FROM VEDIC TEXTS TO THE HINDU SUCCESSION ACT: WOMEN'S STRUGGLES FOR INHERITANCE RIGHTS IN INDIA
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Abstract
Background and Purpose: Women's inheritance rights in India have historically been shaped by religious doctrines, colonial interventions, and post-independence legal reforms. Despite constitutional guarantees of equality, women’s access to property has remained uneven. This paper aims to examine the historical trajectory and legal evolution of women's inheritance rights in India, highlighting the tension between normative legal reforms and social practice.
Methods: The study adopts a doctrinal and historical legal analysis. It examines early Hindu legal texts, including the Mitakshara and Dayabhaga schools, colonial-era legislation during British rule, constitutional provisions, and post-independence statutory law, particularly the Hindu Succession Act of 1956. These sources are analyzed to trace shifts in legal principles governing women's inheritance.
Results: The analysis shows that classical Hindu legal traditions largely excluded women from joint family property, although some early jurists such as Yajnavalkya and Brihaspati recognized inheritance rights for daughters and widows. British-era reforms introduced limited recognition of women's property rights. After independence, the Hindu Succession Act sought uniformity but continued to restrict women’s inheritance in several respects, reflecting persistent patriarchal norms.
Conclusion: The paper concludes that while legal reforms have progressively expanded women's inheritance rights in India, a significant gap remains between formal legal provisions and their implementation. This disparity continues to shape women's unequal access to property, underscoring the need for stronger enforcement and social transformation alongside legal change.