What's New :
GS Mains Classes 2023, Batch Starts: 12th August

Gender bias succession Act

  • Category
    Polity & Governance
  • Published
    11th Apr, 2022

Context

  • The Supreme Court has asked centre to reply on the petition on gender discrimination in Hindu succession law.
  • The Petitioners has challenged the section 15 and 16 of Hindu succession Act, 1956.

About

The Hindu Succession Act, 1956

  • It is an act to amend and codify the law relating to the Intestate succession among Hindus.
  • The act applies to the persons:
    • Who is a Hindu by religion in any of its forms or developments, including a Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Samaj,
    • Who is a Buddhist, Jaina or Sikh by religion, and\
    • Who is not a Muslim, Christian, Parsi or Jew by religion, unless it is proved that any such person would not have been governed by the Hindu law or by any custom or usage as part of that law in respect of any of the matters dealt with herein if this Act had not been passed.
  • Section-15 of the act: The relevant provisions of this Act do not consider a Hindu woman to be an independent person capable of transferring her property to her blood relatives. 
  • Section-16 of the act: The order of succession among the heirs referred to in section 15 shall be confined to the son or male member of the family of the female.

Gender biased restriction in the law

  • The Hindu succession law does not give freedom to a female to inherit a property to her blood relatives owned by her after her husband’s death or presence if she alone is the owner of the property.
  • Some other laws are:
    • The law for Dowry death- The law puts condition on the level of cruelty against women for Dowry in her in law’s place. It puts time period of 7 years for filing a case against the husband or relatives.
X

Verifying, please be patient.

Enquire Now