Empowering Women: An Overview of Rights Under Hindu Law
Rakshi Padhan
Vikash Law School, Odisha
This Blog is written by Rakshi Padhan, a Law Graduate of Vikash Law School, Odisha
Introduction:
In today’s world, the adventure of societal shift toward gender equality and women’s empowerment has evolved significantly over time. Women empowerment is a concept that is not confined only to slogans or speech rather it represents themselves in different sectors like education and jobs. There is also notable transformation in domains such as marriage, divorce, adoption, inheritance, and many more. Various statutes of Hindu law which include the Hindu Succession Act,1956, the Hindu Marriage Act,1955, the Hindu Minority & Guardianship Act,1956, and the Hindu Adoption & Maintenance Act,1956 provide essential legal rights for women which in turn lead to women empowerment.
Marital Rights of Women under Hindu Law:
The Hindu Marriage Act, 1955 plays a very crucial role in safeguarding the rights of women in marriage or after marriage. Section 18 of the aforesaid Act provides the right of a wife to be maintained by her husband and resides in the shared matrimonial home, Hindu wife is also provided with special grounds on which divorce is granted like rape, sodomy, and bestiality (Section-13).
Adoption Rights of the Hindu Women:
Hindu Adoption & Maintenance Act, 1956 provides the specific procedures for adoption including Hindu Women. Section 8 of the aforesaid Act provides that an unmarried or divorced Hindu female has the right to adopt a child. Section 7 provides the right to the married Hindu woman to adopt a child with the consent of her husband but the wife’s consent is equally important for the husband for the initiation of legal adoption. This provision creates a balanced legal mechanism to ensure collaborative authority in family matters.
Inheritance Rights of Hindu Women under Hindu Law:
The Hindu Succession Act, 1956, and its amendment of 2005 have left a historic mark on the protection of the inheritance rights of Hindu women under Hindu jurisprudence.
In the Pre-2005 Amendment, Hindu females were provided with very limited rights and only the sons had the exclusive rights to inherit the coparcenary property of the father. However, after the amendment of the 2005 Hindu succession Act, now the Hindu daughters have equal rights to the sons. And this shift has paved the way toward gender equality and women empowerment.
The issues of the case Vineeta Sharma v. Rakesh Sharma (2020) stated whether the daughters have equal rights as the sons in the coparcenary property as incorporated under Section 6 of the Hindu Succession Amendment Act, 2005. Hon’ble Supreme Court held that daughters born before the amendment of 2005 are entitled to equal coparcenary rights as sons.
Guardianship Rights of the Women under Hindu Law
A Hindu mother is the natural guardian of her child until the child is five years old. A father is the natural guardian of his son or unmarried daughter, and a mother becomes the natural guardian after the father's death. A husband is the natural guardian of his married daughter. A mother can appoint a guardian for her minor illegitimate child through a will.
Conclusion
These legal reforms and statutes of the Hindu law have tried to advance and safeguard the rights of Hindu women. This has not only empowered women’s financial anatomy but also secured equal status in different sectors. In India, despite this legislation and advancements, it is necessary to create awareness among women which will in turn fully benefit them.
Reference
https://indiankanoon.org/doc/67965481/
https://www.dhyeyalaw.in/vineeta-sharma-v-rakesh-sharma
https://www.thehindu.com/business/budget/empowering-women-a-pathway-to transformative-change/article68438145.ece
https://blog.ipleaders.in/property-rights-of-women-in-india/