Document Actions

August 2005

by edward — last modified 17-08-07 22:54

A communications initiative for a balanced, planned and stable population

E-NEWSLETTER

August Issue » 2005

Women empowered

It is heartening to report on two important bills passed during this monsoon session of the Parliament - the Protection of Women from Domestic Violence Bill 2005 and the Hindu Succession (Amendment) Bill 2004. The two bills address issues related to the violence and insecurity in the lives of women. The fear of violence particularly the fear of being thrown out of the house of both the maternal and matrimonial home is a key factor which makes a woman put up with abusive behaviour and prevents her from taking any action against the abusers.

Compounded with lack of economic independence, violence condemns women to a life of dependence, despondence and deprivation. It is also the reason often sited for considering birth of a girl in the family a curse and for considering her a life-long emotional burden. Occurring, as it does within the trusting relationships of family, it is a crime that is seldom reported till it results in a death. The new bills will hopefully help more women to have the courage to question and resist abusive relationships and have more economic freedom.

Something to celebrate
By Kalpana Sharma, Bureau Chief, THE HINDU

In India, at least on paper, men and women are supposed to be equal. In fact, we know this is far from the reality. The Constitution and laws contain guarantees of equality. But the reality is different as millions of Indian women can testify.

Yet, even if laws do not change attitudes and customs, they are an important part of the process of long-term change. Indian women finally have something to cheer now with the passage by both houses of Parliament of the Hindu Succession (Amendment) Bill 2004.

The amendment to the Hindu Succession Act, 1956 was passed unanimously by both the Rajya Sabha and the Lok Sabha in August. Although the original Act granted equal right of inheritance between men and women, it had a crucial discriminatory provision that in effect denied women these rights. In what is known as the Mitakshara system, women were excluded from a share of the jointly owned family property or coparcenary. In other words, even if a brother and sister could inherit equal parts of their father's property, his share in the coparcenary would only go the son and not to the daughter. If the coparcenary included residential property, then the daughter only had right to residence and not to owning a part of it.

The Hindu Succession (Amendment) Act 2004 corrects this anomaly. It entitles women to equal ownership in the coparcenary, including the dwelling house. These rights now apply to all Hindu, Buddhist, Jain or Sikh women irrespective of whether they are married or single. Agricultural property, however, is not covered under the law, as it is a state subject.

In 1985, Andhra Pradesh led the way for such an important change by passing the Hindu Succession (Andhra Pradesh) Amendment Act, 1985. It dealt specifically with women's equal rights to coparcenary and it was argued that the inequality in the existing system violated the fundamental right to equality before the law between men and women and also encouraged the dowry system. Tamil Nadu, Maharashtra and Kerala followed Andhra Pradesh's lead. These states also passed laws amending the Hindu Succession Act.

Why is the issue of inheritance so important for women? For one, their status in the family will change dramatically irrespective of whether they are married or single. From a position of dependence on the males - father and brothers - the woman will move to a position of equality.

This will also change the way parents view the question of marriage for daughters. If she is entitled to an equal share of all property, then she cannot be regarded as a burden. The girl can then go into her marital home with the confidence that she has something of her own and need not be totally dependent on her husband. This in turn will give her the courage to make even difficult choices if her marital situation becomes unbearable. Currently, thousands of young women tolerate abuse and violence after they are married, often linked to unreasonable dowry demands, and are reluctant to return to their natal families because they believe they will be a burden on their families. All this could change with this amendment. Similarly, women who are divorced or deserted now have the option of reclaiming their rights to their parental property.

This will also change the way parents view the question of marriage for daughters. If she is entitled to an equal share of all property, then she cannot be regarded as a burden. The girl can then go into her marital home with the confidence that she has something of her own and need not be totally dependent on her husband. This in turn will give her the courage to make even difficult choices if her marital situation becomes unbearable. Currently, thousands of young women tolerate abuse and violence after they are married, often linked to unreasonable dowry demands, and are reluctant to return to their natal families because they believe they will be a burden on their families. All this could change with this amendment. Similarly, women who are divorced or deserted now have the option of reclaiming their rights to their parental property.

Of course, the law applies only to those who actually own some property. There are millions of women from such impoverished backgrounds to whom such a law will make no difference.

Yet, social evils such as dowry and son-preference exist in the class that has money and property. In fact, the whole basis of son-preference rests on the right of the son to inherit property above and beyond what the sister is entitled to. And it is this very factor that has led to the rash of sex pre-selection and female foeticide leading to the shocking decline in the sex ratio in some of the most advanced and prosperous districts in the country.

Yet, even as we celebrate this important step forward, we must be aware that laws like this will remain on paper if women are not educated about their rights. Every law can be bypassed if people really want to do so. The same could happen with this amendment unless there is a strong public education programme to accompany it. We cannot assume that a change in the law will change attitudes. As Justice Sujata Manohar said, "It is not easy to eradicate deep-seated cultural values or to alter traditions that perpetuate discrimination…Obviously, law by itself may not be enough. Law is only an instrument. It must be effectively used. And this effective use depends as much on a supportive judiciary as on the social will to change. An active social reform movement, if accompanied by legal reform, properly enforced, can transform society. And an effective social reform movement does need the help of law and a sympathetic judiciary to achieve its objective."

We can make a difference

Domestic violence is not an outcome of a personal aberration; it is rooted deeply in the gender definitions and equations. Thus, it is as much a concern of men as it is of women.
We can make a difference by helping sons break the pressures to confirm to the male stereotype of a macho man and working towards more fulfilling and enriching personal relationships!! To know more about how you can make your sons more gender sensitive, click here… http://endabuse. org/programs/display.php3?DocID=9916

Bill to deter domestic violence introduced in LS (Source: PTI)

New Delhi, August 22: A landmark bill that seeks to deter domestic violence in all forms against women by providing for punishment up to one year in jail for culprits was today introduced in the Lok Sabha.
The Protection of Women from Domestic Violence Bill, 2005, introduced by Minister of State for HRD Kanti Singh, defines the expression 'domestic violence' to include actual abuse or threat of abuse - physical, sexual, verbal, emotional or economic violence.
(Read full report here)

Laadlis seek Ganesha's blessings

As part of the community initiatives under the Laadli campaign, Population First worked with three major Ganesh mandals in Mumbai to talk about the issue of sex selection. The celebration of the festival provides an excellent opportunity to intervene at the community level.

At Lalbaug ka Raja, Palanji Ratanji mandal in Byculla and Abhyudaya Nagar mandal in Kala Chowkie, we had various activities like street plays, puppet shows and film screenings on the Laadli campaign. The Palanji Ratanji mandal even adopted Laadli as their theme and created a special tableau on the issue that won them many awards.

Watch out for a detailed report on the Laadli Ganeshotsav in our September 2005 issue.

Email this to your friend

Shetty House, 3rd Floor, 101 MG Road, Mumbai-400001, India
Telephones: 91 22 2262 6599/6672 Fax: 91 22 2270 2217
E-mail: info@populationfirst.org
Website: www.populationfirst.org

botttom Banner1.gif