From Subjugation To Equality: Appeasement Of Women’s Rights In Hindu Jurisprudence
- IJLLR Journal
- Jun 15
- 2 min read
Dr. Mamta Bhattacharjee, Assistant Professor, Bhagubai Changu Thakur College of Law, New Panvel, Navi Mumbai, Maharashtra
ABSTRACT
This article undertakes a critical analysis of the legal reforms under Hindu Law aimed at improving the status and rights of women. The central theme revolves around whether these reforms constitute true empowerment or merely act as appeasement to placate the growing demand for gender justice. The article delves into various aspects of Hindu personal law, including marriage, succession, guardianship, and protection against domestic violence. It evaluates the effectiveness of legislative and judicial measures, analysing the gap between law and practice through a socio-legal lens. The British primarily initiated the codification of Hindu Law, and rights peaked after Independence, which was a step towards recognising and strengthening women’s rights. Four new enactments relating to Hindus were introduced, which brought about social upheaval and change amongst Hindus. Today, with various amendments from time to time, the Hindu Law has emerged as a more empathetic piece of legislation for Hindu women, integrating itself within the Constitutional framework of justice, fairness and equity. The recent amendments have granted women equal footing as their male counterparts in terms of status, marriage, maintenance, property rights, and dwelling place, empowering them with stability and support. The judiciary has been actively bringing significant changes in matters relating to marriage, maintenance claims, inheritance rights of women, property distribution, partition of joint property, devolution of property for widows and re-marriage of widows. The judiciary and the legislature have culminated in new modern provisions for women’s empowerment suitable to contemporary times, adjudicating both men and women as equal partners.
Keywords: Women's rights, Hindu law, gender justice, appeasement, legal reform.
