Property rights in women’s empowerment in rural India: a review (original) (raw)

Property Rights in Women's Empowerment in Rural India: A Review (Social Economics, Policy and Development WP 14)

This paper examines the importance of property rights in women’s empowerment in rural India. Arguments justifying the need for granting property rights to women are presented and the distinction is made between legal (formal) and customary (informal) rights. The ineffectiveness of legal right in absence of customary rights has been discussed. Customary rights also become ineffective due to other institutional impediments. These impediments have been discussed. The results of extensive field work in rural West Bengal and Orissa have been presented to illustrate the pattern of development process that poor rural women want and in which the property right is only one component, not the only component.

Property Rights and Women's Empowerment in Rural India: The Community Perspective

Women and their rights towards education, gainful employment, basic amenities like drinking water and sanitation, housing, health and quality of living have gained greater recognition in the last quarter of the 20 th century. The impact of this change in the society's attitude and treatment of its women is clear in the present century when legislation is more effective in reaching the development benefits to women. Besides governmental initiatives for economic development and political mainstreaming of women in India, its legal Acts and Policies are no less significant. However, there is the need for the 'social recognition' of legal rights, especially so in the most radical rung of claiming equal share in father's property as their brothers. The present paper attempts to address the situation based on empirical data from a study on women and property rights in Karnataka. Its findings are discussed here with reference to the local community's reactions to the initiative and women's efforts to claim the right. Gender approach is adopted to reflect upon the responses of both men and women in the community who have highlighted the need for support organisations (like women's SHGs, local panchayats etc) to voice this right vehemently.

Land Rights of Women: A Study of Andhra Pradesh and Telangana States, India

Sage Publishers, 2019

Empowerment of women takes place through structural changes in women's lives such as provision of land rights, promotion of non-farm employment, self-employment and support to unleash their potential of entrepreneurial qualities and their participation in decision making at various levels. The initiatives undertaken by the Government such as promotion of rural livelihoods (NRLM) and wage employment (MGNREGS) resulted in enhancement of livelihoods and economic freedom to women. The need for the study arises from the fact that ensuring effective and independent land rights for women is critical as it can serve multiple functions in rural women's lives and empower them to challenge the socioeconomic and political inequalities prevalent in rural semi-feudal society. The present study while looking at the situation of land rights of women covered five districts from two states, examined the efficacy of 'Bhoomi' initiative and studied the processes of securing land rights by eliciting the perceptions of stakeholders in a non-survey method supported by secondary data. The data from Society for Elimination of Rural Poverty of state governments established that the para-legal assistance strategy and Bhoomi Nyaya Sahaya Kendram initiative helped poor women to secure land rights and improve their status significantly. The study found that the initiative of land purchase by the government helped poor women to access land while gender mainstreaming in government departments

Women and Empowerment: Is Law a Panacea or a Problem? (Reflections on Right to Natal Property for Hindu Women

In the ongoing effort to empower women, one of the significant step is the conferring of Property Rights to women. Empowerment is defined as a strategy to reconstruct the social environment where women live and play or enact their roles. Its main objective is to enable women from all classes, castes, regions and educational background to become economically and socially vocal and to develop the ability to take independent decisions about their own and their households " development and possess equal capabilities as males to gain visibility and access (to resources) in society. Women are also expected to develop aspirations to gain equality with men and desire to be treated as equal so that they also get opportunities to rise to the top of her chosen field. The whole process should be such that it does not draw a raised eyebrow towards them. Such a gender transformation can happen only happen with a channelized path for the empowerment of women. This paper critically analyses how legal conferment of Property Rights for Hindu women has helped in their empowerment. The paper is theoretical in nature and puts forth certain arguments based on secondary sources of data. It draws from the reflections on the perspectives of various other research and also attempts to provide an outline of property rights of Hindu women.

Property Rights of INdian Women

Much like those of women of any other country, property rights of Indian women have evolved out a continuing struggle between the status quoist and the progressive forces. And pretty much like the property rights of women elsewhere, property rights of Indian women too are unequal and unfair: while they have come a long way ahead in the last century, Indian women still continue to get less rights in property than the men, both in terms of quality and quantity.

Hindu Women’s Property Rights in Rural India: Law, Labour and Culture in Action

Asian Journal of Criminology, 2009

This book revolves around a key question: why do most rural Hindu women in India fail to exercise their legal rights to independently own property, despite being granted those rights several decades ago, through the enactment of the Hindu Succession Act (HSA) of 1956? In particular, Reena Patel focuses on the ineffectiveness of the law in enabling women to inherit

PARADIGM SHIFT OF WOMEN'S PROPERTY RIGHTS IN INDIA: EVOLUTION, CHALLENGES, AND RECOMMENDATIONS

Mimbar Hukum , 2024

This research paper examines the evolution and reform of laws in India, focusing on shifting paradigms on the concept of gender equality specifically regarding women's property rights. The study explores the driving factors behind this paradigm shift triggering the legal reforms, emphasizing the extensive processes and timelines required for significant change. It identifies persistent gaps in these rights, highlighting challenges arising from insufficient implementation, inadequate administrative support, gender inequality and deeply ingrained patriarchal mindsets. While acknowledging legislative advancements like the Hindu Succession (Amendment) Act of 2005, the paper underscores ongoing challenges related to patrilineal inheritance systems, personal laws, and regional variations in reform implementation. The authors advocate for a holistic approach to address implementation complexities and recommend strategies to raise awareness and empower women through equitable property rights enforcement for daughters.

Women's Land Rights and the Law: The Legislative Framework Governing Women's Land Rights in India

2017

The principle of gender equality is enshrined in the Indian Constitution in its Preamble, Fundamental Rights, Fundamental Duties and Directive Principles. There is a direct relationship between women's Right to land, economic empowerment, food security and poverty reduction. A gender approach to land rights can enable shifts in gender power Relations, and assure that all people, regardless of sex, benefit from, and are empowered by, Development policies and practices to improve People's rights to land. Although women play a key role in agricultural work and food production, their land rights are most tenuous. Much like those of women of any other country, property rights of Indian women have evolved out a continuing struggle between the status quo and the progressive forces. And pretty much like the Property rights of women elsewhere, property rights of Indian women too are unequal and unfair under different personal laws. Land governance in India is at a crossroads. This pa...

property rights and women

1 | P a g e P r o p e r t y R i g h t s a n d w o m e n : M a d h u m i t a R a y Property rights for women -more inclusion.

Against All Odds: Assessing Inheritance Rights for Rural Women in India

This study, commissioned by International Land Coalition as part of a broader study, was undertaken to assess through in-depth ethnographic analysis from multiple locations, the current status of Women's Inheritance and Land rights in India. The authors seek to undertake the analysis of the issue of land rights in a dynamic livelihoods framework, encompassing categories of land beyond the realms of 'property' as private land ownership. The analysis is undertaken around key conceptual pegs of dispossession, agency and claim making, and structural violence in three locations across a cross section of marginalized women - Tribal (indigenous) , single and Muslim women to arrive at significant trends that mark the process. The authors make specific policy recommendations to enhance Land Rights for Women in the "Genderscape" of India. (This is a policy brief prepared for the Global Land Forum, Senegal,May 2015)