Monday, March 23, 2009

Equal Rights and Opportunities for all?

(Deleted the first part)
Just some questions to help me write a post on this....

1. Do you think Equal Property Rights can empower women?

Answer - Yes? No, Not required, women can be better empowered with education?

2. Is it not against our culture for a sister to demand or accept a share from her brother's rightful inheritance (even though the law allows her a share in her grand parents' property - a daughter can be disinherited by her parents from their self acquired property, through a Will. It is also common to get girls to sign their share away.)

Answer Yes, because they have streedhan and dowry? And they also get a share of their husband's property.

3. She tied a rakhi on his wrist and he will be there if she needs him. Does she really need a legal right to a roof over her head? (Domestic Violence Act has made ' a roof over her head' compulsory, for married and unmarried women). And then she has her husband and sons also.

Yes? No?

4. Chaudhary Charan Singh (... not sure, I think it was him only) was concerned that if sisters are given equal property right,than they will quarrel for property with their brothers. He felt it was unnecessary to create a rift between siblings for a few acres of land. He obviously only valued the closeness of the Ambani brothers, Bachchan brothers, and now the Gandhi brothers.

Answer: So is it better that brothers share property rights, and daughters get a part of their husband's property?

5. Should they be expected to care for their parents if they take their share in property.

What do you think?


Edited to add: I feel, Empowerment through equal property rights is more about ATTITUDE less about the size of inheritance. It is good for any child’s self esteem to know that if her parents’ had one rupee then she and her brother will get fifty paise each. Even a brother will find it easier to respect a sister who is equally strong and capable, compared to a sister who is always second to him and dependent on him for her protection.

Unfortunately even today, many Indian parents are convinced that every penny given to a daughter is taken from her brother’s rightful share, hence you have parents helping even a needy daughter without letting the son know. And the son’s outrageous indignation is difficult to understand until you realise how he has grown up hearing that everything they have his rightfully his.
Legally all the children have equal right to their parents’ property, but the parents can disinherit a child from the property they have earned himself. Property that has been inherited from grandparents belongs equally to all the grandchildren, including a daughter’s children.

At the same time, according to the law, parents are entitled to receiving care from all the children, sons and daughters. A son in law who does not allow his wife to care for her parents, (while he considers it her duty to care for his parents) is obviously wrong, because she is legally bound to care for them, just like it is his duty to take care of his own parents.

How are caring and inheritance related? Unfortunately money does matter more than it is supposed to, so it is better for old parents, to have - if nothing else at least the power of financial independence and legal protection.

55 comments:

Anonymous said...
This comment has been removed by a blog administrator.
Femin Susan said...

I am not much interested in politics.........

Indian Home Maker said...

@Femin Susan My questions are not about politics .. this post is only about equal property rights for all.
Didn't realise it could confuse ...I'm editing out the part about politics.

Winnie the poohi said...

Ah we are again back the same point.. We do have equal rights and no one can ever deny us that right!

Or should not!

Why is hard for any one to u\s such simple facts?

Why is there any discrimination ?

Indian Home Maker said...

@Winnie the poohi I wanted to hear different opinions before writing another post :)

nitwitnastik said...

IH here's my two paise

1. Equal property rights are a must for women's equality.However,when I say women's empowerment, I mean of every woman in India ..without any exceptions to women belonging to other religious backgrounds.

2. BS. If 'culture' means an excuse to encourage and perpetuate gender,class or social discrimination then that culture needs to be condemned and shown the door.

3. Yes, absolutely. Rakhi bonds have often proven to be fragile when money and property rights have been involved.

4. Chaudhary Charan singh ? Who dat?:-)

5. Personally I think children should take care of the parents irrespective of whether property was bequeathed to them or not. However, I am not sure if they should be legally "expected" (if that's what you mean) to do so if they have a share of parents' property. In any case I don't think it can be forced on the children.

Anonymous said...

1. She should also be able to retain control over the property for true empowerment.

2. There should be equality but decisions regarding one's self acquired property is his/her prerogative. Laws should not mandate them. It will be difficult to be enforce the equality.

5.Yes

-nik

Indian Home Maker said...

@Nitwik Nastik

1. Equal property rights are a must for women's equality.However,when I say women's empowerment, I mean of every woman in India ..without any exceptions to women belonging to other religious backgrounds.
I absolutely agree.

2. BS. If 'culture' means an excuse to encourage and perpetuate gender,class or social discrimination then that culture needs to be condemned and shown the door.
Couldn't have said it better myself :)

3. Yes, absolutely. Rakhi bonds have often proven to be fragile when money and property rights have been involved.
Again a brilliant observation.

4. Chaudhary Charan singh ? Who dat?:-)
LOL someone from Haryana ...? Will try and get the exact quote :)

5. Personally I think children should take care of the parents irrespective of whether property was bequeathed to them or not. However, I am not sure if they should be legally "expected" (if that's what you mean) to do so if they have a share of parents' property. In any case I don't think it can be forced on the children.
Again ... very true.

Bones said...

Yes, women should have equal property rights...Even if parents will away their self acquired property to their son, the sister can contest the will in court...She anyway has to give a no objection certificate before the will goes for probate...

Most men think it is against our culture and religion for women to have equal property rights...That is why most of them are opposed to a UCC - current personal laws esp. property laws are loaded in favour of them...Hindu laws have changed though...

Sisters and parents are not looked after by their brothers/sons, why should rakhi sisters expect to be taken care of? After all, it is a mtter of money...

Indyeah said...

IHM I want to quote some amazing scriptures on this .They will boggle your mind.:D
and show the Hindu texts to be the sham that they are.

Will be back.

nitwitnastik said...

@IH

I know who charan singh was..my comment was just meant as sarcasm ;-)

Indian Home Maker said...

@Bones I agree.
Even though the law has empowered women (though it has not given equal property rights yet)- even today you see families looking down upon sisters contesting any wills in court. Two brothers fighting over property is accepted as 'it happens'.

And I know of a family with two daughters, who have adopted a brother's son to bequeath the property to and to have someone to care for them in their old age.

Indian Home Maker said...

@Indyeah I remember your brilliant post on equal property rights in No Gender Inequality too.. let me read that again.
I feel it's not just law but also our traditions and culture that prevents women from becoming truly empowered.

@Nitwit Nastik :)lol

Indyeah said...

Ans1 Why should it be a choice between either 'this' or 'that'? A woman wants to have both and nothing less than that will do.

So property rights AND education thank you very much.
The NOC will not be given.
I have seen brothers pleading with their sisters to sign the NOC .



ans 2 Dowry is illegal..and there is a very very fine line between streedhan and dowry atleast in India they are one and the same(even if law says otherwise)infact acc to me both are one and the same and illegal in India.

Husband is no guarantee or excuse to deprive a woman of her share of her father’s property.
What about unmarried or divorced women ? ANyway I am digressing. Women need property as much as the son .
It is a way to be independent and have something of one's own. By that token let's have criterias for sons also then.




Ans 3 YES!!a BIG YES! She does need a LEGAL right to a roof over her head! Rakhi does not count…its all nice and good to cite things like rakhi but it is of no use.

This might sound very rude but rakhi bonds are just another way of saying,’’We will give you nothing!’’! in today's day and age, nothing counts except legal paper.

Why? Because the meaning died a long time back. No brother wil keep the rakhi above and beyond the property and money.The bonds count for nothing.Any woman is smart enough to know that.



Ans 4. LOL! BS! Chauahary Charan Singh comes from the most patriarchal state of all. One where women are an extinct species now.
Need I say more??

‘’He felt it was unnecessary to create a rift between siblings for a few acres of land’’

Oh yeah?
I say then going by that logic even brothers should be out of it. Why let them fight among themselves? the poor sods?:D
Give the property to some charity then:D
If not ,then have an equal distribution !
gender be damned!



Ans 5. Then what about those parents who don’t have much to give?Have no property to speak of?Are they to be thrown on the roads?

Irrespective of whether parents even have any property to bequeath…children should be LEGALLY obliged to take care of parents.
Property should not be treated as a condition for doing so.

And I think states like Himachal and otehrs have already laws for doing so.
Taking care of one's parents is compulsory I think.
The right of parents without any means to be supported by their children having sufficient means has been recognised by the section-125 (1) (d) of the Code of Criminal Procedure 1973, and Section 20(3) of the Hindu Adoption and Maintenance Act, 1956

Himachal Pradesh Assembly passed a Parents Maintenance Bill in 1996 wherein a simple procedure was introduced for parents being ignored by their children to be given maintenance. In addition to making it obligatory for errant wards not taking care of their aged parents, the bill aims at simplifying the procedure by authorising the sub-divisional officer (civil) for fixing maintenance and Addl. Commissioner as the appellate authority so that the decision can be taken and cases disposed of promptly bringing justice and relief to older persons without loss of time

On the lines of the Himachal Pradesh Act, the Government of India is introducing a Bill in Parliament known as “The Older Persons (Maintenance, Care and protection) Bill”. This Bill provides for tribunals at district levels to ensure that the children and grandchildren take proper care of their elderly

The Maintenance and Welfare of Parents and Senior Citizens Bill, 2007 seeks to make it a legal obligation for children and heirs to provide maintenance to senior citizens. It also permits state governments to establish old age homes in every district.








‘’The Karta of a Hindu joint Family in Hindu Law is the senior most member of the family entitled to manage family affairs, in his absence the next eldest male member after him is entitled to be the Karta.
At least one male member is necessary to constitute a coparcenary. But the question arises that if no male member is left in the family or if all male members are minors then who becomes the Karta ? or Can a female member of a Hindu Joint Family become a Karta then in such circumstances ? this situation makes us rely on various judicial pronouncements which have dealt with this question. The view of the judiciary is inconsistent.
Now when a major step towards ending gender discrimination and to stop the gender-bias prevalent in families and to improve adverse condition of women in society has been taken in the form of The Hindu Succession Amendment Act,2005 . This amendment has conferred equal property rights on daughters as well. Now the daughters by birth will acquire rights over coparcenary property.’’
THE Hindu Succession (Amendment) Act, 2005 is a landmark. After 50 years, the Government finally addressed some persisting gender inequalities in the 1956 Hindu Succession Act (1956 HSA), which itself was path-breaking. The 2005 Act covers inequalities on several fronts: agricultural land; Mitakshara joint family property; parental dwelling house; and certain widow's rights


Some links

http://indianlawyer.blogspot.com/2005/09/hindu-succession-amendment-bill-2004.html
Do read the comment given at the end of the post by a woman living in the US (in the above link)


http://www.citcindia.org/ITR/Oct08/SS-KS&AS.htm

http://www.legalserviceindia.com/articles/kar.htm

http://www.indiatogether.org/2007/jul/law-seniors.htm

http://www.hindu.com/thehindu/mag/2005/09/25/stories/2005092500050100.htm

Bones said...

IHM:

My sister's FIL asked my father if he was going to leave his property to his nephews as he had only daughters...My father's answer: What have my nephews done for me?

Bones said...

P.S. The Scandinavians have set an example of women's property rights...Even though the monarchy is constitutional and nominal, changes in the rules of succession allows for the crown to pass to the eldest child regardless of gender...Thus Princess Victoria is the heir apparent even though she has a younger brother...

Indian Home Maker said...

@Indyeah Awww ...My heart felt Thanks!! I don't just get views but also information and links :) Love the blogosphere for this wonderful blogging community we have!

@Bones I wish all parents thought this way, hats off to your dad. We have a son and a daughter, and everything goes equal to them! Along with expectations :)
And Scandinavia is amazingly liberal and democratic in every way. Bones, I wish we reach those levels and rise above our culture of some adults controlling other adults' lives.

Solilo said...

Are laws different for each state? As far as I know in Kerala children have equal rights over property. Am I wrong? That's what I have seen. Also since most upper-caste Hindus follow matriarchial system (in books not actually), most property still goes for girls. Now times have changed but earlier, boys never got any. Property was just divided among girls and also the ancestral house belonged to youngest or oldest girl child.

Anyways, the point is all children should and MUST get equal rights in property. That Charan Singh if he said that then he sure was a funny man.

Also, I don't get how is getting property and taking care of parents connected? So now parents have to buy their children's love wit property? Also, girls should take care of their parents too and in most cases they do. This is why I don't understand the part where women are considered paraya dhan and are expected to look after her husband's parents rather than her own. Why should she? She needs to take care of her parents and her husband needs to take care of his.

Poonam said...

This post was loaded with sarcasm. Well put :)

Solilo said...

IHM, just saw that Thank you banner thingy on the top. That's so sweet of you. Thank you!

Indyeah said...

Thanks IHM:)
Actually I went hunting for links on Yagnavalkya and Naradasmriti and ofcourse Manusmriti..couldnt find them and couldnt find my book either:D

Do try and read them ..they are as diabolical in their plans for women

Chirag said...

@Q1; No, why are we trying to meeting the problem half way, should we solve the problem of "empower women", even if the Equal Property Rights come in action, wouldn't that require women to be empowered.

hitch writer said...

these issues exist in even educated and modern worlds too...

plus i think if the daughter or sister demands something she will probably be taken as a villain.

Amazingly i have noted but never mentioned, even to my wife, she never had a life insurance policy taken for her.

Dont know if its a co-incidence, but her brother had lots of policies and he is 4 years younger than her...

Only came to know bout it when i took a policy of hers...

strange, wrong but a disturbing fact that exists and no one wants to do anything about it... most of all the daughters and sisters.. i think are responsible, unfortunately !!

coz in most cases they dont ask or demand a share !

vishesh said...

hmm...when we talk about equality,people are not aware what it really means...here I agree that all siblings should get an equal share...this is equality..where as reservations are not..

Swati said...

Frankly I think its upto the parents whom they wish to give away their property son /daughter. And frankly property should not be linked with taking care of parents.

Though we can argue that we should not linked dowry and property inheritance , but its also true that in some parts of society , dowry consists of land , kgs of gold etc (I came to know this recently) , in which case I do not think more should be expected.

Monika said...

IHM is there a debate on this, NO

we deserve all this and much more

equality in everything is the mantra and there should not be any debate on whether it is or not... the only debate that should be is HOW

Anonymous said...

Hi IHM...

Sorry to post my comments on Varun (the first comment as Anon) .. now as you have removed those details from your post.. please remove my comments as well as that looks so confusing and looks without any pre-text.

Also since we are discussing equal rights for women i hope you have noted a recent ban on Co-ed in UP.

Given your popularity and convision to stand against our biased sociaty i hope you could raise a voice against that decision. Education can create a different future for so many of girls.

May be we could use the might of PCC here as well ..

You can see the further details in this link
http://news.outlookindia.com/item.aspx?653384

Thanks in advance for removing my first post.

@lankr1ta said...

Completely agree with Nitwit Nastik here, including the who dat!!!!

Great post IHM.

What was the first part?

Reema said...

I say there should be no property rights at all for anyone. If the parents wish they may give. All these property rights are the root cause of sufferings of old parents nowadays.

Chikki said...

I think, we need a multi dimensional approach to empower woman.

"Yes? No, Not required, women can be better empowered with education?"

I want to choose 2 answers..Like say "Yes" and "women can be better empowered with education", and want to have a few more options as well.

Regarding Charan Singh's comment,
"unnecessary to create a rift between siblings for a few acres of land"

I think, it can happen between 2 brothers also, so why deny rights to only sister?


I was rather thinking, we should give a larger share of property to the one who needs it more ( that factor can depend of the household income of that sibling etc etc), or if all the siblings are well-to-do, then they should equally share the property.

"Should they be expected to care for their parents if they take their share in property."

If they don't their is something wrong with their moral values, I don't think they should be "expected" to do it though!

Mavin said...

Let me try and answer those questions. Other blogger friends have dealt with them in detail.

Your first question.

Partly answered by you. Education and self esteem is of primary importance. This will encompass all women. There may be millions of women / families who are less fortunate and do not own any property / have some small insignificant amounts. I feel this will empower women more.

Law anyway does give equal property rights to daughters both married and unmarried in all self-acquired properties of the parents. There is no dispute on that. There is some bar on ancestral properties.

Your second question. Law provides but if the woman is unaware or can be bullied to sign away her share, then the problem is the lack of knowledge and self-confidence and not law. You will now see the link to my answer to Q-1.

The parents may dis-inherit all their children if they wish and not just daughters. However, parents do not plan/execute their wills and children out of "respect" will not suggest. As a result many die intestate and therein lies the root of many a family dispute.

Q-3: Rakhi...forget it. Law is clear and it provides so why get swayed by emotional mush.

Q-4: CCS....may have had his own perspective but that was three decades back. Hey come on we have moved much ahead.

I think the law exists but it will be the discretion of the sister to let go if her share does not matter much to her.

You will always have cases where the sister is deprived and where the sister is out to aggressively bag her's and a higher share

Q5: Why should the children get their share in their parent's property when their parents are still alive. It is a matter of being practical. No parent should ever divide and hand over their property while they are still alive. They should enjoy their last days and leave the division through a will made operational after their death.

tearsndreams said...

In a male dominated world, I can visualize a woman being forced by her husband to demand a share even when she doesn't want to. So it is not really empowerment if she is being forced to do it.
And I can also see this as a reason for parens wanting a male child even more. Because with a male child, the hard earned money stays in the family. Do you see what I am saying?
I am not sure I want to advocate something that would lead to more supression in future. A girl being tortured by her in-laws and hated for being born by her parents...these are my initial thought.

I do want to think more about it though!

Priyanka said...

Dowry is given even though it is illegal. It is so common amongst the Andhrites and Northies. Infact, one Andhra female who I met said that there was nothing wrong in giving dowry, because the rest of her dad's property would be given to her brother. So dowry needs to be truly abolished and not just on paper. If Equal Prop Rights comes into practise then this Andhrite female can ask for half of her dad's prop. even after getting loads of cash as dowry, is that right? I am all for Equal Prop. Rights, but where dowry is still practised, it won' work.
All kids(boy or girl) should take care of their parents.
Parents should never give away their property as long as they are alive - period.

Sujoy Bhattacharjee said...

1. Do you think Equal Property Rights can empower women?
Surely. Financial independence is a much better way to empower women than education. What is needed is just some common sense and a knowledge of your own rights, which does not necessarily require an education. Which is not to say that education can be dispensed with.

2&3: Cannot give an opinion without a proper knowledge of prevailing culture and legal rights.


4. Chaudhary Charan Singh (... not sure, I think it was him only) was concerned that if sisters are given equal property right,than they will quarrel for property with their brothers.
Is not that an oxymoron, if ever there was one? If the law guarantees an equal share in property then why should a quarrel arise.


5. Should they be expected to care for their parents if they take their share in property.
This has nothing to do with inherited property. You either take care of your parents or you don't. Circumstances and individual behaviour are the defining factors here, not gender.

D said...

Coincidentally, I was discussing property rights for daughters with my mum today.

I'd like to answer the questions you've posed:

1. Do you think Equal Property Rights can empower women?
Yes, among other things, this too. To say education can empower women more is not to say that equal property rights cannot.

2. Is it not against our culture for a sister to demand or accept a share from her brother's rightful inheritance?
Er, exactly which culture are we talking about? The one in which it's okay to kill girls because they are not boys?!?

3. She tied a rakhi on his wrist and he will be there if she needs him. Does she really need a legal right to a roof over her head?
So we're assuming everyone has a brother. No, they don't. And even those who do, don't always live off their brother/husband/son's earnings!

4. Chaudhary Charan Singh (... not sure, I think it was him only) was concerned that if sisters are given equal property right,than they will quarrel for property with their brothers.
Yes, of course. More than half the civil suits in our country are property-related and you think men having nothing to do with these disputes? And women would have everything to do with them. Go get a brain!

5. Should they be expected to care for their parents if they take their share in property?
Who is asking this? And how dare they? Is this a barter system?

i am what i am said...

hi IHM. what a lovely post. today for the first time my mom and dad read my blog and even before reading my entries, they read this entry of yours and let me tell you they loved it. they actually had a very heated debate about it. it was lovely to see them take part in this debatee so actively. all thanks to you.
coming to the questions you have asked in this post:
its not an issue whether equal property rights can empower women or not. i think the issue is why should daughter not be given an equal share in their parents property? what is wrong in that or illegal about it? education will definitely empower women but that does not have anything to do with property rights. my brother cannot argue on this point that because my psarents educated me they will not give me any share in the property. totally baseless and another proof of how our society is rooted in male domination. we should be given equal rights in all our parents properties.
no it is absolutely not against our culture. a daughter is an equal child, nor better nor worse. if the maintenance act says that son and daughter are equally responsible to look after the parents, then why this discrimination? a sister has all the right to demand what is rightfully hers even if she is self sufficient. if this is the case, the brother should also let go off his share since he is self sufficient too.
yes i need a legal right to a roof over my head. and all that is crap that i have a husband and sons. and as far as the bond of rakhi is concerned i may sound a little cynical but it is just another ritual we indians follow mindlessly. i have all the right to live a dignified life and to live that if i have to demand a roof over my head well so be it.
i would not even want to discuss choudhary charan singh's line of reasoning.its as outdated as a neanderthal man.LOL!!!!!
irrespective of whether daughters get a share or not, they should look after their parents. i think daughter look after the parents better than sons (just a personal opinion. no offence meant!!!!!)and so goes for the sons too.looking after a parent is responsibility of every child irrespective of the gender of the child.
and to quote one of the laws of manu (my mother told me about this):
"bhojan, bhajan aur nari
teenon parde ke adhikari"
(food, worship and women are always meant to be kept in purdah)
just shows that these laws were made only to discriminate against women, create a male dominated society where women were deemed to be the inferior partner.And we have to rise above these lwas to make the society more livable and i believe we are on that path albeit slowly but steadily.(my moms opinion entirely)

amit said...

Its not about empowering women. The children should have equal right to their parents property, irrespective of their gender.
Taking care of their parents is a responsibility which they should share equally.

Biju Mathews said...

"...1. Do you think Equal Property Rights can empower women?.."

I hear this all the time from girls- what did you give me? (directed to their parents). In a way, yes, it empowers them. It empowers her life and her financial power in a relationship. There is no doubt about it. Money is money and is not generic specific


"..2. Is it not against our culture for a sister to demand or accept a share from her brother's rightful inheritance (even though the law allows her a share in her grand parents' property - a daughter can be disinherited by her parents from their self acquired property, through a Will. It is also common to get girls to sign their share away..."

Answer: The dowry is the curse. Everytime it is given away, people say that there is no room for any more share. I detest all men and women who fight for their parents money. The money was hard earned by them and its for their future. A gift after they peacefully die should be accepted as a gift, be it their watch which they wore all their lives or be it all the bank balance. Let them donate it to charity, why do you care? They took care of you and spent a fortune on you till you became independent. Fly away and don't cherish the nest you were born in, make your own!!

3. She tied a rakhi on his wrist and he will be there if she needs him. Does she really need a legal right to a roof over her head? (Domestic Violence Act has made ' a roof over her head' compulsory, for married and unmarried women). And then she has her husband and sons also.

A rakhi?? Ha ha, during these troubled times, when Dads rape their daughters?


4. Chaudhary Charan Singh (... not sure, I think it was him only) was concerned that if sisters are given equal property right,than they will quarrel for property with their brothers. He felt it was unnecessary to create a rift between siblings for a few acres of land. He obviously only valued the closeness of the Ambani brothers, Bachchan brothers, and now the Gandhi brothers.

Answer: Answered above, I guess...


5. Should they be expected to care for their parents if they take their share in property.

A wide topic. It is like, "pay me and I'll look after you." I swear I'll kill my Sisters and my Brother if they come up with this topic. :-)


Keep blogging!!

tarun said...

What are we talking about??
Kids are and will be kids for the parents, where is the question of a girl and a boy??
Or to be precise a male kid and female kid??
:D
As far as Property rights are concerned, let the parents give it to all, why framing rules for it?? Why don't we have simple brains ??
WE=INDIANS

Sahaja said...

I dont know...I do feel, education is what makes women empowered....about property rights...dont know! sometimes, I feel, its best as it is here in west! Earn your own bread and better no matter what! Sucha system ofcourse has its own advatanges and disadvantages...but it does give one a sense of individuality and responsibilty!
Oh wait...am goin off-topic?

Da Eternal Rebel said...

1. Equal Rights - Yes ! That way my chances of being able to sit in the city bus will increase.

2. Right to property - Yes ! Being a daughter the girl must be entitled to it. But it would be better if it happens in a dowry free society otherwise will result in double burden on the family.

3. Taking care of parents - Yes why not? Rights come with duties too :)

Da Eternal Rebel said...

Culture thing - Well we are the only society where a daughter is killed even before she is born, Where a young bride is burnt for a scooter or color TV, where 30% of the society of considered "untouchable". I do not see where is that all illusive culture we keep boasting about.

2 B's mommy said...

IHM, Daughters should have equal rights, thats it. But what I don't understand is why should children have any expectations when it comes to the parents property ? Its parents hard earned money and they have a right to do whatever they want with it. Ancestral property, I agree, should be distributed equally irrespective of gender.

Any daughter or son who asks for share in property in return for taking care of their parents should go and drown themselves in 'chullu bhar pani' ( handful of water). Did the paretns expect a share in any property when they took care of us while raising us ?

Pinku said...

Property should be divided equally....great law...no dowry should be given...greater law.

all those girls/women who want equal right on property and are willing to fight for their share....will they also stand up and fight when they are given away along with a substantial dowry?

Smitha said...

IHM, Brilliant Post!!

1. Absolutely - equal property rights for women! There is no reason why women should opt for education or property - don't men get both? So do we even think about women and equal property rights - it just should be equal!

2. 'against our culture for a sister to demand or accept a share' - I think 'culture' has become an excuse for anything and everything!

3.Rakhi? As someone mentioned in the comments - 'when fathers rape daughters', how can anybody count on 'Rakhi'? What I really have against concepts like Rakhi is that they encourage women to think that they need to be dependant on a man. So its either depend on your father, brother or husband. Why? Why should the woman not have some financial security of her own?

Happy Kitten said...

I think more than property rights. .a girl needs to be educated and treated equally in her own home.. only this will empower her.

As for parents property, I think none has the right to it.. let them give it as they wish.

But unfortunately even the parents think it only their son who ought to look after them and not the willing daughter.. it is the mindset that needs to be changed.

Indian Home Maker said...

@Nik I kind of agree :)

@Solilo Plain simple, common sense. Anyways, the point is all children should and MUST get equal rights in property... Also, girls should take care of their parents too and in most cases they do. This is why I don't understand the part where women are considered paraya dhan and are expected to look after her husband's parents rather than her own. Why should she? She needs to take care of her parents and her husband needs to take care of his.

@Bones I agree!

@Poonam Thanks :))))

@Chirag Absolutely.

@Hitchwriter I think there is a law against getting women insured, young wives (because of bride burning cases)... not sure about the details :)

@Vishesh Brilliant! here I agree that all siblings should get an equal share...this is equality..where as reservations are not.. If we have equality and dereservation of gender privileges, we'll not need any equality. Just think where else do you see (unwritten) reservation for men?

Usha Pisharody said...

1. Yes. But with education should come the need to use it too. Down South, among the Matriarchal families, women get the share as a right. But then again, the other kinds of families I guess do not!

2. Against, totally. And, the very concept of Streedhan should go, out the door. But never will... :(

3. Why can a woman not be looked upon as equal? Would these questions arise at all then? Yes, she does have a right to a roof over her head, even if she has husband and sons!
4. Chaudhary Charan Singh is a @$%&*%^%^#$%^!!
fuddy duddy, to put it mildly! Wasn't it his daughter in law or grand daughter in law, who was killed under suspicious circumstances? A little vague on that!
5. The children of the parents, boy or girl, I think have the moral right, and privilege to take care of them? What has it got to do with property at all? I am somewhat puzzled by that thought itself... and we hear much of it hereabouts as well!

Thought provoking post!

Indian Home Maker said...

@Pinku Dowry does not really belong to the girl, it goes to the in laws, often not even to the couple, earlier some of it was passed on to the husband's sister for her wedding!

The concept of dowry is humiliating to both the boy and the girl. I guess it must have started to kind of balance the lack of inheritance for the girl.

hitch writer said...

Official version from former Insurance Agent :

House Wives cannot be insured ... by spouses... due to the bride burning case.. you are rite...

But Earning women can be insured... however at all times the amount of life insurance has to be higher for the husband... She can not be insured for more amounts than her husband and in proportionate amounts only.. certain guidelines have been laid out...

However daughters at all times can be insured by parents !!

Anrosh said...

if my memory recalls correctly - kerala has " equal property rights" as a law - the famous mary roy case brought this into being

Anrosh said...

kerala has the highest literacy rates ..but they are one of the states with the highest dowry too .. i knew of a mallu guy who studied in IIT bombay. he was in his last semester of B.Tech and there was a marriage proposal for him for 40 lakhs and this is in 1996.

another case right here in bombay -
an arranged marriage for a girl an MBA from bajaj and a boy who also passed out from the same college a few years ago. the marriage fell through because they got a proposal from a girl whose father was ready to pay 25 lakhs.

another case - a girl who is also a bombayite and a mallu catholic got married (arranged)to an IAS officer in 1995 paying a dowry of 35 lakhs. she had completed her MA from bombay university and was doing MSW at nirmala niketan college of social work ( did all dharnas for equality of women etc etc but when it came to marriage she paid the dowry ( of course her father was in dubai )

just because the law is stated it does not mean everything. it also means that the sister can take a brother to court but how many sisters does that.

a brother sent a letter to her elder sister to write off her property after their father's death ( and this happened in 40 days of the death and the brother is a lawyer) and this is in kerala

The dowry maniac in kerala is brought about by the people from dubai.

all of the country puts a halo around the worst, but it is one of the most hyporcritical states in terms of equality of woman in india.

parel tank's blogspot spills a lot of truth about the state.

Happy Kitten said...

Anrosh.. what you wrote is right about Kerala.... nd the NRI's have tipped the scale when it comes to dowry.

but there are many families who refrain from asking dowry.. mine didnt, nor did my Hubby's parents... so it up to the present generation to show courage and banish the dowry menace..

while it is good for a daughter to have something from her Father to support her, I think it is best if children(both son and daughter) do not depend upon this.. this will prod them to stand on their feet firmly.

Indian Home Maker said...

Thank You for your valued opinion everybody.
I feel, Empowerment through equal property rights is more about ATTITUDE less about the size of inheritance. It is good for any child’s self esteem to know that if her parents’ had one rupee then she and her brother will get fifty paise each. Even a brother will find it easier to respect a sister who is equally strong and capable, compared to a sister who is always second to him and dependent on him for her protection.

Unfortunately even today, many Indian parents are convinced that every penny given to a daughter is taken from her brother’s rightful share, hence you have parents helping even a needy daughter without letting the son know. And the son’s outrageous indignation is difficult to understand until you realise how he has grown up hearing that everything they have his rightfully his.
Legally all the children have equal right to their parents’ property, but the parents can disinherit a child from the property they have earned himself. Property that has been inherited from grandparents belongs equally to all the grandchildren, including a daughter’s children.

At the same time, according to the law, parents are entitled to receiving care from all the children, sons and daughters. A son in law who does not allow his wife to care for her parents, (while he considers it her duty to care for his parents) is obviously wrong, because she is legally bound to care for them, just like it is his duty to take care of his own parents.

How are caring and inheritance related? Unfortunately money does matter more than it is supposed to in Indian families, so it is better for old parents, to have - if nothing else at least some legal protection.

kochuthresiamma p .j said...

equal property rights can most certainly empower women. Mary roy's case which revised christian succession act is already changing the attitude to women.
but what is important is that a woman must be set free from the oppressive conditioning of society or she'd feel guilty aserting her rights. education, therefore becomes equally important.