- Property laws
In 2005, the Hindu Succession Act was changed to include a daughter as an equal partner in joint family property. However, some issues remain. The rules for inheriting a woman’s property differ from those for a man’s property among Hindus. If a woman dies intestate without a husband or children, her property will pass to her husband’s heirs first, then to her father’s heirs, and finally to her mother’s heirs if they are still living. The Supreme Court supported this method of succession, despite the fact that it was found to be unconstitutional. In both Sunni and Shia law, a woman is entitled to half of the man’s property. If a daughter and son are both alive, the daughter receives one share and the boy receives two. According to the Indian Succession Act governing Christians, a widow receives one-third of the property, while the other lien descendants receive two-thirds. Sons and daughters, on the other hand, have equal rights to their parents’ property.
2. Marriage and divorce laws
The Hindu Marriage Act, 1955 has removed these disparities to a large extent. The monogamy rule for both men and women was enacted. The woman can take divorce and end her married life and enter into another marriage according to law. The Hindu Marriage Act, 1955 has given the grounds for divorce. Section 5 of the Hindu Marriage Act, 1955 lays down the conditions for marriage The Hindu Marriage Act, 1955 has removed these disparities to a large extent. The monogamy rule for both men and women was enacted. The woman can take divorce and end her married life and enter into another marriage according to law. The Hindu Marriage Act, 1955 has given the grounds for divorce. Section 5 of the Hindu Marriage Act, 1955 lays down the conditions for marriage The Hindu Marriage Act, 1955 has removed these disparities to a large extent. The monogamy rule for both men and women was enacted. The woman can take divorce and end her married life and enter into another marriage according to law. The Hindu Marriage Act, 1955 has given the grounds for divorce. Section 5 of the Hindu Marriage Act, 1955 lays down the conditions for marriage The Hindu Marriage Act, 1955 has removed these disparities to a large extent. The monogamy rule for both men and women was enacted. The woman can take divorce and end her married life and enter into another marriage according to law. The Hindu Marriage Act, 1955 has given the grounds for divorce. Section 5 of the Hindu Marriage Act, 1955 lays down the conditions for marriage
To a significant extent, the Hindu Marriage Act of 1955 has eliminated these inequities. The monogamy rule was enacted for both men and women. According to the legislation, the lady can divorce her husband and enter into another marriage. The grounds for divorce are laid out in the Hindu Marriage Act of 1955. Despite the fact that Hindu law has been codified, certain discriminatory provisions still exist today. For example, a Hindu woman is not a coparcener except in a few states such as Andhra Pradesh, Maharashtra, Karnataka, and Tamil Nadu; as a result, she is not entitled to a share in the coparceners. Similarly, even though she is a legal successor, she has no right to split a dwelling house. As a result, it is clear that the Hindu codification of personal law has not totally eliminated gender inequity.
A Muslim man is allowed to marry up to four women on a conditional basis. It’s vital to emphasise that polygamy among Muslim men is not a choice but a requirement. Contract weddings are permissible for Shia Muslim men for a set length of time. There is no limit to the number of mute marriages that a Muslim man can enter into. As it comes to divorce, Muslim women have the weakest and most insecure position when compared to other women.
3. Guardianship and Custody laws
Section 6 of the Hindu Minority and Guardianship Act states that the child’s guardian is the father, followed by the mother. In the case of a youngster under the age of five, an exception is made. According to the law, this child should live with his or her mother. Even though the wife and husband are separated, the Hindu law of adoption only enables a married woman to adopt with her husband’s approval.
According to Muslim Shariat law, the father is the natural guardian of his children regardless of gender, however the mother has custody of her boy until he turns seven years old and of her daughter until she reaches puberty. According to Muslim law, a male attains majority/adulthood when he reaches the age of seven, whereas a female attains majority when she reaches puberty.
Aishwarya Says:
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