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VOL. 7, ISSUE 1 (2021)
Hindu women’s right to land in India: A comprehensive study
Authors
Akhil Bharat Kukreja
Abstract
This research paper focuses on the right of Hindu women to land in India. Since India is a nation with diverse cultures and beliefs, customary and legislative laws vary from one religious community to another. The paper explores in detail the status of women's right to land in the early Vedic period, and how the advent of the philosophies of the Mitakshara and Dayabhaga Schools of Hindu law was a step towards providing hereditary capacity to five females – the widow, the daughter, the mother, the paternal grandma and the paternal grandma. The paper further raised the topic of women's right to Stridhan, what is Stridhan and whether a woman has a restricted or absolute right over Stridhan. Apart from deliberating on the historical background of Hindu women's right to land, the paper further analyses the constitutional mandate on gender-just property rights. In addition, the paper discusses the ground-breaking legislation, the Hindu Succession Act, 1956, concerning the proprietary rights of Hindu women and how its shortcomings were subsequently fixed by the Hindu Succession (Amendment) Act, 2005. The paper further addresses how the right to own/inherit land is still denied to Tribal Women, the problems that persist even after the requisite amendments have been made to the Principal Act and the most recent judicial pronouncements that have eliminated the questions posed by the 2005 Amending Act.
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Pages:71-77
How to cite this article:
Akhil Bharat Kukreja "Hindu women’s right to land in India: A comprehensive study". International Journal of Law, Vol 7, Issue 1, 2021, Pages 71-77
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