Section 23 Of The Hindu Succession Act
Section 23 of the Hindu Succession Act:
Before and After
The Hindu Succession Act came into force on 17th June, 1956, with the basic objective of providing a comprehensive scheme of intestate succession for Hindus.1
The Hindu Succession Act 1956 was amended in 2005. The amendments were made to make the Hindu Succession Act more empowering to women by altering, deleting and adding certain sections.
The Hindu Succession (Amendment) Act, 2005 sought to make two major amendments in the Hindu Succession Act, 1956. First, it is proposed to remove the gender discrimination in section 6 of the original Act. Second, it proposed to omit section 23 of the original Act, which disentitles a female heir to ask for partition in respect of a dwelling house, wholly occupied by a joint family, until the male heirs choose to divide their respective shares therein.2
This paper focuses on the rights of women regarding section 23 of the Hindu Succession Act, 1956 and its effects after it got deleted in 2005.
Hindu Succession Act, 1956: Before the amendment
The framers of the Indian Constitution took note of the adverse condition of women in society and a number of provisions and safeguards were included in the Constitution to ward off gender inequality. In this context, Articles 14, 15(3) and 16 of the Constitution can be mentioned.
After the advent of the Constitution, the first law made at the central level pertaining to property and inheritance concerning Hindus was the Hindu Succession Act, 1956.
The Act took a giant leap in 1956 by granting several rights to women equal to that of men but failed to do complete justice to women.
Prior to the Hindu Succession Act, 1956 shastric and customary laws that varied from region to region governed Hindus and sometimes it varied in the same region on a caste basis resulting in diversity in the law.3
A woman in a joint Hindu family, consisting both of man and woman, had a right to sustenance, but the control and ownership of property did not
Before and After
The Hindu Succession Act came into force on 17th June, 1956, with the basic objective of providing a comprehensive scheme of intestate succession for Hindus.1
The Hindu Succession Act 1956 was amended in 2005. The amendments were made to make the Hindu Succession Act more empowering to women by altering, deleting and adding certain sections.
The Hindu Succession (Amendment) Act, 2005 sought to make two major amendments in the Hindu Succession Act, 1956. First, it is proposed to remove the gender discrimination in section 6 of the original Act. Second, it proposed to omit section 23 of the original Act, which disentitles a female heir to ask for partition in respect of a dwelling house, wholly occupied by a joint family, until the male heirs choose to divide their respective shares therein.2
This paper focuses on the rights of women regarding section 23 of the Hindu Succession Act, 1956 and its effects after it got deleted in 2005.
Hindu Succession Act, 1956: Before the amendment
The framers of the Indian Constitution took note of the adverse condition of women in society and a number of provisions and safeguards were included in the Constitution to ward off gender inequality. In this context, Articles 14, 15(3) and 16 of the Constitution can be mentioned.
After the advent of the Constitution, the first law made at the central level pertaining to property and inheritance concerning Hindus was the Hindu Succession Act, 1956.
The Act took a giant leap in 1956 by granting several rights to women equal to that of men but failed to do complete justice to women.
Prior to the Hindu Succession Act, 1956 shastric and customary laws that varied from region to region governed Hindus and sometimes it varied in the same region on a caste basis resulting in diversity in the law.3
A woman in a joint Hindu family, consisting both of man and woman, had a right to sustenance, but the control and ownership of property did not