BHAGAT RAM vs. TEJA SINGH (By- Varun Agarwal & Shubhangi Kansal)
Meanwhile, the 174thReport
of the Law Commission of India highlighted the need for a “gender-neutral
legislation,” supporting which the National Commission for Women (NCW) put
forth the necessity for the following reforms:
- Male
and female relatives of an intestate should be treated equally.
- Natal families of men and women should be
treated equally.
- Lineage of male and female ancestors should be
recognized equally.
- Property
of an intestate should be symbolized equally, i.e., only an heir’s
relation to the intestate (irrespective of the intestate’s gender) should
determine their eligibility.
The above suggestions are mindful of
the fact that women’s position in society has altered from the time the Hindu
Succession Act, 1956, came into being. Today, far more women are getting
educated, running their businesses, and owning property than they did in the
past. These socio-economic changes stand as a roadblock to the patriarchal
standpoint and reflect that the law is no longer compatible with the women of
modern India. Not to mention that the discrimination is a gross violation of
India’s treaty obligation as a signatory to the Convention on the Elimination
of All Forms of Discrimination against Women (CEDAW).
There is a desperate need to do away
with the orthodox notions of male supremacy. We can achieve such change in
social morality by undertaking a comprehensive review of the enactments and
making necessary amendments. Such an effort will help bring out gender-neutral
legislation, which in turn, will enable women to stand on the same pedestal as
men;
In the long run, efforts need to be
made to enable higher learning and skill development amongst women. The
incorporation of such changes will ultimately help create an environment
conducive to the upliftment of women.