Seal of Justice

Context: The SC’s ruling in favour of Hindu women’s right to inherit ancestral property is a logical culmination of a long process to weed Indian laws of patriarchal prejudice.

Evolution of Women’s Property Rights in India:

• Hindu Succession Act, 1956: only male descendants of an ancestor, their mothers, wives and unmarried daughters were given the right of co-parceners (or joint legal heirs).

• 2005 amendment to the Hindu Succession Act, 1956: a woman could be a co-parcener by birth in her own right in the same manner as the son.
• SC in its recent judgement has emphasised that it is a right “by birth” of a Hindu woman to become a joint heir to ancestral property. 
• The law has now been declared to be retrospectively applied.

The relevance of SC Judgement: In sync with the following constitutional promises.

• Protects Women’s Right to property: which is important for the freedom and development of any human being.

• Ensures Gender justice: by giving rights equivalent to that of men. 

Conclusion: SC’s ruling on women’s right to property is a seal on a substantive change in the Hindu undivided family.