Skip to main content

Top UK NGO Oxfam bats for Hindu personal law and common civil code, criticizes Muslim, Christian, tribal laws

By A Representative
Providing a strong view in favour of having a common civil code, top UK-based NGO, Oxfam's India branch has praised through a policy brief the Hindu personal law in its present form, saying it “allows women the right to own land and independently manage its affairs.”
Pointing out that, as of today, “the law includes ownership of agricultural land by women, thanks to the amendment in 2005”, it regrets, only some states “like Uttar Pradesh and a few others do not follow the amendment.”
At the same time, the policy brief, prepared by Dr Ashok Sircar and published as Oxfam Policy Brief No 19 (June 2016) has sharply criticised Muslim, Christian and Tribal personal laws.
It says, “The Muslim personal law does not allow for women’s share in agricultural land, except in a few states which have recently amended this”, adding, “Muslim women get one third of the share of the estate property, while men get two thirds of it.”
Coming to the Christian personal law, the policy brief says, “Under the Indian Succession Act (ISA) 1925 Christian widows get one third of the estate property and the male and female linear descendants get two thirds of it, equally divided among them.”
As for the tribals, Oxfam says, they have “their own customary practices, which typically deny women their land share, again, barring a few exceptional situations”, adding, “While the personal laws and tenurial land laws make unequal provisions for women’s land share, the societal practices irrespective of these laws, deny women their land share even when it is permitted under law.”
Titled “Women’s right to agricultural land: Removing legal barriers for achieving gender equality”, the policy brief seeks to outlines “gaps that exist in the realisation of women’s land rights on agricultural land”, even as calling for “immediate collective action aimed at removing the structural barriers in inheritance, leasing, and joint ownership of privately held land in favour of women.”
Insisting that “it has become critical that inheritance of agricultural land be brought under a uniform code”, the policy brief says, this would ensure women “equal rights at par with men as per Hindu Succession Amendment Act 2005.”
Oxfam says, “Hindu Succession Act (HSA), 2005 allows women to own estate and agricultural land. This has come about after a long discourse on women’s land rights in India.” But it regrets, “Ten years of its implementation saw three major barriers in the way of ensuring clear land ownership by women.”
“For example”, it says, “Uttar Pradesh still does not honour this provision on agricultural land, and claims that since agriculture is a state subject it would continue to follow UP Zamindari Abolition and Land Reforms Act 1950. This Act honours the inheritance rights of widows, daughters and sisters only after the rights of all male descendants are exhausted.”
Pointing out that “Delhi, Haryana, Punjab, Himachal Pradesh follow the same practice in their agricultural land related laws”, Oxfam says, in these states “rights of female survivors (widow, daughter, daughter-in-law of a pre-deceased son, etc.) are honoured after the rights of male descendants in their agricultural land related laws.”
Suggesting a “different scenario exists in Rajasthan and Madhya Pradesh”, Oxfam says, “Here, it is seen that the names of widows and daughters routinely appear in the record of rights, but the possession of the land continues to remain with male members of the family. The women neither have a clear land share nor a clear title on the inherited land.”
The result is that, the policy brief says, there is an “abysmally poor land ownership of women in India varying between 9 and 13 per cent according to various estimates”, it says, underlining, states should “strictly implement Hindu Succession Act (HSA) 2005, and clearly partition the land, giving exclusive and identifiable land titles to women.”

Comments

TRENDING

How the slogan Jai Bhim gained momentum as movement of popularity and revolution

By Dr Kapilendra Das*  India is an incomprehensible plural country loaded with diversities of religions, castes, cultures, languages, dialects, tribes, societies, costumes, etc. The Indians have good manners/etiquette (decent social conduct, gesture, courtesy, politeness) that build healthy relationships and take them ahead to life. In many parts of India, in many situations, and on formal occasions, it is common for people of India to express and exchange respect, greetings, and salutation for which we people usually use words and phrases like- Namaskar, Namaste, Pranam, Ram Ram, Jai Ram ji, Jai Sriram, Good morning, shubha sakal, Radhe Radhe, Jai Bajarangabali, Jai Gopal, Jai Jai, Supravat, Good night, Shuvaratri, Jai Bhole, Salaam walekam, Walekam salaam, Radhaswami, Namo Buddhaya, Jai Bhim, Hello, and so on. A soft attitude always creates strong relationships. A relationship should not depend only on spoken words. They should rely on understanding the unspoken feeling too. So w...

राजस्थान, मध्यप्रदेश, पश्चिम बंगाल, झारखंड और केरल फिसड्डी: जल जीवन मिशन के लक्ष्य को पाने समन्वित प्रयास जरूरी

- राज कुमार सिन्हा*  जल संसाधन से जुड़ी स्थायी समिति ने वर्तमान लोकसभा सत्र में पेश रिपोर्ट में बताया है कि "नल से जल" मिशन में राजस्थान, मध्यप्रदेश, पश्चिम बंगाल, झारखंड और केरल फिसड्डी साबित हुए हैं। जबकि देश के 11 राज्यों में शत-प्रतिशत ग्रामीणों को नल से जल आपूर्ति शुरू कर दी गई है। रिपोर्ट में समिति ने केंद्र सरकार को सिफारिश की है कि मिशन पुरा करने में राज्य सरकारों की समस्याओं पर गौर किया जाए। 

Censor Board's bullying delays 'Phule': A blow to India's democratic spirit

By Vidya Bhushan Rawat*  A film based on the life and legacy of Jyotiba Phule and Savitribai Phule was expected to release today. Instead, its release has been pushed to the last week of April. The reason? Protests by self-proclaimed guardians of caste pride—certain Brahmin groups—and forced edits demanded by a thoroughly discredited Censor Board.

PUCL files complaint with SC against Gujarat police, municipal authorities for 'unlawful' demolitions, custodial 'violence'

By A Representative   The People's Union for Civil Liberties (PUCL) has lodged a formal complaint with the Chief Justice of India, urging the Supreme Court to initiate suo-moto contempt proceedings against the police and municipal authorities in Ahmedabad, Gujarat. The complaint alleges that these officials have engaged in unlawful demolitions and custodial violence, in direct violation of a Supreme Court order issued in November 2024.

Aurangzeb’s last will recorded by his Maulvi: Allah shouldn't make anyone emperor

By Mohan Guruswamy  Aurangzeb’s grave is a simple slab open to the sky lying along the roadside at Khuldabad near Aurangabad. I once stopped by to marvel at the tomb of an Emperor of India whose empire was as large as Ashoka the Great's. It was only post 1857 when Victoria's domain exceeded this. The epitaph reads: "Az tila o nuqreh gar saazand gumbad aghniyaa! Bar mazaar e ghareebaan gumbad e gardun bas ast." (The rich may well construct domes of gold and silver on their graves. For the poor folks like me, the sky is enough to shelter my grave) The modest tomb of Aurangzeb is perhaps the least recognised legacies of the Mughal Emperor who ruled the land for fifty eventful years. He was not a builder having expended his long tenure in war and conquest. Towards the end of his reign and life, he realised the futility of it all. He wrote: "Allah should not make anyone an emperor. The most unfortunate person is he who becomes one." Aurangzeb’s last will was re...

Incarcerated for 2,424 days, Sudhir Dhawale combines Ambedkarism with Marxism

By Harsh Thakor   One of those who faced incarceration both under Congress and BJP rule, Sudhir Dhawale was arrested on June 6, 2018, one of the first six among the 16 people held in what became known as the Elgar Parishad case. After spending 2,424 days in incarceration, he became the ninth to be released from jail—alongside Rona Wilson, who walked free with him on January 24. The Bombay High Court granted them bail, citing the prolonged imprisonment without trial as a key factor. I will always remember the moments we spent together in Mumbai between 1998 and 2006, during public meetings and protests across a wide range of issues. Sudhir was unwavering in his commitment to Maoism, upholding the torch of B.R. Ambedkar, and resisting Brahmanical fascism. He sought to bridge the philosophies of Marxism and Ambedkarism. With boundless energy, he waved the banner of liberation, becoming the backbone of the revolutionary democratic centre in Mumbai and Maharashtra. He dedicated himself ...

Why crucifixion is a comprehensive message of political journey for the liberation of the oppressed

By Vijayan MJ  Passion week is that time of the year when Christians all over the world remind themselves about the sufferings, anguish, pain and the bloody crucifixion that Jesus Christ took on himself, as part of his mission of emancipating the people and establishing the kingdom of god. The crucifixion was not just a great symbolism of the personal sacrifice of one person, but it was a comprehensive messaging of a political journey for the liberation of the oppressed; one filled with struggle, militancy, celebration of life, rejection of temptations, betrayals, grief, the long-walk with the cross, crucifixion and ultimately resurrection as a symbol of victory over the oppressors and evil. 

CPM’s evaluation of BJP reflects its political character and its reluctance to take on battle against neo-fascism

By Harsh Thakor*  A controversial debate has emerged in the revolutionary camp regarding the Communist Party of India (Marxist)'s categorization of the Bharatiya Janata Party. Many Communists criticize the CPM’s reluctance to label the BJP as a fascist party and India as a fascist state. Various factors must be considered to arrive at an accurate assessment. Understanding the original meaning and historical development of fascism is essential, as well as analyzing how it manifests in the present global and national context.

Akhilesh Yadav’s boycott of Dainik Jagran: A step towards accountability or political rhetoric?

By Vidya Bhushan Rawat  Akhilesh Yadav has called for a total boycott of Dainik Jagran, a newspaper owned by the Gupta family. He also declared that the Samajwadi Party will no longer participate in any panel discussions organized by a media channel allegedly controlled by the family or relatives of the omnipresent Rajiv Shukla. Akhilesh Yadav and the Samajwadi Party are well aware that Dainik Jagran has long been antagonistic to Dalit-Bahujan interests. The newspaper represents a Bania-Brahmin corporate and ideological enterprise.

Implications of deaths of Maoist leaders G. Renuka and Ankeshwarapu Sarayya in Chhattisgarh

By Harsh Thakor*  In the wake of recent security operations in southern Chhattisgarh, two senior Maoist leaders, G. Renuka and Ankeshwarapu Sarayya, were killed. These operations, which took place amidst a historically significant Maoist presence, resulted in the deaths of 31 individuals on March 20th and 16 more three days prior.