Succession Laws and Gender Justice

Abstract

Women were necessary to constitute, maintain and continue the family but paradoxically an institution whose existence depended on their presence became the very place where they suffered maximum oppression. Contemporary Indian society has refused to give up traditional ideologies and continues to emulate and perpetuate the age-old pattern of stereotyping of roles and ownership pattern of material assets. The passionate outbursts from parliamentarians at the time of the discussion on the Hindu Succession Bill 1954 are sufficient indication of the deep-rootededness of the stereotyping of roles within the family structure of India. By retention of the joint family system and introducing daughters as coparceners, the legislative efforts to usher in gender parity have resulted in abundant confusion. Indian Muslims are governed by the uncodified quranic principles of inheritance coupled with the traditions of the prophet, legislative enactments and the judicial decisions.