The participants resurrected a renewed commitment to dismantle the barriers to equitable property rights, thereby fostering a society where women can claim and exercise their rightful ownership
By Megha Bajaj
Action Aid in New Delhi hosted an insightful conference recently on women’s property rights, bringing together activists, policymakers, academics, and thought-leaders to discuss the pressing issues surrounding gender disparities in property ownership. The event, introduced and addressed the existing challenges in the society. Not only this, the conference turned out to be a vibrant platform where diverse perspectives were surged on a topic which needs attention from all the spheres of society, as it is interconnected with gender equality discussions, inheritance laws, entrenched value-systems and conventions and customs.
The conference was organised on the theme of ‘Property rights for women: Addressing gender disparities in property and inheritance laws and customs in India’. The panel discussion had a long list of eminent speakers, including: Rakshita Goyal from Vidhi Centre of Legal policy, Smita Gupta from Adivasi Adhikar Rashtriya Manch, Khadija Faruqui, human right activist, and Professor Varsha Ganguly from NIRMA University.
The panel discussion began with remarks by Smita Gupta, who asserted that the demand for land distribution should be widely disseminated. The issue of property rights should be discussed with a special focus on women from poor sections of society. The demand for land distribution must be confronted directly, and the needs of adivasi communities should be critically examined.
There is a need to pay attention to the rights of women from marginalized backgrounds. She said that customary laws are patriarchal in nature and should be questioned.
The next guest speaker was Khadija Faruqui, who shed light on equality in the laws for both males and females. She stressed the issue of gender discrimination present in the Muslim community of India. She said, “We are Indian Muslims, not different from our co-citizens.”
Khadija underscored the problems within her religion, pointing to its patriarchal nature and the atrocities committed against women. “We need to retain our culture, as society in our country is a bouquet of cultures…Keeping Islamic culture in mind, reforms will have to be made wherever needed… Utna hi haq de do jitna Quran mein likha hai.”
Dr Rakshita Goyal highlighted the significance of immovable property and emphasized that women rank low in the hierarchical chain regarding property rights. According to her, often women are able to inherit property after waiting for four generations. There is significant gender discrimination in this regard. If property is distributed, the son receives two-thirds of it, while the daughter receives only one-third. Besides, she noted that a mother does not inherit property if the father is alive.
She addressed the amendments made to the Hindu Succession (Amendment) Act of 2005, which aimed to remove gender discrimination in the Hindu Succession Act of 1956. This amendment grants equal rights to daughters in ancestral property. However, the Madras High Court has stated that it has led to a reduction in the share of the mother and widow. She questioned whether these laws are being implemented effectively and if women are truly receiving their property rights, as widows often only inherit land after their spouse’s death.
By the time a widow or mother of a deceased person receives the property, it is often too late to activate the land. Dr Goyal expanded her discussion to other countries, inferring that many nations have faced similar issues related to property rights and have found tangible solutions.She asserted that such voices in society should not remain unheard or neglected. She said that reforms are needed in inheritance laws, emphasizing the importance of considering the voices of women in this process. She also emphasized the rights of transgender individuals, stating, “A huge chunk of transgender people are excluded from these laws.”
The panel discussion concluded with a presentation of a research paper by Ms Varsha, who stressed the function of the judiciary and the challenges of legal battles. She posed the question, “We don’t know how to fight; we don’t know how the judiciary behaves and functions.”
She discussed her research paper on ‘Tribal Women’s Land Rights’, illustrating her points with slides that contained case studies and conclusions drawn from her research. According to her, customs regulate tribal communities and their members, while the court focuses on matters of succession. Surprisingly, customary rights often deny women their right to land.
She raised several questions based on her research paper. Is the judiciary able to provide justice regarding property rights? Are tribal communities willing to change their customary laws? Lastly, she asked: Are tribal women ready to confront the challenges posed by customary laws?
Times Headline had the opportunity to interact with Dr Rakshita Goyal. During our conversation, she provided insightful responses.
1) What is the purpose of this conference?
The purpose of this conference is to expand awareness and understanding of property rights issues.
2) What is the vision behind this conference?
The vision is to draw attention to these critical issues affecting women’s property rights.
3) How can working-class women become aware of their land and property rights?
Working-class women can educate themselves about their rights by attending conferences and participating in campaigns.
4) Do you think the increasing number of modern nuclear families is reducing the challenges related to women’s property rights?
No, on the contrary, if you look at the statistics, the rate of joint families is actually on the rise.
5) How can a woman who is confined within the four walls of her domestic sphere become aware of her property rights?
Education and awareness are key. It is essential for women to seek out information and resources that can empower them
Indeed, the consensus was clear — securing property rights for women is essential not only for gender equality, but also for broader economic and social progress of the nation. The conference, while addressing problems in the context of women’s rights, also highlighted the fact that a lot remains to be done. However, the participants resurrected a renewed commitment to dismantle the barriers to equitable property rights, thereby fostering a society where women can claim and exercise their rightful ownership.