Daughter as a Coparcener: Step towards Gender Equality
By: Mayank Samuel, Second Year Student of National Academy of Legal Studies and Research (NALSAR), Hyderabad
ABSTRACT
This research paper discusses the prospects of how making a daughter a coparcener in the joint family property is a step towards gender equality. This hypothesis has been looked into by researching on the position of women in three different stages, namely, position of women before the enactment of The Hindu Succession Act 1956, that is, under Shastrik Law, her position on and after the enactment of Hindu Succession Act 1956 (HSA) and the last and final stage of her position after the amendment in the Hindu Succession Act, that is, The Hindu Succession (Amendment) Act 2005. The researcher has also looked into the aims of The Hindu Succession Act 1956 as well as the amended act and whether such legislations were successful in removing the discrimination and inequality prevalent among the male heirs and daughters as well as their criticism on the grounds of retaining discriminatory provisions. The researcher further aims to suggest some steps which can be taken to bring about gender equality in the family, first and foremost.
The research plan for this project has been sought to be followed purely on the basis of doctrinal type of research. The researcher has restricted the scope of the research to gender issues specific to India in relation to coparcenary and gender inequality. The researcher though looking into Dayabhaga school of Hindu law whenever and wherever required has not gone into much detail focusing more on the Mitakshara school of Hindu law which is prevalent in major parts of India. Every effort has been made to present an unbiased account of the issue in hand; however, the research may suffer from an inevitable bias which comes from referring to sources of information which might have a certain bias.