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

Plastic burning in homes threatens food, water and air across Global South: Study

By Jag Jivan  In a groundbreaking  study  spanning 26 countries across the Global South , researchers have uncovered the widespread and concerning practice of households burning plastic waste as a fuel for cooking, heating, and other domestic needs. The research, published in Nature Communications , reveals that this hazardous method of managing both waste and energy poverty is driven by systemic failures in municipal services and the unaffordability of clean alternatives, posing severe risks to human health and the environment.

Economic superpower’s social failure? Inequality, malnutrition and crisis of India's democracy

By Vikas Meshram  India may be celebrated as one of the world’s fastest-growing economies, but a closer look at who benefits from that growth tells a starkly different story. The recently released World Inequality Report 2026 lays bare a country sharply divided by wealth, privilege and power. According to the report, nearly 65 percent of India’s total wealth is owned by the richest 10 percent of its population, while the bottom half of the country controls barely 6.4 percent. The top one percent—around 14 million people—holds more than 40 percent, the highest concentration since 1961. Meanwhile, the female labour force participation rate is a dismal 15.7 percent.

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

The greatest threat to our food system: The aggressive push for GM crops

By Bharat Dogra  Thanks to the courageous resistance of several leading scientists who continue to speak the truth despite increasing pressures from the powerful GM crop and GM food lobby , the many-sided and in some contexts irreversible environmental and health impacts of GM foods and crops, as well as the highly disruptive effects of this technology on farmers, are widely known today. 

History, culture and literature of Fatehpur, UP, from where Maulana Hasrat Mohani hailed

By Vidya Bhushan Rawat*  Maulana Hasrat Mohani was a member of the Constituent Assembly and an extremely important leader of our freedom movement. Born in Unnao district of Uttar Pradesh, Hasrat Mohani's relationship with nearby district of Fatehpur is interesting and not explored much by biographers and historians. Dr Mohammad Ismail Azad Fatehpuri has written a book on Maulana Hasrat Mohani and Fatehpur. The book is in Urdu.  He has just come out with another important book, 'Hindi kee Pratham Rachna: Chandayan' authored by Mulla Daud Dalmai.' During my recent visit to Fatehpur town, I had an opportunity to meet Dr Mohammad Ismail Azad Fatehpuri and recorded a conversation with him on issues of history, culture and literature of Fatehpur. Sharing this conversation here with you. Kindly click this link. --- *Human rights defender. Facebook https://www.facebook.com/vbrawat , X @freetohumanity, Skype @vbrawat

Epic war against caste system is constitutional responsibility of elected government

Edited by well-known Gujarat Dalit rights leader Martin Macwan, the book, “Bhed-Bharat: An Account of Injustice and Atrocities on Dalits and Adivasis (2014-18)” (available in English and Gujarati*) is a selection of news articles on Dalits and Adivasis (2014-2018) published by Dalit Shakti Prakashan, Ahmedabad. Preface to the book, in which Macwan seeks to answer key questions on why the book is needed today: *** The thought of compiling a book on atrocities on Dalits and thus present an overall Indian picture had occurred to me a long time ago. Absence of such a comprehensive picture is a major reason for a weak social and political consciousness among Dalits as well as non-Dalits. But gradually the idea took a different form. I found that lay readers don’t understand numbers and don’t like to read well-researched articles. The best way to reach out to them was storytelling. As I started writing in Gujarati and sharing the idea of the book with my friends, it occurred to me that while...

Would breaking idols, burning books annihilate caste? Recalling a 1972 Dalit protest

By Rajiv Shah  A few days ago, I received an email alert from a veteran human rights leader who has fought many battles in Gujarat for the Dalit cause — both through ground-level campaigns and courtroom struggles. The alert, sent in Gujarati by Valjibhai Patel, who heads the Council for Social Justice, stated: “In 1935, Babasaheb Ambedkar burnt the Manusmriti . In 1972, we broke the idol of Krishna , whom we regarded as the creator of the varna (caste) system.”

From colonial mercantilism to Hindutva: New book on the making of power in Gujarat

By Rajiv Shah  Professor Ghanshyam Shah ’s latest book, “ Caste-Class Hegemony and State Power: A Study of Gujarat Politics ”, published by Routledge , is penned by one of Gujarat ’s most respected chroniclers, drawing on decades of fieldwork in the state. It seeks to dissect how caste and class factors overlap to perpetuate the hegemony of upper strata in an ostensibly democratic polity. The book probes the dominance of two main political parties in Gujarat—the Indian National Congress and the BJP—arguing that both have sustained capitalist growth while reinforcing Brahmanic hierarchies.

'Restructuring' Sahitya Akademi: Is the ‘Gujarat model’ reaching Delhi?

By Prakash N. Shah*  ​A fortnight and a few days have slipped past that grim event. It was as if the wedding preparations were complete and the groom’s face was about to be unveiled behind the ceremonial tinsel. At 3 PM on December 18, a press conference was poised to announce the Sahitya Akademi Awards .