How Stridhan Empowers Women in Land Inheritance Issues

Women in Hindu society have historically possessed limited rights when it comes to ancestral land ownership. Unlike their male counterparts, they have not enjoyed equal access to land inherited from their ancestors since ancient times, largely due to the traditional concept of Stridhan within Indian culture. This custom has influenced the extent of women's rights in land inheritance. Legislation such as the Hindu Succession Amendment Act (2005) introduced a new principle of equality, ensuring that women receive the same inheritance rights as men, particularly regarding land.

It declares that sexual discrimination in Hindu inheritance laws is abolished. According to section 6 of the Hindu Succession (Amendment) Act (2005), daughters have the right to equal shares in ancestral properties alongside their male siblings. This illustrates that a woman is never seen as an independent individual; she is always reliant on a man and does not need property ownership. The National Family Health Survey-5 (NFHS-5) data reveals that property ownership is more common among men than women. However, women are not completely barred from inheriting movable or immovable assets from their ancestral and marital families. Still, their share of the property is significantly smaller than that of their male counterparts.

What does Stridhan mean, and why is it significant in Indian culture?

Stridhan originates from Sanskrit, merging two words: Stri, which means woman, and Dhan, signifying wealth or property, thus referring to a woman's property or fortune. It can also be spelled as Stridhana, Stridhanam, Streedhana, or Istridhan, among other variations. This concept primarily encompasses gifts received at marriage, including clothing, jewellery, ornaments, household items, livestock, and occasionally, real estate. Both movable and immovable possessions are part of Stridhan. The notion of Stridhan has held significance in Indian society since ancient times.

The ancient legal text known as Manusmriti was the first to introduce the term Stridhan to refer to types of property that women could solely own. Other historical texts, including Smritis and Puranas, address Stridhan; however, none explicitly delineate women’s inheritance rights. A woman typically did not hold complete ownership of her Stridhan, as Manusmriti states that a wife, along with her property, is considered to belong to her husband.

How does Stridhan influence women's rights to inherit the land?

According to a report by the Asian Development Bank from 2018, there are two primary reasons for the starkly disproportionate allocation of land to women in India: one is the personal religious laws that regulate land ownership, which falls under state authority and are not governed by a uniform constitutional law, leading to discriminatory inheritance rights for women. The second reason is the cultural norms prevalent in India’s patriarchal society, which hinder land ownership for women. In the Hindu context, pervasive cultural beliefs encompass the concept of stridhan, suggesting that women hold rights only to family gifts such as gold jewellery and clothes, but not to land, unlike their brothers.

In Indian culture, daughters are often referred to as “Paraya Dhan,” signifying that they are viewed as the property or wealth of someone else's family, specifically their husbands and in-laws. These entrenched cultural beliefs, along with the strong influence of Stridhan, have a significant impact on women's rights to inherit land. Consequently, parents frequently do not consider it necessary to pass on property rights to their daughters through inheritance. The prevailing societal norms in Hinduism suggest that any Stridhan was already given to the daughter negates her claim to inheritance.

What leads women to shy away from asserting their rights to inherited property?

The Hindu Succession (Amendment) Act (2005) was introduced to enhance women’s rights to equal shares in ancestral property, including land. This legislative change established equal rights for daughters and sons. However, the cultural and social biases against women have hindered the realization of these equal land rights for women. The amendment of Section 6, which allowed daughters the same birthright as sons, represented the most significant change introduced by the Hindu Succession Act. By granting children of a deceased daughter equal rights as children of a deceased son, it created parity between male and female lines of succession. Yet, one might wonder why women often refrain from claiming their rights to inherited land.

Numerous cultural and traditional factors contribute to this, but a significant reason is the ongoing discrimination daughters experience from an early age. They are often seen as inferior due to their gender and the prevailing patriarchal values within their families and communities. This perception leads to assumptions that women are too weak to manage properties like land or homes independently. Such discrimination fosters their socio-economic marginalization, which further undermines their ability to assert claims on ancestral land or property. Various traditional and cultural customs also inhibit women from claiming their rights, such as the bond between brothers and sisters, which is strongly reinforced by celebrations like Rakshabandhan and Bhaidooj. Women often confine themselves to accepting Stridhan, a practice that persists even post-marriage in the form of gifts on special occasions. All these cultural restrictions deter women from claiming their inheritance rights, even when they are aware of their legal entitlements.

As highlighted in a 2012 report by the World Bank, while economic opportunities for women in developing nations are gradually improving, inheritance laws remain deeply skewed against women in numerous cultures. When the division of inherited wealth is significantly uneven, understanding the implications of this inequality on economic disparity becomes crucial. Parental transfers of material wealth and investments in human capital are key forms of intergenerational transfers that have profound effects on long-term development.

How can women gain empowerment and achieve independence?

In India, inheriting land serves as the main method for acquiring property. Equal rights to land for women are also a crucial objective of Goal 5 concerning gender equality within the United Nations Sustainable Development Goals (SDGs). Through this equality, societal changes occur, enabling women to become financially self-sufficient without relying on male relatives, thus allowing them to make their own choices and participate equally in all areas.

The United Nations Sustainable Development Goals state, “Gender equality is not only a basic human right but also a necessary basis for a peaceful, prosperous, and sustainable world.” This legislative reform from 2005 represents one avenue toward achieving equal rights for daughters regarding their father's entire estate; such rights may enhance their security and self-esteem. This development could potentially reduce incidents of violence against women, including domestic abuse, sexual exploitation, and inequality. Women in India frequently endure various forms of violence from their spouses and family members, often due to their financial dependence on their husbands or the inability to provide a sufficient dowry. The rising number of dowry-related crimes in the nation emphasizes the crucial need for equal property rights for women.

Conclusion

Owning land and property will not only boost their confidence in generating income, but it will also serve as a key factor in granting them significant input in household decision-making, both in domestic and financial matters. The lack of these rights often leads to a lower status for women within both family and social contexts. The 2005 legislative reform is a solution to numerous challenges faced by women. Contemporary society should embrace this reform for the good of their daughters. It will ultimately guarantee a brighter future for both women and the nation as a whole.

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