| Introduction: Briefly explain the difference in land ownership of men and women. Body: Explain why women have such low land ownership. Write the benefits of increased land ownership of women. Write about the issues of inheritance laws in India. Conclusion: Give a way forward. |
In India only 12.8% of operational land holdings are owned by women, which constitutes 10.34% of the area of holdings, while women constitute about 50% percent of the population. Which points towards more deep-rooted inequality in the Indian society. Property is seen as a primary source of wealth and generally passed on to male heirs. It deprives women of agency, financial independence and entrepreneurship;
It is desirable that women have better access and ownership of land because it leads to various social and economic benefits for the country.
- Better access and ownership to land would improve financial standing and autonomy of women. It would enable access to credit and other financial resources for women, thereby improving financial inclusion.
- According to many studies, women have a greater tendency to use their income for the needs of their households like better nutrition and education of children. Which would create a strong base for society.
- It would bring a sense of security, self confidence, increased bargaining power and public participation. The chance of propertied women being physically abused reduces from 49 per cent to 7 per cent due to an increase in the wife’s bargaining power
- Greater equitable rights to land are also part of SDG goals. These goals are part of the United Nations and have been adopted by India as part of global development 2030
Inheritance laws in India have not been able to achieve desired outcome, which creates the necessity for improvements
- No uniform law in the country, which creates difference between women following different religions.
- While the Hindu Succession Act (HSA) of 1956, applied to Buddhists, Sikhs, Jains and followers of Arya Samaj, Brahmo Samaj. Other inheritance laws have not been codified.
- Even in the Hindu Succession Act, 1956, its amendment in 2005, and SC judgment, there is a lot of confusion over the rights of women.
- Complex inheritance laws for agricultural land with conflicting central personal laws and state laws make the scenario difficult for women.
- While inheritance laws created the legal obligation of sharing of property, no such social obligation exists which hinders the implementation of laws.
Recently, the Supreme Court has ruled that daughters will have equal rights to their father’s property even prior to the enactment of the Hindu Succession Act (HSA) of 1956. However, it remains to be seen whether it will have an effect on the ground or not.
For any law to be successful it has to be socially acceptable. The same goes for the inheritance laws in India. Social sanction for equal right of women in property, needs to be created by sustained behavioral campaign.
