Hindu Womens Property Rights
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| Author | : Reena Patel |
| Publisher | : Ashgate Publishing, Ltd. |
| Total Pages | : 168 |
| Release | : 2013-01-28 |
| Genre | : Law |
| ISBN | : 1409493407 |
Hindu women in India have independent right of ownership to property under the Law of Succession (The Hindu Succession Act, 1956). However, during the last five decades of its operation not many women have exercised their rights under the enactment. This volume addresses the issue of Hindu peasant women's ability to effectuate the statutory rights to succession and assert ownership of their share in family land. The work combines a critical evaluation of law with economic analyses into allocation of resources within the family as a means of addressing gender relations and explaining resulting gender inequalities.
| Author | : Srimati Basu |
| Publisher | : SUNY Press |
| Total Pages | : 324 |
| Release | : 1999-02-25 |
| Genre | : Social Science |
| ISBN | : 9780791440964 |
Using the contemporary workings of property law in India through the lives and thoughts of middle-class and poor women, this is a study of the ways in which cultural practices, and particularly notions of gender ideology, guide the workings of law. It urges a close reading of decisions by women that appear to be contrary to material interests and that reinforce patriarchal ideologies. Hailed as a radical moment for gender equality, the Hindu Succession Act was passed in India in 1956 theoretically giving Hindu women the right to equal inheritance of their parents self-acquired property. However, in the years since the acts existence, its provisions have scarcely been utilized. Using interview data drawn from middle-class and poor neighborhoods in Delhi, this book explores the complexity of womens decisions with regard to family property in this context. The book shows that it is not passivity, ignorance of the law, naiveté about wealth, or unthinking adherence to gender prescriptions that guides womens decisions, but rather an intricate negotiation of kinship and an optimization of socioeconomic and emotional needs. An examination of recent legal cases also reveals that the formal legal realm can be hospitable to womens rights-based claims, but judgments are still coded in terms of customary provisions despite legal criteria to the contrary.
| Author | : Amrita Mondal |
| Publisher | : Walter de Gruyter GmbH & Co KG |
| Total Pages | : 240 |
| Release | : 2021-04-06 |
| Genre | : Social Science |
| ISBN | : 3110690535 |
Owning Land, Being Women enquires into the processes that establish inheritance as a unique form of property relation in law and society. It focuses on India, examining the legislative processes that led to the 2005 amendment of the Hindu Succession Act 1956, along with several interconnected welfare policies. Scholars have understood these Acts as a response to growing concerns about women’s property rights in developing countries. In re-reading these Acts and exploring the wider nexus of Indian society in which the legislation was drafted, this study considers how questions of family structure and property rights contribute to the creation of legal subjects and demonstrates the significance of the politico-economic context of rights formulation. On the basis of an ethnography of a village in West Bengal, this book brings the moral axis of inheritance into sharp focus, elucidating the interwoven dynamics of bequest, distribution of family wealth and reciprocity of care work that are integral to the logic of inheritance. It explains why inheritance rights based on the notion of individual property rights are inadequate to account for practices of inheritance. Mondal shows that inheritance includes normative structures of affective attachment and expectations, i.e., evaluatively-charged imaginaries of the future that coordinate present practices. These insights pose questions of the dominant resource-based conceptualisation of inherited property in the debate on women’s empowerment. In doing so, this work opens up a line of investigation that brings feminist rights discourse into conversation with ethics, enriching the liberal theory of gender justice.
| Author | : Klaus Deininger |
| Publisher | : World Bank Publications |
| Total Pages | : 33 |
| Release | : 2007 |
| Genre | : Access to information |
| ISBN | : |
Recognition of the potentially deleterious implications of inequality in opportunity originating in a skewed asset distribution has spawned considerable interest in land reforms. However, little attention has been devoted to the fact that, in the longer-term, the measures used to implement land reforms, especially rental restrictions, could negatively affect productivity. Use of state level data on rental restrictions, together with a nationally representative survey from India suggests that, contrary to original intentions, rental restrictions negatively affect productivity and equity by reducing scope for efficiency-enhancing rental transactions that benefit poor producers. Simulations suggest that, by doubling the number of producers with access to land through rental, from about 15 million currently, liberalization of rental markets could have far-reaching impacts.
| Author | : Rachel E. Brulé |
| Publisher | : Cambridge University Press |
| Total Pages | : 395 |
| Release | : 2020-10-22 |
| Genre | : Political Science |
| ISBN | : 1108870600 |
Quotas for women in government have swept the globe. Yet we know little about their capacity to upend entrenched social, political, and economic hierarchies. Women, Power, and Property explores this question within the context of India, the world's largest democracy. Brulé employs a research design that maximizes causal inference alongside extensive field research to explain the relationship between political representation, backlash, and economic empowerment. Her findings show that women in government – gatekeepers – catalyze access to fundamental economic rights to property. Women in politics have the power to support constituent rights at critical junctures, such as marriage negotiations, when they can strike integrative solutions to intrahousehold bargaining. Yet there is a paradox: quotas are essential for enforcement of rights, but they generate backlash against women who gain rights without bargaining leverage. In this groundbreaking study, Brulé shows how well-designed quotas can operate as a crucial tool to foster equality and benefit the women they are meant to empower.
| Author | : Eleanor Newbigin |
| Publisher | : Cambridge University Press |
| Total Pages | : 279 |
| Release | : 2013-09-19 |
| Genre | : History |
| ISBN | : 1107434750 |
Between 1955 and 1956 the Government of India passed four Hindu Law Acts to reform and codify Hindu family law. Scholars have understood these acts as a response to growing concern about women's rights but, in a powerful re-reading of their history, this book traces the origins of the Hindu law reform project to changes in the political-economy of late colonial rule. The Hindu Family and the Emergence of Modern India considers how questions regarding family structure, property rights and gender relations contributed to the development of representative politics, and how, in solving these questions, India's secular and state power structures were consequently drawn into a complex and unique relationship with Hindu law. In this comprehensive and illuminating resource for scholars and students, Newbigin demonstrates the significance of gender and economy to the history of twentieth-century democratic government, as it emerged in India and beyond.
| Author | : Lata Marina Varghese |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2015 |
| Genre | : Indic literature (English) |
| ISBN | : 9781443870092 |
This book presents an informative examination of how the issue of womenâ (TM)s land rights has been dealt with both in Indian literature, particularly Indian English fiction, and in Indian society. The human rights of women are a revolutionary notion that has opened the way for the definition, analysis, and articulation of womenâ (TM)s experiences of widespread violence, degradation, discrimination, and marginality. Globally, womenâ (TM)s land rights are becoming an area of increasing urgency and concern as discrimination against women over land, property and inheritance rights continues to keep them in a subordinate position even today. Land empowers, and equality in land rights is an indicator of womenâ (TM)s economic empowerment and at the same time helps in poverty reduction. Many Indian writers, especially Indian English women novelists, have dealt with issues of land, dispossession, hunger and poverty in rural India in particular, but none have explicitly referred to womenâ (TM)s land rights. For men, land is an essential element of their identity as â ~providerâ (TM), but for women it is a demand for recognition as a human being. However, women in India are rarely landowners, and in most Indian families women do not own any property in their own names. They are usually refused a share in the paternal property, although, according to the Indian Succession Act, 1925, everyone is entitled to equal inheritance. Unfortunately in India, law and society conspire to deny women their right to land ownership, although there have been several legal amendments to redress this gender inequality. This book deals with the gap that lies between womenâ (TM)s land rights in India and the actual ownership of land.
| Author | : Bina Agarwal |
| Publisher | : Cambridge University Press |
| Total Pages | : 600 |
| Release | : 1994 |
| Genre | : Business & Economics |
| ISBN | : 9780521429269 |
An analysis of gender and property throughout South Asia which argues that the most important economic factor affecting women is the gender gap in command over property.
| Author | : Ramabai Sarasvati |
| Publisher | : |
| Total Pages | : 172 |
| Release | : 1887 |
| Genre | : Hindu women |
| ISBN | : |
| Author | : Faustina Pereira |
| Publisher | : BRILL |
| Total Pages | : 299 |
| Release | : 2019-03-19 |
| Genre | : Law |
| ISBN | : 9004357270 |
The People’s Republic of Bangladesh is centrally located in South Asia and is one of the eight countries that constitute the South Asian Association of Regional Cooperation (SAARC). In 2010, the South Asian Institute of Legal and Human Rights Studies in Dhaka (SAILS) initiated the ‘Combating Gender Injustice’ research study to investigate how the Christian, Hindu and Muslim communities in the country are affected by the laws and customs governing their personal lives. The aim was to engage in a dialogue with the stakeholders the results of which would provide a basis to formulate recommendations for law, policy and procedural reform. These reports have been reproduced in this volume in updated and revised form. Moreover, in order to offer a more complete overview of the ethnic and religious minorities concerned, a chapter has been added on the personal laws of the Buddhist community, the third largest religious community in Bangladesh. Finally, the volume offers much needed information on the laws and customs of the indigenous peoples of the Chittagong Hill Tracts, communities following traditional rules and customs in the remote and hilly region of the country. The gender-insensitive personal laws prevalent in South Asian societies will continue to be debated for generations to come. This unique volume gives a voice to the different religious and ethnic communities affected by the current laws and practices in force in Bangladesh. The reader will find an overview and gain understanding of the legal issues that need to be addressed in each case.
