LS passes Bill giving women equal rights over agriculture land and joint property

When first introduced, it had left critical gender inequalities intact like not dealing with the share of women in agricultural land. While the Bill was handed over to a Parliamentary Select Committee, there was a demand that this Bill be reformed comprehensively to ensure full gender equality.

Over the last one year, a campaign was carried out by womens’ groups and reforms were endorsed by 50 organisations and 122 individuals from across the country.

Finally, Section 4 (2) which exempts agriculture land from the Hindu Succession Act (1956) was abolished. Now, the amended Hindu Succession Act overrides any gender discriminatory clauses in state level tenurial laws currently in place.

‘‘Symbolically, this has been a major step in making women equal in the eyes of law in every way,’’ said Bina Agarwal, professor of economics, Institute of Economic Growth. Agarwal has lobbied for changes in the Bill and deposed before the select committee.

The states where tenurial laws did not favour women were Haryana, Punjab, Himachal Pradesh, Delhi, Uttar Pradesh and Jammu and Kashmir.

Here primacy was given (as under the ancient Mitakshra system) to male linear descendents in the male line of descent.

In southern states, it was much better with the tenurial laws being silent on devolution. Kerala had abolished the joint family property system.

With this, come fears that it will further divide agricultural land and lead to fragmentation.

‘‘Agricultural land is the most important form of rural property and ensuring gender equal rights in it is important not only for gender justice but also for economic and social advancement,’’ said Agarwal. According to her, there are ways by which women can be compansated for their share even if they are not living on the property after marriage.

Studies have shown that gender equality in agricultural land can reduce not just a woman’s but her family’s risk of poverty, increase her livelihood options, enhance prospects of her child’s survival and even reduce domestic violence.

The other significant benefit has been to make women coparcenary (right by birth) in Mitakshara joint family property. Under the unamended HSA (1956), the separate property of a Hindu male would devolve to his son, daughters, widow and mother, but for joint family property, the rules were different.Sons were coparceners and had a direct right by birth to an independent share in the joint family property, in addition to their shares in the father’s portion.

The female heir only had a deceased man’s notional portion. With this amendment, both male and female will get equal rights.