The Supreme Court verdict acknowledging equal rights to daughters on a par with sons as coparceners or equal inheritors in a Hindu household is welcome. The verdict does away with the final vestige of a discriminatory follow that continued regardless of the 2005 modification to Section 6 of the Hindu Succession Act, 1956. There are two foremost faculties of legislation adopted by Hindus — Mitakshara and Dayabhaga. While Mitakshara School is adopted in most components of India, Dayabhaga School is confined to Bengal. Certain areas in South India are ruled by Marumakkatayam, Aliyasantana, and Nambudiri programs of legislation. Notwithstanding its discriminatory nature, the unique Section 6 of the Act was, actually, a progressive provision to begin with, given the truth that ladies didn’t have a share within the coparcenary property within the 1950s, and on the demise of an heir, the share of the deceased was handed on to his male heirs.
The Hindu Succession Act, 1956, made inroads into the male-dominated system. Though ladies didn’t get equal rights in property, the legislation made it doable for them to inherit property. While the remainder of India continued with the discriminatory follow, some states corresponding to Kerala, Andhra Pradesh and Karnataka amended the legislation, giving equal rights to daughters. It was on this mild that Parliament amended the Act in 2005 to present equal rights to daughters. But on account of conflicting verdicts delivered by courts on retrospectivity of the modification, daughters continued to be discriminated in opposition to.
Maintaining that daughters can’t be disadvantaged of their proper to equality, the Supreme Court has now dominated that the 2005 modification can be relevant to them, no matter whether or not they had been born earlier than or after it. Most of those legal guidelines are from the pre-Constitution period, when proper to equality was not a elementary proper. Post-Constitution India should try to attain the constitutional goal of equality. While Hindu private legal guidelines have been amended a number of occasions to make them suitable with constitutional provisions and rules, there’s a want for comparable modifications in private legal guidelines of all different communities. This requires legislative intervention.