Gender Discrimination: Female Land and Property Rights; Empowerment | Philosophy Optional Notes for UPSC PDF Download

Empowering Women: A Multi-Dimensional Perspective

Historical Context

Throughout history, women have faced discrimination and marginalization. In many societies, they were considered inferior, with their rights and roles strictly defined. However, progress has been made, and women have shown their mettle in various fields, demonstrating their leadership capabilities.

1. Historical Examples: Notable women like Razia Sultana, Rani of Jhansi, Sarojini Naidu, and Indira Gandhi serve as powerful examples of women's leadership and empowerment.

2. Women's Roles: Traditionally, women's roles were confined to their homes, and decisions regarding their empowerment were often made by men.

3. Changing Societal Perceptions: There has been a gradual shift in societal perceptions, with increasing recognition of women's rights and capabilities.

Components of Women's Empowerment

1. Self-Worth: Women must recognize their self-worth and value as equal members of society.

2. Autonomy: Empowerment involves giving women the autonomy to control their lives within and outside their homes.

3. Influence on Social Change: Women should be able to influence the direction of social change, striving for a just social and economic order.

4. Education: Education plays a vital role in empowering women, providing them with knowledge and skills to access well-paid jobs and advance in various sectors.

5. Economic Empowerment: Economic participation is a key aspect of empowerment, contributing to overall economic growth.

Challenges and Progress

1. Educational Attainment: Progress has been made in increasing women's access to education, with female literacy rising significantly over the years.

2. Economic Participation: More women are entering the job market, including non-traditional sectors like politics, defense, and administration.

3. Legal Protections: India has enacted various laws to protect women from different forms of violence and discrimination.

4. Political Empowerment: Political reservations for women are a significant step toward their political empowerment, allowing their voices to be heard in the highest forums.

5. Economic Literacy: Many women still lack economic literacy, preventing them from participating in crucial family decisions regarding budgeting, savings, and investments.

True Empowerment

1. Education as the Key: Education is the best gift parents can give to their daughters, enabling them to stand on their own feet and make informed decisions.

2. Overcoming Shackles: Women must break free from traditional constraints and societal conditions that have kept them suppressed. Empowerment should involve the courage to overcome limiting beliefs.

3. Clear Vision for Empowerment: Society needs a clear vision to remove obstacles to women's emancipation. Efforts should be directed toward the well-rounded development of every woman, ensuring equal rights and opportunities.

Efforts Towards Empowerment

1. Hindu Code Bill: Introduced by Dr. B.R. Ambedkar, this bill codified Hindu law in matters such as marriage, divorce, succession, maintenance, and adoption, restoring the dignity of women.

2. Sharda Act: This legislation played a significant role in social reforms by prohibiting child marriage.

Post-Independence Reforms

After India's independence, comprehensive efforts were made to secure women's rights and end their exploitation. The Hindu Succession Act, Hindu Marriage Act, and other reforms aimed to bring about gender equality.

Government Initiatives

1. Gender Equality: The Constitution of India guarantees gender equality as a fundamental right, conferring universal adult franchise and equal opportunities for men and women.

2. Institutional Mechanisms: Separate institutions, departments, and commissions have been established at the central and state levels to focus on women's and child development.

3. Empowerment Programs: Various programs like Rashtriya Mahila Kosh, Indira Mahila Yojana, Mahila Samridhi Yojana, and reserving one-third of Panchayat seats for women aim to improve women's social, economic, and political status.

Empowering women is a multi-dimensional and evolving process. It involves granting women the freedom to choose, control over resources, and influence over decision-making. While historical contexts have often oppressed women, legal reforms and government initiatives have played crucial roles in advancing gender equality and empowering women. Women's empowerment is not just about justice; it is a driver of social progress and development, leading to a more inclusive and equitable society.

Tackling Female Foeticide: A Complex Challenge

Female foeticide is a deeply rooted issue in India, originating from a time when genetic testing was unavailable, and infanticide was the only means to discard unwanted female children. This practice continues today, particularly in southern India, where illegal ultrasound tests are unaffordable. In wealthier regions like Punjab and Haryana, illegal tests allow families to determine the sex of the baby and potentially eliminate female fetuses. This issue transforms the act of family-building into an economic transaction rather than a spiritual union.

In India, the preference for male heirs due to property inheritance further exacerbates the problem. As the country stabilizes and reduces male mortality, the practice of dowry remains persistent. Families that engage in female foeticide often love their living daughters, but this affection does not extend to female fetuses. The feminist movement grapples with these complexities as they advocate for abortion rights while opposing the cruelty of female foeticide.

Strategies to Prevent Female Infanticide and Foeticide

1. Free Education: Offer free education for girls up to college and postgraduate levels in government-run institutions.

2. Community Involvement: Encourage men to stand up against their families' preference for male children.

3. Feminine Movement: Foster a sense of sisterhood among women so they support each other and advocate against female foeticide.

4. Marriage Choices: Be cautious about marrying women into families with predominantly male children. Such families are more likely to practice female foeticide.

5. Government Incentives: Do not provide government incentives to families with only male children. Consider these incentives as a way of compensating for female foeticide.

6. Promote Female Child: Offer extra incentives to families with more than one girl child to correct the gender balance.

7. Equal Opportunities: Educate and provide equal opportunities for female children, mirroring the opportunities available to male children.

8. Encourage Marriages: Promote marriages between educated men and women, leading to a more gender-aware society.

9. Ban Sex Determination Tests: Enforce the ban on sex determination tests as per the Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act.

The Supreme Court has directed the Indian government to implement the Pre-Natal Diagnostic Techniques Act, aiming to ban sex determination tests and sex selection to prevent female foeticide. The Act also prohibits advertising related to prenatal sex determination.

While legal measures are essential, they alone may not eliminate female foeticide, given deeply entrenched cultural preferences. Overcoming these attitudes and ensuring gender equality remain central to the challenge. A shift from son preference to active daughter discrimination is evident, particularly in areas where mothers are literate. Economic factors, such as the cost of educating girls and access to technology for sex determination, also play a significant role.

Development alone does not guarantee a change in mindset. In India, the disconnect between economic progress and human development is striking. To address the menace of female foeticide, eliminating the preference for sons and fostering gender sensitivity among educated populations is paramount. It is crucial to unite society in raising awareness and tackling this deeply ingrained issue, ensuring a brighter future for the girl child.

Women's Land and Property Rights in India

Background: In many countries around the world, women's property rights are limited by social norms, customs, and sometimes legislation, which hampers their economic status and opportunities to overcome poverty. In countries where women constitute the majority of small farmers and perform the majority of agricultural work, they are routinely denied the right to own the land they cultivate, which is vital for their families' well-being.

1. Empowerment and Security: Ownership of land and property empowers women by providing them with income and security.

2. Household Decision-Making: Without resources like land, women often have limited say in household decision-making.

3. Crisis Resilience: Land ownership provides security and assets that women can use during crises, such as domestic violence or health issues like HIV and AIDS.

4. Conflict and Post-Conflict Impact: Unequal land rights have serious consequences for women in conflict and post-conflict regions. When men are killed or absent, the number of female-headed households increases. These women may find themselves denied access to their homes and fields, leading to poverty and difficulties in obtaining basic rights like education, health care, and sanitation.

Property Rights of Indian Women:

• Property rights of Indian women have evolved through a continuous struggle between traditional and progressive forces.
• India has a complex framework of property rights based on religion, marital status, and geographical region. There is no uniform civil code, and personal laws apply to various religious communities.
• Even within the different religious groups, there are sub-groups and local customs with their specific property rights.
• The property rights of Indian women vary depending on their religious community, marital status, region, and tribal or non-tribal background.
• Despite constitutional guarantees of equality, property rights for Indian women often remain discriminatory and arbitrary.

• The Indian Constitution provides a framework for equality through affirmative action and positive discrimination.
• Article 14 guarantees equality before the law and equal protection.
• Article 15 prohibits discrimination on arbitrary grounds, including sex, and allows for affirmative action to protect vulnerable sections.
• Article 21 expands the right to life to include rights that make life meaningful and prevent it from being a mere existence.

• The Hindu Succession Act of 1956 was a significant step toward codifying and reforming inheritance laws among Hindus.
• Before the Act, Hindu women's property rights were fragmented, varying based on factors such as their marital status and the type of property.
• The Act removed the disability of a female to acquire and hold property as an absolute owner.
• It also brought changes to the concept of coparcenary, granting women an equal right with male members.
• However, the Act still did not give the right to the daughter of a coparcener to be a coparcener by birth in the same manner as a son.
• Several states have enacted amendments to address these anomalies, making women coparceners by birth.

• The Hindu Succession Act did not address inequalities in agricultural land ownership. Many women are still excluded from owning agricultural land, particularly in northwestern states.
• Gender-equal rights in agricultural land are crucial for economic and social development, as women are increasingly responsible for family subsistence.
• Ensuring land titles for women can reduce poverty, enhance livelihood opportunities, improve child education and health, and reduce domestic violence.

Conclusion: Women's land and property rights in India are complex, with variations based on religious, regional, and marital factors. While legislative changes like the Hindu Succession Act have improved women's property rights, challenges remain, especially in the context of agricultural land. Ensuring gender equality in property ownership is not only a matter of justice but also a crucial step toward empowering women and addressing issues of poverty and inequality.

Rights of Tribal Women

• Tribal women in India often follow archaic customary laws that do not grant them rights of succession or partition.
• They may lack rights in agricultural lands, and reform efforts are resisted in the name of preserving tribal culture.

• Indian Muslims follow either the Sunni or Shiite schools of thought in Islamic Law. Hanafi is the dominant Sunni school in India.
• The Shariat Act of 1937 governed Muslim personal matters, including property rights.
• Islamic inheritance law gives specific shares to individuals, with the residue going to agnatic and uterine heirs.
• Bequests are limited to one-third of the estate.

• Husband or wife are made heirs.
• Females and cognates can inherit.
• Parents and ascendants have the right to inherit.
• A female typically receives half the share of a male when in proximity to the deceased.

• The doctrine of survivorship is not recognized in Islamic law.
• Rights of inheritance arise only upon the death of a person, and the order of deaths is the sole guide.
• Representation is not recognized; the nearer relative excludes the more remote.
• Islamic law allows a man to bequeath only one-third of his property to prevent destitution.
• If a marriage is registered under the Special Marriage Act, a Muslim has the powers of a testator under the Indian Succession Act.

• Christian widows' rights are not exclusive and are curtailed as other heirs step in.
• If the intestate leaves a widow and lineal descendants, one-third of the property goes to the widow, and two-thirds to the descendants.
• A widow of a pre-deceased son receives no share.

• Parsi property rights are relatively gender-just, with widows and children receiving equal shares.
• However, some anomalies exist, such as a widow of a pre-deceased son receiving no share.

• The Indian judiciary has had an ambivalent response to personal laws' challenges based on fundamental rights.
• While personal laws are generally not considered susceptible to fundamental rights, there have been cases where personal laws were tested based on fundamental rights.
• Some discriminatory aspects of personal laws have been challenged and struck down.

• The ongoing struggle for a uniform civil code continues in India.
• Women are fighting for rights in marital property, regardless of their religious background.
• Initiatives in some hill states promote community ownership of land by women, encouraging group titles and joint cultivation.
• Challenges remain, including societal acceptance of women's property rights, but there is a growing movement towards gender justice and equal rights in India.

The struggle for gender equality and property rights for women in India remains ongoing, with various religious and cultural factors influencing the legal landscape. Progress has been made, but significant challenges persist.