Exam: 35%
 Grading (Tentative)
A: 81-100 (A- 81-86, A 87-93, A+ 94-100)
B: 61-80 (B- 61-66, B 67-73, B+ 74-80)
C: 41-60 (C- 41-46, C 47-53, C+ 54-60)
D: 21-40 (D- 21-26, D 27-33, D+ 34-40
F: < 20

(Each letter grade is further classified into three

levels. Ex.: A-, A, A+)

Grades may be normalized by PRM Office, if there is deviation from the

suggested range in Handbook.
What is Gender?
 Some Gender Roles: Historic and Normative
Male
• Men need not do household work
• Can Plough
• Can vote and hold property
• Can hold all military positions
• Boys can climb Tress
• Boys can study upto any level
• Men are decisive
• CEO posts to be held by Men
Female
• Household work main responsibility
• Should not Plough
• Cannot vote or hold property
• Cannot be a soldier in Combat
• Girls should not climb Trees
• Girls Should not go to schools or college
• Women to be submissive
• Women to be a secretary or Nurse etc.
 Understanding Gender
• Why the difference between male and female?

• Is it due to the sex (superior and inferior?) or biology of these two groups or
Any other reasons?

• What is expected difference between male& female? What is the reality?

• Answering these kind of questions requires going-beyond-sex.

• The differences or notions are more than biological

• Notion of Gender helps us to go-beyond-sex to understand the differences

and the implications.
 Sex is Biology; Gender is Social
Sex:
• Sex is the biological difference between male and female (and transgender)
• There is presence of different reproductive organs/genitalia in men and women
• There are differences that emerge because of sex: Motherhood for women;
higher Stamina and Height for men
• But many differences are not because of sex or biology
Gender :
• Gender is more than sex difference between male and female.
• Gender is a social division or categorisation or stratification of men and women
in terms of role, attitudes and behaviours.
• Gender is a category like class or caste
• Gender is a Social-Construction: Result of socio-cultural norms and beliefs
 Gender as Category
Category Male Female Third-Sex (LGBT)
1. Biology /Sex Male; Female; Intersex; Transgender;
Chromosome (XY); Chromosome(XX); Mix or hazy organs
Male- Reproductive Female Reproductive
organs organs
Biological Role Father, Husband Mother, Partner ? (Husband,
(Male partner) Wife (female partner), Wife), Son, Daughter,
Son, Daughter,
2. Gender Father, Husband, Mother, Wife, Daughter, Husband, Wife, Son,
Social Role : Son, etc etc, Daughter, Partner
-Head of Household -Home-maker Head of household ?
-Property Owner; -Care giver
-Key Earner -Supplementary earner
Behaviour: Masculine / Manly Feminine/ Womanly Mix ?
Status & Superior; Powerful, Inferior; Impure; Deficient, Powerless; No
Perception Decisive; Complete, Powerless; Subordinate, recognition; invisible;
 Gender as a Category and Implications

• Gender therefore comes up as categorization of men and women based on

social constructs

• It is these categorization that leads to stereotyping of roles, and gender

disparities and gaps

• Though gender includes both the sexes (third also); generally, gender debates
focus on women’s issues as it is the women who are the victims of the gender
disparity or categorization.
Why Gendered World?

H.S. Shylendra
 Gender as Category
Category Male Female Third-Gender (LGBT)
1. Biology /Sex Male; Female; Transgender; Intersex or
Chromosome (XY); Chromosome(XX); Mix or hazy organs;
Male- Reproductive Female Reproductive Particular sexual-
organs organs orientation
Biological Role Father, Husband Mother, Partner ? (Husband,
(Male partner) Wife (female partner), Wife), Son, Daughter,
Son, Daughter,
2. Gender Father, Husband, Mother, Wife, Daughter, Husband, Wife, Son,
Social Role : Son, etc etc, Daughter, Partner
-Head of Household -Home-maker Head of household ?
-Property Owner; -Care giver
-Key Earner -Supplementary earner
Behaviour: Masculine / Manly Feminine/ Womanly Mix ?
Status & Superior; Powerful, Inferior; Impure; Deficient, Powerless; No
Perception Decisive; Complete, Powerless; Subordinate, recognition; invisible;
 Gender is a Social-Construction
• Gender is more than biological sex

• Gender is Social categorisation of male and female (& Transgender) in terms of

assigning different role, attitudes and behaviours

• Gender is a is a Social-Construction

• How does this social-construction takes place ?

 Various Discriminations against women
• (Sati)
• Child marriage
• Called Barren-women, if no child.
• Enforced Widowhood (no sex and
remarriage)
• Divorce /Separation
• Burden of Dowry/Bride-price
• Dowry deaths/ Bride-burning
• Prostitution
• Rape/Molestation
• Assestlessness
• Domestic violence/Control
• Gungaht (veil)
• Isolation during menses periods
• Witch-branding
• Acid attack
• Male-preference & Selective abortion
• Burden of domestic work
• Lower Education
• Exclusion from certain work
• Lesser work participation
• Lesser role in politics
 Folk Poem : Woes of women
1. ‘Oh mother, Why did you give birth to a daughter who is of no
value to the world; There is no life for us in this world;
Please drive us away to forest’

2. ‘The life of a childless woman is like working with a hired-

bullock; and to be thrown away like a used plantain-leaf’.

Source: Village Songs (1938)

 Gender Concepts
• Sex: Biological Difference between male and female sexes (& Transgender)
• Gender: Socially-constructed difference between sexes in role & behaviour.
• Gender Role: Role expected to be played by male (bread earner or head of the
household) and female (housewife) in the society as per socio-cultural norm.
• (Gender) Stereotype: Stereotypes are expected roles and behaviour given or
imposed by parents, teachers, peers, society, & media on male and female.
Boys and girls have to ‘fit-in’ to the role destined for them.
• Socialisation: As children grow-up in society, they learn or taught how to follow
or adopt expected gender (stereotyped) roles and behaviour.
• Gender Relations: Prevailing social and economic relations between men
(superior/owner) and women (subordinate/servant) determined as per social
norms leading to differences in their role and status.
• Gender Discrimination: Differentiated treatment given to male and
female(transgender) members based on social norm and prejudice leading to
inequalities.
 Why Gender Disparity ?
• The basic question is: Nature v/s Nurture ? What causes the
disparity?
• The reasons are historical and multidimensional: Influenced by
biology, religion, culture, psychology and politics.
• Though there are variation across cultures, but certain common
pattern (or cultural universals) can be observed leading to differences
• Broadly we can discuss the reasons or factors under following heads:
1. Role of Science
2. Role of Religion
3. Role of Socio-cultrual Norms(Patriarchy)
 Role of Science
• Science is supposed to be objective and rational; But the stand of
science has been biased or mixed on gender
• Historically, biology regarded male body as more perfect and female
as flawed
• It is argued that male sperm was considered as playing active role in
birth than female egg; though both have a role
• Some scientists attribute the male female difference due to Brain-
difference: ‘Male more intelligent’; ‘Women are ‘Right-brained’
• Psychologist(Freud) declared: ‘ Anatomy is destiny’ which means
roles is clear & given.
• But no conclusive proof of all these arguments; need for scepticism on
these biased arguments.
 Role of Religion
• Generally all religions tend to uphold the superiority of males
• Hinduism:
- Male is strong and pure
- Women is inferior and sinful to be controlled (Manu Smriti)
• Christianity :
- Female is secondary(emerged from man) and dependent on man
• Islam:
- Men are created to rule; women are impure
• Yet religions have tried to revere women because of the power of
motherhood crucial for sustaining human race
• Despite the godly symbolic status to women; the hierarchy is
maintained
 Ardhnarishwara:
Symbol of male & female togetherness)
 Socio-Cultural Norms: Role of Patriarchy
• Patriarchy is a prominent historical social norm & structure which has a
major influence on gender
• Under patriarchy there is male domination in the family & society;
• The lineage is traced to male (father) and property inherited as per
male lineage (agnate); Encourages male-preference
• Patriarchy emerged with Pastrolisim, agriculture & Private property
• Patriarchy has evolved due to reasons to maintain control over
property, sexuality and labour
• Before patriarchy, the status of women was better;
• Property inheritance needed clean lineage with clarity about paternity;
Hence the need for ‘pair-bonding’ & patrilocal marriages (wife going to
husband’s place)
 Patriarchy in Indian Context
• In Indian Context patriarchy worked with the caste system
• Endogamy (marriage within a caste group) was enforced to maintain caste purity
and family lineage
• Hence there was a need for control of sexuality of women (of upper caste)
through arranged marriages
• Scriptures and Mythologies sanctified endogamous marriages & wife‘s virtues.
• Women cannot deviate; Have to be dutiful to the husband (pativrata)
• Otherwise they will be disciplined and punished; no widow remarriage
• Defiance by women would lead to ‘Kaliyug’
• Patriarchy thus ensured subordination of women to maintain caste purity,
property and obedience.
 Laws of Manu (Manusmriti)
‘Though destitute of virtue, or seeking pleasure elsewhere, or devoid of good
qualities, a husband must be constantly worshipped as a god by a faithful wife. If
a wife obeys her husband, she will for that reason alone be exalted in heaven’

‘The production of children, the nurture of those born, and the daily life of men,
of these matters woman is visibly the cause’.
 Gender in Your Family: Assignment-I for Self-Learning:
• The simple Assignment is about understanding Gender in Your own family or
extended family.
• Using the Format given (in Readings/LMS/Z-drive), collect and compile good
info on 7 aspects in your family by gender (male, female & transgender).
• Find out the reasons for difference, if any, by discussing with some of your
family members.
• Use the data to understand and analyze gender & gender-roles as discussed in
the class.
• The Assignment (10%) will help you develop and wear a GENDER-LENS.
• Upload in one week’s time
Why Gender Equality Matters?:

(Gender & Development Lab )

H.S. Shylendra
Gender Division to Gender Inequality
Gender is a Social Division of Women and Men

Gender Relations

(Uneven) Power, Position and Status of Men & Women

Relations lead to (Uneven)Outcomes

Gender Inequalities/Disparities
 Gender Atlas of India (2018): Grading
Indicators Current Rate of Change
Performance (2001-2011)
1.Sex Ratio C- C+
2.Health D B-
3.Literacy D- C+
4.Political Participation & C B-
Representation
5.Decision Making C B+
6.Employment D- D
7.Crimes Against Women B+ F
Overall C- (Fail) C (Pass)
Source: Radha Kumar, M.Korff & K.Sudhir(2018), A Gender Atlas of India: With Scorecard, Sage Publications, New Delhi
(India/Global Ratio: Equal or <1 = C,D,E,F; >1 =>C+,B,A )
 UNDP: Human Development Index(HDI)/
Gender Development Index (GDI)(2018)
Indices Norway India Niger
HDI 0.954 0.647 0.377
(GDP+Education+Longeivty
HDI Rank of the Country 1 129 189
Inequality Adjusted HDI 0.889 0.447 0.272
GDI
HDI –Female 0.946 0.574 0.130
HDI –Male 0.955 0.692 0.435
GDI (HDI-F/HDI-M) 0.990 0.829 0.298
Gender Inequality Index-GII 0.044 0.501 0.647
 Why Gender Matters?
Reverse Exclusion of Third-Gender
• Gender Bias not only discriminates women but also excludes the third-gender(LGBT)
• The Supreme court has legally recognised LGBT (through 2018 Judgement on Section
377 of IPC which implicitly criminalised homosexual & such other sexual orientations)
• LGBT is natural and cannot denied their rights. Gender Identity is important;
• The third-gender comes in various forms of sexual-orientation or reproductive organs:
- Lesbian: Women getting attracted to women(Homosexual)
- Gay: Men getting attracted to men (Homosexual)
- Bisexual: Attracted to both sexes
- Transgender: Those assigned particular sex at birth but identify themselves differently.
- Intersex: Those with mixed body features of male and female
• Supreme Court said consensual sex of any sexual-orientation is not a crime
• They must be granted civil rights and human dignity; need advocacy to end the stigma
of the LGBT (In 2011 census 487,803 counted as transgender)
 Why Gender Inequalities in Development
• Need to address the inequalities in development
• The overall development affects gender inequality and vice versa
 Why Gender Inequalities in Development
• Why Gender Inequalities?
1. Persistent Gender Discrimination due to socio-cultural norms
2. Lack of Recognition of Women’s Role (esp Domestic-work)
3. Institutional Constraints (Laws and Organisations are gender-biased)
4. Gender-Blind Polices
5. Inadequate trickle-down of Development
6. Poor Implementation of Laws and Policies
7. Women Not in Positions of Power and Decision-Making
8. Overall Inequality/Poverty due to exploitation and class-differences
 Why Gender Equality Matters ?
• Any form of inequality is not desirable: Limited opportunity and Undesirable
Outcomes

• Constitution of India prohibits of discrimination on grounds of religion, race,

caste, sex or place of birth (Article 15)

• Gender Equality is important Intrinsically: Has its own value, per se, as well-
being of all is important

• Gender Equality also has Instrumental Role: Gender Equality itself can enhance
development of women; and human development gets boosted by active role
women.
 Women’s Needs and Role in Development
• Understanding the needs /interests and role of women is important in term of
addressing their development
• Needs of women: Basically two types of needs are identified
1) Practical Needs :
These are the needs which are important for fulfilling the social roles. The
practical needs meet essentially many basic and daily needs of livelihood like
access to water, food, fuel health, housing etc.
Basic needs improve women's conditions. Meeting basic needs do not have any
major confrontation in relation to men
2) Strategic Needs: These are needs which change the position and status of
women. They require reallocation of power and resources in relation to men.
Ownership and control of land and assets, Education, Seeking employment,
Political representation are some of the strategic needs of women.
Role of Women
• Child Bearing
Reproductive Role
• Child Care and Family Care; Domestic Work

• Domestic Work
Productive Role
• Farm and Nonfarm work

• Participation in Social Functions/Events

Community Role
• Participation in Groups/Association/Politics
 Approaches to Gender Equality and Women’s
Development
• Varied Approaches have been followed in the last few decades towards
improving the condition and status of women and bring about gender equality

1. Welfarist and Poverty Alleviation:

- Since 1950s to meet the basic needs of women like food , water; and ensure
income and employment generation through subsidies.

2. Women in Development (WID)

- Involve women in Development process

- Implement project and polices which encourage women's participation

3. Human Rights and Rights based Approach (UN, 1987):
- Development is a Universal Human right of both women and men
- Rights are justiciable or enforceable
4. Empowerment Approach :
- Empowerment is a way of improving the position and status of women
- Requires radical approach to meet both practical & strategic needs of women
5. Agency and Human Development Approach:
- Agency is about women becoming the agents of change for own or others.
- Women’s capabilities/opportunities are increased to ensure freedom to shape
their own destiny ; They are not to be treated as passive recipients
 Intersectionality of Gender, Caste, Religion, Class & Area(R&U)
• There is simultaneous interplay of multiple dimensions & social categories like
caste, class and religion in association with gender leading to diverse and/or
complex gender relations and outcomes (see NFHS Data 2016).
Gender Caste Religion Class Geography
UC OBC SC/ST H M C L M H Rur Urb
Owning Land Alone or Jointly
Female 26.9 29.2 32.0 29.0 24.9 28.8 34.0 28.3 24.7 31.4 22.9
Male 45.7 50.3 56.2 50.2 44.9 48.1 58.9 49.9 40.3 56.3 37.2
Have a mobile for own use
Female 56.5 45.9 30.8 45.5 43.8 63.4 21.7 40.0 74.0 36.9 61.8

Total Fertility Rate

Female 1.93 2.22 2.48 2.13 2.62 1.99 3.17 2.17 1.54 2.41 1.75
Understanding Gender in Family

H.S. Shylendra
 Family
• Family(Household) is a basic Social Institution;
• Family is a great influence on culture/gender; and itself gets influenced by
social realities
• It is both a unit of continuity and change (of norms and customs)
• In a way, gender begins at home; Family is also a place of socialisation and it
passes on cultural norms to children and members
• Understanding family (especially rural) and its link with gender is useful (Hence
the format and discussion)
 Family and Household
• Though both terms can be interchanged, but also go with different notions

• Household(Census of India) : A ‘household’ is usually a group of persons who

normally live together and take their meals from a common kitchen. Persons in a
household may be related or unrelated or a mix of both.

• A Household is more a functional unit for purpose of ongoing livelihood

• Family: As per sociological definitions family is a group of individuals living together

(not necessarily under same kitchen) during certain phase of life and bound to each
other by biological (blood) , social (marriage or adoption), and emotional
relationships;
• Family is also seen as a network (Extended household) belonging to same
kinship/clan.
 Characteristics of family/Households
• Indian families are considered to be more collectivist as compared to
western families (which go more by individualist norms)
• Joint-family has been the tradition though they are now giving way to more
of nuclear families (smaller or extended households);
• Household Size and Type (2016)
Rural Urban
Nuclear Family 56.2% 61%
Mean Size 4.7 4.3
Male -Headed HHs 85.1 85.9
Female Headed HHs 14.9 14.1
Sex Ratio (2011) (F:M) 949 929
 Functions and Role of Family in Gender
• Family/Household provides care, love and support to members of all ages and gender
(altruism). (But can also become hostile)
• Most families largely follow patriarchal norms and male-lineage for succession (except in
very few groups which follow matrilineal system); Generally, Male preference prevails
• Families have the role of supporting livelihood but also expected to help sustain the caste
and religions to which they belong to.
• Arranged and Endogamous (within same caste and religion) marriages are the norm
• Marriages are patrilocal (Married Girl goes and stay in in-laws place); Dowry is a common
practice in marriage; (Bride-price among tribals)
• Families also own and pass on properties as per the personal and formal laws
• ‘Historic defeat of female sex happened with private-property’ (Engles)
• Cooperative Conflict: Families are as seen as units cooperation and conflict over
resources; Gender is an issue of cooperative conflict; Bargaining goes on; Women’s fall-
back position determines women’s rights and claims in families (AK Sen)
 Some laws governing the family/Gender norms
• Personal laws and certain common laws govern family and gender norms
1) Hindu Marriage Act 1955 (Age of marriage; No Polygamy; Divorce by women
allowed)
2) Hindu Succession Act 1956 (Property rights to both men and women)
3) Muslim Personal Application Law 1937 (Marriage and property relations)
4) Dissolution of Muslim Marriages Act, 1939 (Divorcee by women allowed)
5) Indian Christian Marriage Act 1872
6) Dowry Prohibition Act 1961
7) The Prohibition of child marriage Act, 2006)(>18 F and >21 M)
8) Prohibition of Sex Selection Act, 1994
9) Protection of Women from domestic violence Act, 2005
10) Transgender Persons (Protection of Rights) Act, 2019
 Sex Ratio : Missing Women
• The Sex Ratio is an important indicator of Gender relations
• It has been declining since last century though improvements have been seen recently
• 1901: 972
2001: 933
2011: 943 (Child-sex ratio even worse at 919)
• Result of male preference, infanticide and sex selection
• Amartya Sen highlighted the issue of ‘missing Indian women’ (34 million) due to male
preference
• In many states even more women indicate son preference (Example in Bihar 39.2%
women preferred son as against 38.5% men as per survey)
• Despite Female Infanticide Prevention Act, Prohibition of Sex Selection Act, 1994 bias
against girls continue.
• Need for enhancing the status of girls (socially and economically)
 Domestic Violence: Sign of Women’s subjugation
• Women are subject to various kinds of violence and atrocities
• Domestic violence is a major form of violence
• While in general violence against women are going up; domestic cruelty
accounts for 36% of total crimes; Dowry-deaths accounted for 3 % of crimes
(2014)
• Protection of Women from Domestic Violence Act, 2005: Provides protection
against physical violence and emotional/verbal, sexual, and economic abuse.
Gender and Property Rights

H.S. Shylendra
 Gender and Property Rights : Introduction
• Land/Property rights is a major argument for mainstreaming Gender
• Access to economic resources like land, credit, house, & livestock are considered
as important for livelihood promotion and improving the economic status of
poor and women
• Land struggles and land reforms though have been prominent steps but land
question has been neglected in the context of women.
• Land reforms of 1950s/1960s which focussed on tenancy rights and land ceilings
did not give attention to women’s rights; even as overall land reforms had limited
success (Only 1% net land distributed to landless) .
• Arguments and Policies in favour of land rights for women have acquired
importance with ‘Women in Development 'approach.
• Policy steps were initiated to provide access to women to common land and
House, if not inheritance
 Importance Inheritance Land & Property for Women
• Several Scholars have identified reasons as to why land and property for women
is important especially in inheritance.
• Bina Agrawal’s work “A Field of Ones’Own’’(1992) is pioneering work in women’s
farm land rights
• Female members are playing an important role in agriculture; Not only female
headed households are increasing (15%) but there is feminisation of agriculture
(>70 % of women work in Agriculture).
• Women’s access to land, credit and non-farm occupations is limited; Agricultural
development also suffers as a result.
• A very limited proportion (about 2%) of women are estimated have legal rights
over agri-land. (This confirmed by a recent IRMA study in Gujarat)
 Ownership of Land, Credit and Savings in Rural Gujarat (2019)
(Based on Data from SSNNL Impact Study)
Male Female Joint

96,8 97,1
80,5
64,1

1,9 1,3 1,6 1,3 2,8

Land Bank Loan Sav A/c

 All India Operational Holdings by Gender %
(Agricultural Census, 2011,2016)

Female Male
87,2 86,1

12,8 13,9

2011 2016
 Rural House-ownership % by Gender
(H.S.Shylendra 2019 Study of Two Villages)

Male Female Joint

90 86
79

15 10
6 4 6 5

Tribal Vil Non-Tribal Total

 Why Land/Property for for Women?
• Bina Agrawal Identifies four major reasons for land rights to women:
1. Welfare Reason: Reduce women’s vulnerability; improves women and
children conditions
2. Efficiency: Just like small farms are efficient; evidence shows that women can
operate land more productively. Access to land can improve access to inputs
3. Equity: Land rights can bring about equity; Reduce violence against women
4. Empowerment: Change the power and (fall-back) position of women and
improve their bargaining abilities.
 Gender Discrimination in Land/Property Rights
• Various Personal and Common Laws govern the land and property rights
• Despite several efforts; laws are biased and discriminatory against women
1) The Hindu Succession Act (HSA)1956 (Applicable to Buddhists, Jain and Sikhs):
• The HSA recognised male lineal descendants for inheritance (agnate); Only
widows could inherit in the absence of sons and had absolute rights
• Women were not recognised as Coparceners; No birth right in property given
• Further, the HSA left the agricultural land rights issue to state tenancy laws which
are highly varying in provisions & largely were biased in favour of men
• The HSA 2005 Amendment made women equal coparceners by birth and no
local laws apply for inheritance.
• The Supreme court in August 2020 upheld the 2005 amendment saying that the
rights come retrospectively since 1956
2) Muslim Personal Law (Shariat) Application Act 1937:
- The property relations are not codified and are governed by personal laws of different sects
and schools.
- The personal laws of Sunni sect (Hanafi School) recognises Agnate norm i.e inheritance is
through male relation; the Shia Sect make as such no discrimination.
- But the quantum of share of female heir is half of that of male heirs.
- Wife and Daughter are residuary i.e get property after sons have shared. Daughter (1/3),
Widow(1/8); and Mother(1/6) get some prescribed share in property depending on sons;
But they do get absolute rights.
- Muslim laws are silent on agricultural land and left it to local customs
3. The Indian Succession Act, 1925:
- Deals with inheritance for Christians and other religions.
- Though daughters have no pre-existing right; a Christian daughter and son have equal
rights in the property of their father.
- Wife gets 1/3 or ½ of property of her husband, depending upon presence of lineal
descendants or not.
 Reasons for non-working of Laws
1. Structural mismatch in law and practice; Patriarchy and patrilocal marriages
creates barrier
2. Tradition of not seeking support from daughter by parents; dowry is
considered as compensation in lieu of inheritance
3. Growing Economic value of land and resistance by male members
4. Women forego rights because of expecting support in case of contingency
like divorce or separation
5. Intimidation by male members on women
6. Administration of law too cumbersome and prejudiced
 Way forward
• Not easy to give access to lands. Land reforms had failed; We must ensure
women's rights with in the larger land reforms
• Need for Recognition of women’s rights
• Support for social legitimacy of women's rights
• Laws to be reformed; Preferably recognise individual rights in case private land
• Better implementation of laws required.
• Access to land in other domains(State; common lands; tenancy); group rights may
be given to women for such lands;
• Awareness and mobilisation of women on their rights.