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

A comrade in culture and controversy: Yao Wenyuan’s revolutionary legacy

By Harsh Thakor*  This year marks two important anniversaries in Chinese revolutionary history—the 20th death anniversary of Yao Wenyuan, and the 50th anniversary of his seminal essay "On the Social Basis of the Lin Biao Anti-Party Clique". These milestones invite reflection on the man whose pen ignited the first sparks of the Great Proletarian Cultural Revolution and whose sharp ideological interventions left an indelible imprint on the political and cultural landscape of socialist China.

Ahmedabad's Sabarmati riverfront under scrutiny after Subhash Bridge damage

By Rosamma Thomas*  Large cracks have appeared on Subhash Bridge across the Sabarmati in Ahmedabad, close to the Gandhi Ashram . Built in 1973, this bridge, named after Subhash Chandra Bose , connects the eastern and western parts of the city and is located close to major commercial areas. The four-lane bridge has sidewalks for pedestrians, and is vital for access to Ashram Road , Ellis Bridge , Gandhinagar and the Sabarmati Railway Station .

Farewell to Robin Smith, England’s Lionhearted Warrior Against Pace

By Harsh Thakor*  Robin Smith, who has died at the age of 62, was among the most adept and convincing players of fast bowling during an era when English cricket was in decline and pace bowling was at its most lethal. Unwavering against the tormenting West Indies pace attack or the relentless Australians, Smith epitomised courage and stroke-making prowess. His trademark shot, an immensely powerful square cut, made him a scourge of opponents. Wearing a blue England helmet without a visor or grille, he relished pulling, hooking and cutting the quicks. 

No action yet on complaint over assault on lawyer during Tirunelveli public hearing

By A Representative   A day after a detailed complaint was filed seeking disciplinary action against ten lawyers in Tirunelveli for allegedly assaulting human rights lawyer Dr. V. Suresh, no action has yet been taken by the Bar Council of Tamil Nadu and Puducherry, according to the People’s Union for Civil Liberties (PUCL).

Latur’s quiet rebel: Dr Suryanarayan Ransubhe and his war on Manuvad

By Ravi Ranjan*  In an India still fractured by caste, religion, and language, where narrow loyalties repeatedly threaten to tear the nation apart, Rammanohar Lohia once observed that the true leader of the bahujans is one under whose banner even non-bahujans feel proud to march. The remark applies far beyond politics. In the literary-cultural and social spheres as well, only a person armed with unflinching historical consciousness and the moral courage to refuse every form of personality worship—including worship of oneself—can hope to touch the weak pulse of the age and speak its bitter truths without fear or favour. 

Differences in 2002 and 2025 SIR revision procedures spark alarm in Gujarat

By A Representative   Civil rights groups and electoral reform activists have raised serious concerns over the ongoing Special Intensive Revision (SIR) of electoral rolls in Gujarat and 11 other states, alleging that the newly enforced requirements could lead to large-scale deletion of legitimate voters, particularly those unable to furnish documentation linking them to the 2002 electoral list.

Urgent need to study cause of large number of natural deaths in Gulf countries

By Venkatesh Nayak* According to data tabled in Parliament in April 2018, there are 87.76 lakh (8.77 million) Indians in six Gulf countries, namely Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the United Arab Emirates (UAE). While replying to an Unstarred Question (#6091) raised in the Lok Sabha, the Union Minister of State for External Affairs said, during the first half of this financial year alone (between April-September 2018), blue-collared Indian workers in these countries had remitted USD 33.47 Billion back home. Not much is known about the human cost of such earnings which swell up the country’s forex reserves quietly. My recent RTI intervention and research of proceedings in Parliament has revealed that between 2012 and mid-2018 more than 24,570 Indian Workers died in these Gulf countries. This works out to an average of more than 10 deaths per day. For every US$ 1 Billion they remitted to India during the same period there were at least 117 deaths of Indian Workers in Gulf ...

From crime to verdict: The 27-year journey that 'rewarded' the destroyers of Babri Masjid

By Shamsul Islam    Thirty-three years ago, on December 6, 1992, a 16th-century mosque was reduced to rubble by a frenzied mob orchestrated by the Rashtriya Swayamsevak Sangh (RSS) and its political fronts. The demolition was not a spontaneous outburst of Hindu sentiment; it was the meticulously planned culmination of a hate campaign that branded Indian Muslims as “Babur-ki-aulad” and the Babri Masjid as a symbol of historical humiliation. 

Bangladesh alternative more vital for NE India than Kaladan project in Myanmar

By Mehjabin Bhanu*  There has been a recent surge in the number of Chin refugees entering Mizoram from the adjacent nation as a result of airstrikes by the Myanmar Army on ethnic insurgents and intense fighting along the border between India and Myanmar. Uncertainty has surrounded India's Kaladan Multimodal Transit Transport project, which uses Sittwe port in Myanmar, due to the recent outbreak of hostilities along the Mizoram-Myanmar border. Construction on the road portion of the Kaladan project, which runs from Paletwa in Myanmar to Zorinpui in Mizoram, was resumed thanks to the time of relative calm during the intermittent period. However, recent unrest has increased concerns about missing the revised commissioning goal dates. The project's goal is to link northeastern states with the rest of India via an alternate route, using the Sittwe port in Myanmar. In addition to this route, India can also connect the region with the rest of India through Assam by using the Chittagon...