Daughter Act

Business Standard     14th August 2020     Save    
QEP Pocket Notes

Context: Apex court ruling is a big step towards gender equality.

Significance of the recent judgement:

    • Clarified the previous ambiguities: related retrospective nature of women as a coparcenary provided under the 2005 amendment to the Hindu Succession Act, 1956. 
    • Assured Equality:
      • Equal rights to the men and women now exist in terms of succession of the property.
      • Equality between religion: Now Hindu women (including Sikhs, Jains and Buddhist) can share similar right with her Christian and Jews counterparts.
    • Ending Gender Discrimination: Mitakshara coparcenary law not only contributes to gender discrimination but is oppressive.
    • Implications for family businesses: Although many family businesses have passed on their properties to their daughters, there is still a huge amount of wealth locked up in traditional Hindu Undivided Families that leverage Mitakshara laws to retain and manage family wealth.

Conclusion: Excessive delay in the interpretation of law highlights the urgent need for a clear civil code based on universal principles of natural justice and fundamental rights.

QEP Pocket Notes