Gender Inequalities in 1956 Hindu Succession Act

After five decades, gender inequalities in the 1956 Hindu Succession Act (1956 HSA) were addressed. The path breaking provisions in the Hindu Succession (Amendment) Act, 2005 (2005 HSA) covers inequalities pertaining to:

• agricultural land
• Mitakshara joint family property
• parental dwelling house
• certain rights of widows

Gender Discriminatory Provisions in Hindu Inheritance Laws

 The most significant aspect of the amendment you must evaluate in the 2005 HSA pertains to agricultural land.  The 2005 HSA deletes gender discriminatory provisions in section 4 (2) of the 1956 HSA. Inheritance laws pertaining to significant interest in agricultural land were not within the purview of the section. Instead, it was subject to the rules as specified in State-wise tenurial laws.

Gender Discriminatory Provisions in State-specific Tenurial Laws

In some states, these laws were silent on inheritance and therefore, the HSA was applied by default. In states like Delhi, 

Haryana, Himachal Pradesh, Punjab, Jammu and Kashmir, and Uttar Pradesh, the gender discrimination of tenurial laws was evident in connection with inheritance rules. The laws tilted in favor of the male lineal descendants who were in the male line of descent. Worse, women could get only a limited estate, and they would lose the land on remarriage.