This story is from October 09, 2022
Jharkhand: ‘Right to property important for empowering women’
RANCHI: The right to property is an important tool for empowering women, especially in developing countries, said Supreme Court judge Justice B V Nagarathna on Saturday. He also said despite reforms in laws to ensure equal rights to women in this regard, disparity still exists in society.
She was delivering a speech on the topic ‘The Evolution of Women’s Right to Property in India: A facet of Empowerment’ during a state-level conference on ‘Women’s Right to Property, Road to Empowerment’ at the Judicial Academy here.
Justice Nagarathna also said India is a land of diversity where property rights are governed by personal laws based on different religions. She stressed that even though the government has implemented legal reforms, the disparity in the inheritance of property is huge, particularly in rural areas.
Suggesting that affirmative action should be taken in this regard, Justice Nagarathna said, “ The state government while allotting land to the weaker section and distributing other largesse, should ensure 30% reservation for women.”
She also said after the amendment in the Hindu Succession Act 2006, the courts have been flooded with cases, showing that women were fighting for their rights.
She added, “It would be a better scenario if both men and women sat together and worked towards settling the matter among themselves to avoid familial discord.”
In his message, which was read out in the conference, Chief Justice of the Jharkhand high court, Justice Ravi Ranjan, said though the entire gamut of laws relating to property rights of women has undergone a change, the change in societal attitude is required so that women are effectively able to access and enjoy their rights.
Addressing the gathering Justice Aparesh Kumar Singh of Jharkhand high court said out of 180 countries in the world, 164 recognize the rights to property for women but only 52 have actually been able to guarantee their rights.
He said that even though many laws have been enacted to bring about social change, what is required is their implementation.
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Justice Nagarathna also said India is a land of diversity where property rights are governed by personal laws based on different religions. She stressed that even though the government has implemented legal reforms, the disparity in the inheritance of property is huge, particularly in rural areas.
Suggesting that affirmative action should be taken in this regard, Justice Nagarathna said, “ The state government while allotting land to the weaker section and distributing other largesse, should ensure 30% reservation for women.”
She also said after the amendment in the Hindu Succession Act 2006, the courts have been flooded with cases, showing that women were fighting for their rights.
She added, “It would be a better scenario if both men and women sat together and worked towards settling the matter among themselves to avoid familial discord.”
In his message, which was read out in the conference, Chief Justice of the Jharkhand high court, Justice Ravi Ranjan, said though the entire gamut of laws relating to property rights of women has undergone a change, the change in societal attitude is required so that women are effectively able to access and enjoy their rights.
He said that even though many laws have been enacted to bring about social change, what is required is their implementation.
Stay updated with the latest local news from your city on Times of India (TOI). Check upcoming bank holidays, public holidays, and current gold rates and silver prices in your area.
Top Comment
S
Shanti Swarup Anand
1045 days ago
The problem with indian is that they become expert for every matter on the earth without acquiring knowledge on the subject. Honourable justice BV Nagarathna has rightly said that india is land of diversity and property laws are goverened by personal laws of different religion. Therefore it not right for amend only hindu personal laws.The law on right to property is a social science subject but polticians, bureocrats and honourable judges consider themselves authority on the subject. The statement of honourable justice Nagrathana considering that Indian courts have been flooded with cases after amendment of hindu succession act 2005 is women empowerment is incorrect and indicates that this amendment require studies for better understanding of the subject. This problem is because the act have given women copacenery rights in fathers property. This has not empowered women but have driven women away from her strength which was available to her father and brother family. Actually, this has broken family bonding. Women were tortured mostly in her inlaws houses, and that has increased with 2005 amendments. This is because inlaws families are asking share in her father's property. Here most important law of British parliament in 1922, enacted the Property Act enabled a husband and wife to inherit each other's property, and also granted them equal rights to inherit the property of intestate children. Under legislation passed in 1926 women were allowed to hold and dispose of property on the same terms as men. It would have been more appropriate for justice Nagrathana to recommend uniform civil code to bring every citizen at par and give equal rights. Also regarding personal laws of muslin and Christian should be amended to bring every citizen on same grid. This task should be taken under ageies of social scientists and not with politician who will eye it as their votebank.Read allPost comment
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