WOMAN’S RIGHT TO PROPERTY-A STUDY IN INDIAN

CONTEXT

A rough draft submitted in the course of Law relating to Women and Child,
Semester X during the academic year 2021-22.

Submitted by-

Name :- Aditya Bhardwaj

Roll No. - 1705

B.A LL. B(Hons.)

Submitted to-

Ms. Sugandha & Mr. Vijayant Sinha

March, 2022

Chanakya National Law University,

Mithapur, Patna, 800001

OBJECTIVE OF THE STUDY-
1.To understand the property rights which are given to indian women.
2. To understand the complexities and issues pertaining to propert right in different personal laws.
3.To evaluate the effectiveness of existing legal system for property right in India.

HYPOTHESIS:
Patriarchy and male dominancy deprives women from property and inheritance rights.

CHAPTER 1: INTRODUCTION

A Change in Ancient to Modern era: Relevance with "Right to property" Property has played a
pivotal role in any society whether it be agricultural or industrial, urban or rural, ancient or modern
developed or under-developed countries, or communist or capitalist countries. The institutions of
"state" and "property" alike have come to stay and wiled enormous influence."1Property relations
are undergoing great transformations.2 Property is the most ancient, the most vital institution,
with which man become concerned. It's original function was to secure Physical Existence.
'Property' is a social concept and being a social concept is a creation of Law. According to
Bentham, Property and Law are born together and will die together. He felt that before laws were
made there was no property and that if the laws were taken away property would cease. The
expression 'property' is comprehensive. It takes in all categories of property movable or
immovable, corporeal or incorporeal. History records various theories expounded by economists
from time to time such as the theory of Natural Right, theory of utility and theory of Trusteeship.
The thin in its broader sense, is the right of domination, possession, and power of dispossession
which may be acquired over a physical thing. The right of property preserved by the Legal
systems, as well as, constitutions. The right is acquire it in many Lawful mode, or by following
say lawful pursuit, which the citizen in the exercise of the liberty.
 CHAPTER 2: EVOLUTION OF THE WOMEN’S RIGHT TO PROPERTY

The knowledge about women's movement is necessary to understand how the movement has
brought changes in law. The first phase was that of Social reform movement. Its focus was on the
suffering of Indian women and need for reform. It showed a marked departure from fatalist,
negative position on women lives. Various issues were taken with the belief in mind that it is unfair
to treat women as inferior to men because they were born so. Few of such issues are sati, child
marriage, dowry, factory legislations etc. The pioneers of this movement were - Raja
Rammohan Roy, who fought against the prevalent Sati culture of Hinduism, Aruna Asaf Ali, who
established N.F.I.W., Swarna Kumari Debi, who started women education in zanana and Madame
Bhikaji Came, who believed in armed struggle for independence.

CHAPTER 3: CRITICAL ANALYSIS OF RIGHT TO PROPERTY OF

WOMEN IN MUSLIM LAW

There are two broad schools of Muslim Law in India - Hanafi & Shia Are there any difference
between Sunni and Shia law of Inheritance? Hanfi rules only count those relatives as heirs whose
relation to the deceased person is through a male-son's daughters, son's son and father's mother.
Shia include even those persons as heirs who are related to the deceased through a female eg.
Daughter's son, daughter's daughter .

CHAPTER 4: NEED OF EMPOWERMENT OF WOMEN

It seems gender disparity is inherent in our very culture. Innumerable instances can be cited from
great epics of Ramayana and Mahabharata and also the Ancient Vedic Literature which glorify
male chauvinism. Women had no right to participate in the proceeding of houses of Rajya Sabha
and the assemblies but participation of women in Yagyas was essential. Girls were not allowed
admission in 'gurukulas' instead they had to study at home.
But even after more than 60 years of independence equality of women is still a far cry in our
country. Presently in India, it is very difficult for women to find good life partner without paying
high price in marriage market. Extremist terrorist groups in many parts of the country have been
imposing codes and other restriction on women. Women not complying with these dictums have
had to face fatal consequences.
The movement for empowerment of women as a part of major civilization transformation has been
one of the most significant social and political development during the last few decades.
Empowerment has been understood as a process, a movement, a collective action that enhances
the ability of disadvantaged and powerless individual or groups to challenge and change in their
favour existing power relationship that places them in subordinate economic, social and
political position. The empowerment of women implies a process to develop the capacity of self
reliance countering subordination on account of gender, social and economic status and role in
family and society.

CHAPTER 5: RESPONSE OF THE JUDICIARY

It is clear from the foregoing that though the property rights of Indian women have grown better
with advance of time, they are far from totally equal and fair. There is much that remains in
Indian women’s property rights, that can be struck down as unconstitutional. The response
of the judiciary has been ambivalent. On one hand, the Supreme Court of India has in a number of
cases held that personal laws of parties are not susceptible to fundamental rights under the
Constitution and therefore they cannot be challenged on the ground that they are in violation of
fundamental rights especially those guaranteed under Articles 14, 15 and 21 of the Constitution of
India. On the other hand, in a number of other cases the Supreme Court has tested personal laws
on the touchstone of fundamental rights and read down the laws or interpreted them so as to make
them consistent with fundamental rights.
CHAPTER 6: CONCLUSION