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India's top court has ruled that daughters have equal rights to Hindu family property

Jyotish

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India's Supreme Court bolsters inheritance rights for Hindu women

India's top court has ruled that daughters have equal rights to Hindu family property. All Hindu women now have equal rights to their father's property from 1956, when the succession law was first codified.

Dharvi Vaid

11.08.2020

India's Supreme Court on Tuesday ruled that daughters have equal rights as sons in Hindu ancestral property.

The ruling extends the scope of legislation introduced in 2005 to cases where the father had died before the law was introduced.

"Once a daughter always a daughter...son is a son till he is married," said Justice Arun Kumar Mishra, who was heading the three judge bench.

"The daughter shall remain a coparcener [one who shares equally with others in inheritance of an undivided joint family property] throughout life, irrespective of whether her father is alive or not. Daughters must be given equal rights as sons, daughter remains a loving daughter throughout life," Mishra pronounced.

The bench was hearing a series of appeals that questioned whether the 2005 amendment to Section 6 of the Hindu Succession Act of 1956 — which gave daughters equal rights in family property — has a retrospective effect.

In 2016 and 2018, there were conflicting rulings by the court with regards to the interpretation of the Section.

The judges have directed Indian courts, where the cases have already been delayed due to the contradictory judgements, to make decisions within six months.

"The daughters cannot be deprived of their right of equality conferred upon them by Section 6. Hence, we request that the pending matters be decided, as far as possible, within six months," the bench said.

Amnesty International said the decision was a step towards "promoting equality for women".


Women's Rights and personal laws in India

India has individual laws for Hindus, Muslims, Christians, Zoroastrians, and Jews, first framed under the British rule.

Laws related to marriage, inheritance and adoption are codified in different acts for different religions.

Since India's independence in 1947, there has been a growing demand for a common legislation instead of personal laws, called the Uniform Civil Code.

Supporters of the legislation argue that a secular republic requires common law for all citizens rather than rules differentiated based on religion.

Activists have also argued that the rights of women are usually limited under religious laws.

In a pivotal judgement concerning personal laws, the Supreme Court of India had deemed the Islamic practice of triple talaq —men instantly divorcing their wives — was unconstitutional in 2017.

Last year Indian lawmakers passed a bill criminalizing the practice.

https://www.dw.com/en/indias-supreme-court-bolsters-inheritance-rights-for-hindu-women/a-54534390
 

Pandora

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I am a father to a beautiful daughter and no law would stop me from giving everything i have to her. Few verses of Quran that should make all Muslims proud

“For men there is a share from what their parents and close relatives leave, and for women there is a share from what their parents and close relatives leave, be it little or considerable; a definite share.” Surah Nisa’ 4:7

“Allah charges you in regard with your children: a son’s share is equal to the share of two daughters; if the [children] are [only] daughters and two or more, their share is two thirds of the legacy, and if there is only one daughter, her share is half [of the legacy]; and each of the parents inherit one-sixth of the legacy if the deceased had children, and if the deceased had no children and the parents are the only heirs, the mother inherits one-third; if the deceased had brothers, the mother inherits one-sixth; [all this is] after executing the will and settling the debts of the deceased. You do not know which of your parents and children benefit you the most. This is Allah’s injunction; surely Allah is All-knowing, All-wise.” Surah Nisa’ 4:11

To all who are curious Surah Al Nisa is all about women rights.
 

Pandora

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What does this remark mean? Can anyone explain?
I think he is saying daughter will love parents for life and sons will love their parents until they get married after which they become Ran Mureed :lol:. Sad to say i have seen so many such cases that i say this judge is right on spot on this issue.
 

PakSword

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I think he is saying daughter will love parents for life and sons will love their parents until they get married after which they become Ran Mureed :lol:. Sad to say i have seen so many such cases that i say this judge is right on spot on this issue.
LOL

I think there is some legal interpretation as well.

Is he trying to say that a daughter can get the share till she is alive but son can get it until he is married?
 

Pandora

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LOL

I think there is some legal interpretation as well.

Is he trying to say that a daughter can get the share till she is alive but son can get it until he is married?
I dont think he is talking about legal aspect but rather social side of it.
 

peagle

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India's Supreme Court bolsters inheritance rights for Hindu women

India's top court has ruled that daughters have equal rights to Hindu family property. All Hindu women now have equal rights to their father's property from 1956, when the succession law was first codified.

Dharvi Vaid

11.08.2020

India's Supreme Court on Tuesday ruled that daughters have equal rights as sons in Hindu ancestral property.

The ruling extends the scope of legislation introduced in 2005 to cases where the father had died before the law was introduced.

"Once a daughter always a daughter...son is a son till he is married," said Justice Arun Kumar Mishra, who was heading the three judge bench.

"The daughter shall remain a coparcener [one who shares equally with others in inheritance of an undivided joint family property] throughout life, irrespective of whether her father is alive or not. Daughters must be given equal rights as sons, daughter remains a loving daughter throughout life," Mishra pronounced.

The bench was hearing a series of appeals that questioned whether the 2005 amendment to Section 6 of the Hindu Succession Act of 1956 — which gave daughters equal rights in family property — has a retrospective effect.

In 2016 and 2018, there were conflicting rulings by the court with regards to the interpretation of the Section.

The judges have directed Indian courts, where the cases have already been delayed due to the contradictory judgements, to make decisions within six months.

"The daughters cannot be deprived of their right of equality conferred upon them by Section 6. Hence, we request that the pending matters be decided, as far as possible, within six months," the bench said.

Amnesty International said the decision was a step towards "promoting equality for women".


Women's Rights and personal laws in India

India has individual laws for Hindus, Muslims, Christians, Zoroastrians, and Jews, first framed under the British rule.

Laws related to marriage, inheritance and adoption are codified in different acts for different religions.

Since India's independence in 1947, there has been a growing demand for a common legislation instead of personal laws, called the Uniform Civil Code.

Supporters of the legislation argue that a secular republic requires common law for all citizens rather than rules differentiated based on religion.

Activists have also argued that the rights of women are usually limited under religious laws.

In a pivotal judgement concerning personal laws, the Supreme Court of India had deemed the Islamic practice of triple talaq —men instantly divorcing their wives — was unconstitutional in 2017.

Last year Indian lawmakers passed a bill criminalizing the practice.

https://www.dw.com/en/indias-supreme-court-bolsters-inheritance-rights-for-hindu-women/a-54534390
What a beautifully twisted court and justice system,
It took 70 plus years to grant equal rights to Hindu women,
But were very quick to pass judgement on triple talaq, in the the process legally condemning a husband to jail if he did so.

I don't believe in triple talaq, but what is a secular court in a secular country doing passing judgements on religious matters.

In which country and in what logic does it make sense to send the husband to jail, in third world country, such as India how is the family meant to survive with the husband in jail and its effect on the children.
And once he is out, what effect will that have not just on the marriage but the entirety of both the family groupings.

Shameful Court.
This court has already declared that mosque is not a part of Islam.
Judicial Hindutva fascism
 

srshkmr

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What a beautifully twisted court and justice system,
It took 70 plus years to grant equal rights to Hindu women,
But were very quick to pass judgement on triple talaq, in the the process legally condemning a husband to jail if he did so.

I don't believe in triple talaq, but what is a secular court in a secular country doing passing judgements on religious matters.

In which country and in what logic does it make sense to send the husband to jail, in third world country, such as India how is the family meant to survive with the husband in jail and its effect on the children.
And once he is out, what effect will that have not just on the marriage but the entirety of both the family groupings.

Shameful Court.
This court has already declared that mosque is not a part of Islam.
Judicial Hindutva fascism
The same law existed before but they are amending it now.
 

fitpOsitive

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India's Supreme Court bolsters inheritance rights for Hindu women

India's top court has ruled that daughters have equal rights to Hindu family property. All Hindu women now have equal rights to their father's property from 1956, when the succession law was first codified.

Dharvi Vaid

11.08.2020

India's Supreme Court on Tuesday ruled that daughters have equal rights as sons in Hindu ancestral property.

The ruling extends the scope of legislation introduced in 2005 to cases where the father had died before the law was introduced.

"Once a daughter always a daughter...son is a son till he is married," said Justice Arun Kumar Mishra, who was heading the three judge bench.

"The daughter shall remain a coparcener [one who shares equally with others in inheritance of an undivided joint family property] throughout life, irrespective of whether her father is alive or not. Daughters must be given equal rights as sons, daughter remains a loving daughter throughout life," Mishra pronounced.

The bench was hearing a series of appeals that questioned whether the 2005 amendment to Section 6 of the Hindu Succession Act of 1956 — which gave daughters equal rights in family property — has a retrospective effect.

In 2016 and 2018, there were conflicting rulings by the court with regards to the interpretation of the Section.

The judges have directed Indian courts, where the cases have already been delayed due to the contradictory judgements, to make decisions within six months.

"The daughters cannot be deprived of their right of equality conferred upon them by Section 6. Hence, we request that the pending matters be decided, as far as possible, within six months," the bench said.

Amnesty International said the decision was a step towards "promoting equality for women".


Women's Rights and personal laws in India

India has individual laws for Hindus, Muslims, Christians, Zoroastrians, and Jews, first framed under the British rule.

Laws related to marriage, inheritance and adoption are codified in different acts for different religions.

Since India's independence in 1947, there has been a growing demand for a common legislation instead of personal laws, called the Uniform Civil Code.

Supporters of the legislation argue that a secular republic requires common law for all citizens rather than rules differentiated based on religion.

Activists have also argued that the rights of women are usually limited under religious laws.

In a pivotal judgement concerning personal laws, the Supreme Court of India had deemed the Islamic practice of triple talaq —men instantly divorcing their wives — was unconstitutional in 2017.

Last year Indian lawmakers passed a bill criminalizing the practice.

https://www.dw.com/en/indias-supreme-court-bolsters-inheritance-rights-for-hindu-women/a-54534390
Don't you think that this will accelerate the female child murders in their mothers womb?
 
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India's Supreme Court bolsters inheritance rights for Hindu women

India's top court has ruled that daughters have equal rights to Hindu family property. All Hindu women now have equal rights to their father's property from 1956, when the succession law was first codified.

Dharvi Vaid

11.08.2020

India's Supreme Court on Tuesday ruled that daughters have equal rights as sons in Hindu ancestral property.

The ruling extends the scope of legislation introduced in 2005 to cases where the father had died before the law was introduced.

"Once a daughter always a daughter...son is a son till he is married," said Justice Arun Kumar Mishra, who was heading the three judge bench.

"The daughter shall remain a coparcener [one who shares equally with others in inheritance of an undivided joint family property] throughout life, irrespective of whether her father is alive or not. Daughters must be given equal rights as sons, daughter remains a loving daughter throughout life," Mishra pronounced.

The bench was hearing a series of appeals that questioned whether the 2005 amendment to Section 6 of the Hindu Succession Act of 1956 — which gave daughters equal rights in family property — has a retrospective effect.

In 2016 and 2018, there were conflicting rulings by the court with regards to the interpretation of the Section.

The judges have directed Indian courts, where the cases have already been delayed due to the contradictory judgements, to make decisions within six months.

"The daughters cannot be deprived of their right of equality conferred upon them by Section 6. Hence, we request that the pending matters be decided, as far as possible, within six months," the bench said.

Amnesty International said the decision was a step towards "promoting equality for women".


Women's Rights and personal laws in India

India has individual laws for Hindus, Muslims, Christians, Zoroastrians, and Jews, first framed under the British rule.

Laws related to marriage, inheritance and adoption are codified in different acts for different religions.

Since India's independence in 1947, there has been a growing demand for a common legislation instead of personal laws, called the Uniform Civil Code.

Supporters of the legislation argue that a secular republic requires common law for all citizens rather than rules differentiated based on religion.

Activists have also argued that the rights of women are usually limited under religious laws.

In a pivotal judgement concerning personal laws, the Supreme Court of India had deemed the Islamic practice of triple talaq —men instantly divorcing their wives — was unconstitutional in 2017.

Last year Indian lawmakers passed a bill criminalizing the practice.

https://www.dw.com/en/indias-supreme-court-bolsters-inheritance-rights-for-hindu-women/a-54534390
Great judgement.
 

fitpOsitive

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Even then, it is a right step.. Female feticide can be curbed by taking some other measures.
It's an injustice with male members. In indian society, females are given a lot of dowry. Then she gets equal rights as well. I mean, yeah, Allah has made men tough, but not that tough.
 
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What a beautifully twisted court and justice system,
It took 70 plus years to grant equal rights to Hindu women,
But were very quick to pass judgement on triple talaq, in the the process legally condemning a husband to jail if he did so.

I don't believe in triple talaq, but what is a secular court in a secular country doing passing judgements on religious matters.

In which country and in what logic does it make sense to send the husband to jail, in third world country, such as India how is the family meant to survive with the husband in jail and its effect on the children.
And once he is out, what effect will that have not just on the marriage but the entirety of both the family groupings.

Shameful Court.
This court has already declared that mosque is not a part of Islam.
Judicial Hindutva fascism
The difference is that Hindus were still allowed to give 50% or more than 50% share to their daughters but now after this decision it is a compulsion.

Why are you getting so frustrated with this judgement?
You can instead look at this: https://www.thehindu.com/news/inter...dmark-Hindu-marriage-bill/article17324249.ece

https://www.bbc.com/news/world-asia-39233567

Why did it take so many years for Pakistan to recognize Hindu marriages?

Additionally, in Pakistan while Hindus or other minorities can be converted to another religion, Muslims can't be converted to another religion. Any thoughts on that?
 

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