[nukkad] Lamenting the state of women and the men ....

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The first problem for all of us, men and women, is not to learn, 
but to unlearn. -Gloria Steinem, women's rights activist, editor (1934- )
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Ravi Menon asked: Does the Hindu religion define how we treat our women? Do
we have laws that 
define property rights etc?

My earlier response to Ravi's second query on inheritance needs correction
and supplementary answers, as further thought on the subject brought up new
recollection. 

1. The second school of thought prevalent in Bengal was Dayabhaga.
2. Both systems deal with devolution of property in Hindu Joint families.
The Hindu succession act of 1956 gave legitimacy to the system of devolution
by survivorship with some tinkering here and there. So court's reference to
mitakshara system in judgments was not just applying conventions (as
mentioned in my earlier mail) but was applying the provisions of law itself.
Under mitakshara system, Women were not eligible for inheritance; they were
however entitled for maintenance for life.  
3.  Some states (Maharashtra, AP ???)have modified the Act to give some
rights of inheritance to women. I know for sure that Kerala had totally
abolished the coparcenery in 1976; that ended the Matrilineal system.  
4. I wonder why this patently discriminatory law was passed by Parliament
and how the law survived legal challenges all these years. This is what
happens when an avowedly secular Government tries to appease religious
pressure groups by including discriminatory traditions in the statutes. 
5. Traditional Christian succession laws in India also discriminated against
women. Mary Roy (mother of Arundhathy Roy) had to fight a long legal battle
to wrest her right on her father's property through Supreme Court.  
6. Thus, discrimination against women is not the monopoly of any religion.
It is a common feature among all religions in India. A great Indian
tradition. :(

V.K.Venugopal




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