Hindu Succession Laws: From Gender Biasness To Social Empowerment
- IJLLR Journal
- May 4
- 1 min read
Dr. Anuradha Girme, Assistant Professor, Bharati Vidyapeeth (Deemed) University, New Law College, Pune
Adv. Nishtha Tiwari, LL.M., Bharati Vidyapeeth (Deemed) University, New Law College, Pune
ABSTRACT
Property rights have long served as a foundation of social organization and economic progress throughout human history. This article presents a comprehensive examination of the evolution of the right to property in India, tracing its development across various historical periods, socio-political contexts, and legislative transformations. Beginning with the pre-colonial era, the discussion explores the intricate framework of ancient Indian legal systems, where property ownership occupied a central place within the social hierarchy and was deeply influenced by prevailing cultural and religious values.
The advent of colonial rule brought a significant transformation to this framework, as British authorities introduced new legal concepts and property regulations aimed at reshaping traditional property relations in accordance with their administrative and economic interests.
In the post-independence period, the nature and scope of property rights became a subject of intense constitutional debate and policy deliberation. Initially recognized as a fundamental right under Articles 19(1)(f) and 31 of the Constitution of India, the right to property underwent a major change with the 44th Constitutional Amendment of 1978, which reclassified it as a legal right. This shift empowered the State to implement land reforms and promote redistributive justice in pursuit of social equity.
Keywords: property Rights, succession laws, economic development, women’s rights, constitutional rights.
