Equality before the law is a fundamental right enshrined in our constitution. But is it really being achieved?
Women of all communities in the country are deprived in one way or another. But society often doesn’t allow hindu women a place to stand. In Bangladesh we look to live with equal dignity, but with cases like inheritance hindu women are not allowed any basic rights. According to hindu tradition, if the parents die, only the sons receive the father's property.
The Hindu Women's Right to Property Act, 1937, specified the widow's share (ie the share equal to one son), but also clarified that it was to be treated as a life entity property only. After 85 long years, hindu law has not changed. On August 1, 2020, the Supreme Court of Bangladesh ruled that hindu widows will inherit the property of their husbands, but will inherit the property received, but the property received will not be sold or transferred, it will only be considered a usufructuary. She can't donate it even to her own child. After her death it goes into the possession of the deceased husband's male heirs.
To eliminate this disparity in the law, the draft Hindu Inheritance Act, 2020, has been formulated by civil society to ensure equal rights of hindu men and women in property, but it has not yet been implemented. At present, according to the hindu law of inheritance, if one has a son, the daughters will not inherit any property. And a hindu woman will not receive any property unless she has a male child. One can see this as a way to encourage the birth of sons in order to get a share of the property and also as a way to cast daughters off as unnecessary. Only in the absence of any sons and grandsons can daughters potentially inherit their fathers’ property.
Only in the absence of any sons and grandsons can daughters potentially inherit their fathers’ property
hindu women generally acquire property in two ways, one is inheritance and the other is stridhana.
Stridhan means gifts received from father's house and husband's house at the time of marriage. Property given to women comes from their relatives. This property can be transferred by the woman at will and after her death the right of this property vests in her own heirs. According to conventional law, women will have full rights in property only over this stridhan.
But the problem is that this gift is completely dependent on the wishes of the givers. In modern times this gift is also considered as “dowry” in some cases. The major risk of stridhan is that it is unannounced like dowries. Therefore it is forbidden and illegal.
India approved the Hindu Succession Act in 1956, guaranteeing hindu men and women an equal share of inheritance property. The act was later updated in 2005 and 2007 to make it more modern. However, hare, we are lagging far behind. hindu women face discrimination in divorce as well as property rights. Since Hindus do not have a divorce law of their own, women are allowed to file for divorce under the Muslim Family Law Ordinance, 1961. However, a man is allowed to get married as often as he pleases under hindu law, but his spouse cannot file for divorce. It takes universal family law to solve these issues.
In an independent state, the state must ensure that hindu women have civil rights -- the same rights as everyone else. Universal equal rights to property would be a milestone achievement in our legal arena after independence.
Nusrat Jahan Anika is a student of law and a freelance contributor.