Introduction to the Volume
Abstract Introduction to the Special Issue on Property Rights in India: Theory and Practice.
- Book Chapter
- 10.58532/v3bbso25p5ch2
- Feb 24, 2024
Women's Property Rights are property and inheritance rights that are always valued by women as a category within society. Property ownership patterns and rights vary across societies and are influenced by cultural, political, racial and legal factors. Like women's property rights in other countries, women's property rights in India have evolved from ongoing struggles between status quo and progressive forces. Hindu women's legal rights to property have long been restricted in Indian culture. Women's property rights are the property and inheritance rights enjoyed by women as a group within society and like women's property rights elsewhere, women's property rights in India are incompetent and unjust. Indian women have made great strides in the last century, but they still have less property rights than men, both in quality and quantity. The legitimacy of claims purportedly made in a legal context must be questioned in light of their legal, historical, political and cultural context. Voting and property rights have been recognized as a result of feminist movements around the world, but in many places such rights are only enshrined in statutes and serve no practical purpose. It is our duty to protect the rights of all people has the right to be treated equally in all areas of life. However, women's status in our society is lower than that of men and the inequality is particularly pronounced in property rights. The law recommends the harmonization of personal law in the form of a uniform civil code with fair, just and nondiscriminatory provisions. Elaboration of the Uniform Civil Code would go a long way in improving the status of women in India. A slight difference with respect to property rights for Indian women is that Indian women are highly divided among women regarding property rights, among many other moral rights. With so many laws coming out, it's clear that there should be no discrimination between men and women, but in reality no law is effective enough to bring about real change in society. Hindu women's property rights are changing and the current laws governing these rights are more lenient than those of ancient Hindu societies. Patriarchal Hindu societies provided women with property known as stridhan (literally "women's property or wealth"), which consisted mainly of wedding gifts (clothes, jewelry and rarely landed property). Women's movements around the world offer a comprehensive feminist account of society. In fact, what seems radical in contemporary feminist analysis corresponds to nineteenth century feminist criticism. Various property rights exist in India. Hindu law applies to Hindus, Buddhists, Jains and Sikhs. Islamic law applies to Muslims. Christian law applies to Christians and Parsi law applies to Parsis. Jews have their own property rights. But women's equality and freedom were denied. Because the turbulent history of mankind has shown that no matter how far apart in time and space, different cultures have one thing in common and that is the mockery of women.
- Research Article
7
- 10.20529/ijme.2008.023
- Apr 1, 2008
- Indian Journal of Medical Ethics
Currently, there is a debate on what impact the implementation of the Trade Related Aspects of Intellectual Property Rights (TRIPS) in India would have on its pharmaceutical industry and health care. The debate hinges primarily on two major questions. First, will the new patent regime provide an impetus for innovation in the pharmaceutical industry? Second, how far will India's pharmaceutical exports of copied versions of patented drugs to developing countries be restricted under the new regime? The first question seeks to find out if TRIPS will increase India's innovative capabilities to fill the current vacuum to develop drugs for tropical diseases. The large multinational companies (MNCs) that dominate the global pharmaceutical industry have no interest in commercial ventures that have little potential for great returns on investment. The second question attempts to find a solution to the lack of access to medicine in most developing countries. Indian manufacturers' supply of reverse-engineered drugs, which cost only a fraction of the prices charged by MNCs, may be coming to an end under the new regime. Against this backdrop, this article attempts to analyse the impact of strengthening intellectual property rights in India.
- Conference Article
- 10.51767/c250613
- Jul 1, 2025
Due to the emergence of new technologies, enforcement of IPRs has become a difficult task for the Indian government. Protecting intangible assets in a globalized environment has become increasingly challenging, as many individuals and organizations face the common threat of imitation and exploitation of their IPRs. This article highlights an overview of various challenges related to the protection of intellectual property rights in India. This article is based on a review of literature and a descriptive analysis of secondary data collected from articles published in online research journals and newspapers. Despite all the challenges related to the protection of Intellectual Property Rights in India the Indian market for IPR is poised for significant growth and development, hence those innovators and investors who understand the intricacies of IPRs can reap significant benefits out of it.
- Research Article
- 10.29070/0tb75q93
- Oct 1, 2025
- Journal of Advances and Scholarly Researches in Allied Education
Women’s property rights in India have witnessed a long and complex journey, shaped by cultural traditions, religious prescriptions, colonial interventions, and post-independence constitutional and legislative reforms. From the restrictive notions of Stridhana in ancient Hindu law to the revolutionary Hindu Succession (Amendment) Act, 2005, the trajectory reflects both the resilience of patriarchy and the struggle for gender justice. This article explores the evolution of women’s property rights in India across different historical phases, critically examining how ancient customs, medieval traditions, colonial codifications, and modern legal frameworks have influenced women’s access to property. It also highlights judicial interpretations and constitutional principles that continue to push for equality in ownership and inheritance.
- Research Article
3
- 10.1177/2455328x19898420
- Mar 7, 2020
- Contemporary Voice of Dalit
The right to property is especially sacrosanct since the state of financial deficit renders women’s condition very much pathetic in a patriarchal society. In order to get a clear picture of women’s property rights in a caste based patriarchal society like India, here, the Hindu Code Bill is taken into consideration as a major plot because the bill has a history of egalitarian dialogue and had been initiated as an effort to make an egalitarian structure, wherein women would be enjoying property rights as equal to men. This article deals with the trajectories of women’s property rights in India after the introduction of the Hindu Code Bill. So, the focus area of the study is on women’s rights in ancient Indian laws and their development in modern laws since the colonial period to the Hindu Code Bill.
- Research Article
95
- 10.1016/j.jdeveco.2014.11.004
- Dec 6, 2014
- Journal of Development Economics
Suicide and property rights in India
- Research Article
- 10.36948/ijfmr.2025.v07i02.38556
- Mar 8, 2025
- International Journal For Multidisciplinary Research
This study examines the complex landscape of Hindu women's property rights across different regions of India, highlighting the significant variations in legal implementation, cultural practices, and social norms that affect women's access to property ownership. Despite the uniform framework established by the Hindu Succession Act of 1956 and its subsequent amendments, substantial regional disparities persist in how women's property rights are recognized and enforced. The research analyzes these variations through multiple lenses, including historical legal systems (Mitakshara and Dayabhaga), state-specific legislative amendments, and regional customary practices. Through examination of legal documents, case studies, and empirical data, this study reveals that southern states generally demonstrate more progressive implementation of women's property rights, while northern regions show greater resistance due to entrenched cultural practices. The study also identifies significant urban-rural divides in property rights enforcement across all regions. The findings indicate that regional variations are influenced by factors including historical precedents, economic conditions, social structures, and the strength of local women's movements. This understanding of regional disparities provides crucial insights for policymakers and advocates working towards more equitable property rights for Hindu women across India.
- Research Article
- 10.36099/ajahss.1.6.3
- Sep 5, 2019
- Addaiyan Journal of Arts, Humanities and Social Sciences
Economic independence of women is a major catalyst in achieving equality for women. In a developing country like India women are more culturally adapted and their property rights are still in dreams. There are supporting legal system for Indian women in case of property rights, however many a time’s women are not willing to utilize it because of fear of break of relationship. The present study attempts to study the knowledge of married educated women on matrimonial property rights in India. This shows that the respondents have minimum knowledge on property rights, even when they have knowledge the respondents are not ready to get their property from their relations because of the fear of break of relationships. On the other hand, the male counterparts are not ready to share their property with their sisters. This shows that legal system prevails in document form and in no way it helps women in grass root level.
- Supplementary Content
11
- 10.4103/0976-9668.82307
- Jan 1, 2011
- Journal of Natural Science, Biology, and Medicine
The World Trade Organization's agreement on Trade-Related Aspects of Intellectual Property Rights set global minimum standards for the protection of intellectual property, substantially increasing and expanding intellectual property rights, and generated clear gains for the pharmaceutical industry and the developed world. The present review elaborates all aspects of Intellectual Property Rights in detail, along with their protection criteria.
- Research Article
- 10.2139/ssrn.2095220
- Jun 29, 2012
- SSRN Electronic Journal
The Peculiar Circumstances of Eminent Domain in India
- Single Report
11
- 10.3386/w19978
- Mar 1, 2014
Is there an impact of female property rights on male and female suicide rates in India. Using state level variation in legal changes to women's property rights, it is shown that better property rights for women are associated with a decrease in the di fference between female and male suicide rates, but an increase in both male and female suicides.[BREAD Working Paper 353]. URL:[http://ipl.econ.duke.edu/bread/papers/working/353.pdf].
- Research Article
11
- 10.1016/j.iimb.2017.12.003
- Dec 14, 2017
- IIMB Management Review
Innovation and intellectual property rights law—an overview of the Indian law
- Research Article
- 10.2139/ssrn.1920692
- Sep 1, 2011
- SSRN Electronic Journal
A Brief Study of Indian Property Rights from Below
- Research Article
- 10.36948/ijfmr.2025.v07i05.55721
- Sep 29, 2025
- International Journal For Multidisciplinary Research
Intellectual Property Rights (IPRs) are the entitlements granted to individuals or owners for their ideas and creations. These rights allow inventors or creators to reap the rewards from their innovative work and knowledge. Examples of IPRs include copyrights, patents, trademarks, and designs, all of which provide protection and rights to the individuals who have developed or invented such properties. On May 12th, 2016 National IPR policy was approved by the Government with the objective to improve the functions of Intellectual property rights in India. This initiative realizes plenty of original and innovative energies that stream in the country and felt necessary to bring them under unique rooftop for the brighter upcoming of IPRs. Apropos of the ease of doing business, the government of India in the year 2015 initiated the Commercial Courts Act, which came into effect in 2016 with an aim to overcome obstacles in processing commercial suits which consider IP conflicts. The Commercial Courts Act contains strict deadlines from filing an application to the end of the judgment of the case. The establishment of Commercial Courts will facilitate the expedited resolution of disputes, ultimately fostering a more business-friendly atmosphere and enhancing the nation's ranking in terms of ease of doing business. The purpose of IPRs is to protect the rights of an individual/creator by quick disposal of cases which is achievable with the right implementation of the Commercial Courts Act in India. This article offers a summary of the commercial courts in India that address intellectual property rights.
- Research Article
- 10.2139/ssrn.1972902
- Dec 15, 2011
- SSRN Electronic Journal
Need of Awarness of Intelectual Property Rights in India and Other Developing Countries
- Research Article
- 10.1017/als.2025.10025
- Oct 13, 2025
- Asian Journal of Law and Society
- Research Article
- 10.1017/als.2025.10018
- Oct 7, 2025
- Asian Journal of Law and Society
- Research Article
- 10.1017/als.2025.10024
- Oct 1, 2025
- Asian Journal of Law and Society
- Research Article
- 10.1017/als.2025.10019
- Oct 1, 2025
- Asian Journal of Law and Society
- Research Article
- 10.1017/als.2025.10023
- Sep 29, 2025
- Asian Journal of Law and Society
- Research Article
- 10.1017/als.2025.10016
- Aug 11, 2025
- Asian Journal of Law and Society
- Research Article
- 10.1017/als.2025.10009
- Aug 4, 2025
- Asian Journal of Law and Society
- Research Article
- 10.1017/als.2025.10014
- Aug 1, 2025
- Asian Journal of Law and Society
- Research Article
- 10.1017/als.2025.10012
- Aug 1, 2025
- Asian Journal of Law and Society
- Research Article
- 10.1017/als.2025.10011
- Aug 1, 2025
- Asian Journal of Law and Society
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