Women’s Property Rights in India By Jasmine Brar

Women were always treated unequally to men, they were not given equal share in a property their shares were so less that it did not matter to them, but in some states in India, the state laws which were enacted for that state only had given equal share in those states for property rights to women and there too there were some laws like if a woman were married after a particular year, now just think about those women who were married before, and how they were not entitled to a share.

But in 2005 a central act was enacted which changed all local states laws and all discrimination against women, now women have equal rights as a male. There are certain riders in that law, that father & daughter have to be alive the day the law was passed, and there should be no will of the father and if a will exists, then it has to be his self-acquired property, and not his ancestral property as he is not entitled to write ancestral property to anyone, the will too can be challenged as many times people coerce for their benefit and create wills which are fraudulent.

Anyone dies and leaves behind a will, that will needs to be probated, so that who whoever are rightful owners of the share in the property needs to be informed trough notices so that any objections or any challenges could be made by them against the will in the court. 

All women should know the exact property details; they need to know the exact survey numbers of the land and physical address of the houses and where they are located, all these needs to be stored, additionally all details about movable assets, such as bank accounts, PF, PPF,  shares and any other form of movable assets should also be known.

The survey numbers of lands and houses which are immovable assets will help you to track the sale title, it will also give you complete details of the Encumbrance Certificate which would clearly show you how the property has mutated, also this are the essential documents which will help you to fight a case in the court of law, and would allow you inherit your rightful share, by filing a partition suit. All the details would be available at your local Registrar Office, where the properties are situated.

MAHILA SANATKAR : A CASE STUDY IN WOMEN EMPOWERMENT – BY Himani Saharan

“Women Empowerment” has been a much discussed and debated term in today’s era. While almost everyone understands the importance and need of it, the ways/methods to empower women are perceived differently by all. Therefore, it is important to first understand the term “Women Empowerment”.

The term empowerment refers to measures designed to increase the degree of autonomy and self-determination in people and in communities in order to enable them to represent their interests in a responsible and self-determined way, acting on their own authority. It is the process of becoming stronger and more confident, especially in controlling one’s life and claiming one’s rights. (Wikipedia: Empowerment)

Literally the term women empowerment thereby itself refers to the empowering of women in all aspects where women are independent and empowered enough to take their own decisions and are able to claim their rights.

The empowerment and autonomy of women and the improvement of their political, social, economic and health status is a highly important end in itself. In addition, it is essential for the achievement of sustainable development. The full participation and partnership of both women and men is required in productive and reproductive life, including shared responsibilities for the care and nurturing of children and maintenance of the household. (United Nations Population Fund)

In India, women empowerment has been on the rise since past few years. The Constitution of India itself provides that all human beings are born free and equal in dignity and rights and that everyone is entitled to all rights and freedom without any discrimination on the basis of color, caste or sex.

Women empowerment and women rights have always been prioritized by the framers of the Indian Constitution. The situation has thereby considerably evolved, however, much needs to be done yet.

“Mahila Sanatkar” is an important study in order to understand this evolution and to understand the various ways by which women can be empowered, making them financially independent being an important one.

Mahila Sanatkar is a mutually aided cooperative located in Hyderabad with 50 active members spread in 8 production centers. The name of the cooperative comes from the junction two Indian Mahila means women in Hindi, and Sanatkar comes from Urdu, another widespread language in India, and means industrialist. The junction of the words means “Industrialist Women”. The organization was founded in 1999 as an initiative of COVA promoting inclusion of women through an enterprise approach and trainings in handicrafts such as tailoring, design workshops, tailoring courses, and hand embroidery among others. Promoting innovation in design and products, introducing entrepreneurship and managerial concerns to the craftswomen are also part of the agenda.

The initiative had a considerable success into promoting awareness campaigns, literacy programs, and advocacy through events such as women’s day celebrations. MS has also achieved meaningful results in terms enhancing voice and mobility of beneficiaries, their self esteem in broad sense. (https://pdfs.semanticscholar.org/ca90/4c8cc58192b9ec7d0ea5122b6110291793d1.pdf)

Therefore, we’ve definitely come a long way empowering the women in our society but still have a long way to go.

VIOLENCE AGAINST WOMEN IN INDIA – By Devodatta Choudhury

The violence clearly indicates to the most weaker section of the society. Violence the most highlighted word used mostly often nowadays and by default women are the worst sufferers of the day to day violence that takes place everywhere, whether it be in their homes or in any working place, on roads, cabs or anywhere. Why will only the women needs to suffer? The society still considers women to be inferior from men and makes only the women responsible for all the bad deeds that happen to them or any violence caused to them.

 If a girl rejects a boy just because she is least interested to come into any kind of relationships, the boy out of revenge throws acid on her face because of her rejection. She becomes a victim of acid attack. How long will it continue? We need to take a stand against this now. The girls or any women shouldn’t be afraid to go to the police station or to the court to file a case against the attacker. She needs to get her justice and our laws has assured us to provide each and every citizen justice.

A wife is beaten up by her husband after her marriage just because the amount of dowry given by her family was not enough to fulfill his needs. He comes home drunk and beats her day and night till she asks more dowry from her family and this continues and lastly it leads to the death of the wife . Why should this happen? The victimised women should file a case against the torturer husband in the family court and seek for divorce if any organisation or counsellor has failed to motivate the husband.  Why only should the women suffer? Isn’t this the time to come out of the home and take a stand against all the violence caused? What will the children learn from their parents after seeing so much of violence?

Women now needs to come out of their homes and file a complaint against all the violence they suffer. They should file FIR against the person in the police station and the courts needs to help the women to get proper justice.

Our Constitution has provided a law where if any relationship if it is not worthy to stay or is isn’t working anymore the person’s can be separated by filing a case for divorce. It is no more a bound to any women to stay in an unhealthy relationship. Violence needs to be stopped! Women now needs to move on and come out of trapped relationships. A women is not a puppet, their life cannot only be in the hands of a men, they cannot be under men, this myth should be eradicated because a women can do anything and everything. Life is in our hands we must take the right decision which is fruitful to us.

Legal Aid Centre

A blog where we share our legal articles related to issues in a common person’s perspective and in a simple way. Our topics will primarily include for women empowerement, additionally we would focus our attention towards Senior Citizens and Children. Our primary objective is to provide legal information to each and every person so that they understand their legal rights.

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