CHAPTER -1 INTRODUCTION

“Women are the only oppressed group in our society that lives in intimate
association with their oppressors.” .

Evelyn Cunningham

1.1 AN OVERVIEW

We live in a patriarchal society where women are subjected to inequality

which starts from the point of her conception in mother‟s womb and a
choice to have a girl child has always been the last resort or no resort at
all in major parts of India. The manifestation of patriarchy in society has
subjugated the position of women and her rights in society. Dependence
of women on men folk is for all reasons available under the sun, be it
economical, social, emotional and physical etc. These types of
dependence has not been created overnight, it has taken ages and a sea
load of keeping women folk under pressure, deprivation, destitution had
made them succumb to such conditioning and acceptance of pressure by
them has paved the way for patriarchy system to set its roots in our
society.

The Indian Constitution has assured equality amongst its citizen

and discrimination on the basis of gender is not acceptable at all, but the
ground reality is that women across sections of society be it rich or poor,
literate or illiterate, employed or unemployed, multi religion believers are
discriminated in spite of assurance. Indian Constitution came into effect
on 26th January 1950; it is democratic in its outlook and has adopted best

1
of principles from leading nations of the world like Britain, France,
United States of America, Ireland to name a few, but the striking feature
of Human Rights which is included in the Constitution is an assurance to
a human to live with dignity and full liberty without any discrimination,
still the reality is contradicting the promises and assurances made in this
coveted document. These legislative reforms have perpetuated myth that
Indian women occupy a high status in Indian society. 1 Women across
India are a marginalised section, been discriminated, exploited and
subjugated in every walk of life.

Once Swami Vivekananda said “That country and the nation that
do not respect women have never become great, nor ever be in future.”
This quote is an example of modern thinking of great leaders of our
country; such thoughts have helped in taking reformative steps towards
improving plight of woman in society.

Who is a Woman?

To take the debate further we need to understand the concept of

women and gender, which are two different things, though they are meant
to be used as identical terminologies.

In very simple terms, as we can understand, „women are human

females, men are human males‟ depending on biological features
(Stanford Encyclopaedia of Philosophy, 2011); „gender‟ stands for both
women and men depending on societal identification of the relevant
issues (based on social and cultural factors, position, behaviour or
identity). Gender differences result from cultural practices and social
practices and expectations, apart from the biological differences. Many

1
Neera Desai & Maithreyi Krishnaraj, Women And Society In India (1987).

2
differences between women and men are socially produced or planted,
and therefore, changeable gender wise. For instance, in matriarchal
societies it is the mother or a female who is at the helm of decision
making at the family or even at societal level, where as in patriarchal
societies, it is the other way round-the man. While biological differences
are fixed, gender differences are the result of societal creations and
interventions. For instance, it is customary in many societies and religions
that only men folks can become priests, father or a moulvi. As and when
such traditional rules and practices get transformed in favour of gender,
the concept of male and female distinction becomes insignificant.2

According to Rubin (1975) gender is “social interpretation of sex”

and masculinity and femininity is superimposed on gender. For example
there is preconceived set of behaviour expected of boys and girls since
the time they are born, boys are supposed to be more brave and would do
heavy physical work and girls are supposed to be helper and stay at home
work would be assigned to them. Rubin is of the opinion that this
perspective has its roots in Freudian psychoanalytic theory.3

With this theory of gender and woman being treated as one because
of social interpretation, the discrimination meted out to this specific
gender is focused because they are oppressed since many centuries.

In spite of fifty percent of the population on the world wide,

women were not in equal status with men. This differential position
causes social pressure and inequal treatment towards girls and favouring
boys in different roles. As a traditional form, the status and social role of
the women in every society, specifically Indian society has made women
2
Gopal K Kadekodi, “Historical Thoughts On Property Rights On Women and Gender”, Centre For
Multi-Disciplinary Development Research (CMDR), Dharwad, July 2006
3
Ibid

3
weaker than men. Women are the teachers of the society and they are not
competitors. 4

The women world over were discriminated and treated as second

citizen in 17th-18th Century, but the First World War changed the
situation. Men were at war and mortality rates were high and women
were then asked to venture out of their homes and work for their
countries. This made women realize their potential and it was a turning
point in women liberation and rights. They realised their worth and
demanded equal opportunities and thus ushered the era of women
empowerment worldwide.

Woman is biologically programmed to produce offsprings, she is

creator of universe in that sense. She is the architect of the civilization,
centre of the society and family, and development of mankind is not
possible without recognising women and her equal rights. No nation can
become great without treating its women with dignity and equality.

For a nation to be a great nation its citizen needs to feel safe,

secured and nurtured. Each women being human first and secondly
citizen of a nation or a country needs to have equal opportunities and
rights like her counterparts, any subjudication towards this category will
lead to a distorted and crippled economic and social state.

India is the land where religion is the norm. Here female

Goddesses‟ are worshipped in majority of states, but still the status of
women as human are depleting and deteriorating day by day. The
dependence of women on men is not created overnight it is a practice and
seasoning adopted by our patriarchal society since ages. The dependence

4
Essays, UK. (November 2013). Position of Women in India, retrieved from
https://www.ukessays.com/essays/sociology/position-of-women-in-india.php

4
of women for everything on men has lead to discrimination and
inequality in society relating to rights of women. They are devoid and
isolated if they claim their right.

World is looking towards a techno savvy society, well-learned

population, but the grim reality which lays is that women who form half
of the world‟s population is discriminated on the basis of her gender. It‟s
time; nations need to focus on equality of rights on all walks of life for a
woman.

In ancient time position of women was not the same as today. Four
main Vedas are mentioned on records they are: Rig Ved, Yajur Ved,
Atharv Ved and Sam Ved. In those times women were treated equally
and had rights of her own; she was praised, adorned and respected. Hindu
religion is having a word “SHAKTI” which is akin to power and force
and it is a name of female Goddess and thus this word is often associated
with females in those times.

In Vedic time‟s men and women were treated equally in field of

education and religious duties. Women participated in the public
sacrifices alongside men. Even female Rishi like Visvara are mentioned
in one of the scriptures. Women were also mentioned in the Vedic hymns
some of them are Ghosa who was the daughter of Kaksivant or Indarani-
wife of Indra, Apala the daughter of Atri the famous sage who composed
many hymns in our Vedas. Apparently women were allowed to undergo
thread ceremony and pursue religion education in those times. One of the
scriptures named Haritasmriti mentions about Brahmavadinis who spent
their lives in study of rituals and remained unmarried forever. A very well
know Sanskrit scholar Panini mentioned about women being teachers
known as Acharya and Acharyani which meaning a teacher‟s wife and

5
also a distinction between and Upadhyaya a woman preceptor and
Upadhyayani a preceptor's wife, which indicates that women at that time
could not only be students but also teachers of sacred lore. He further
mentions the names of several noteworthy women scholars of the past
such as Kathi, Kalapi, and Bahvici. The Upanishads refer to several
women philosophers, who disputed with their male colleagues such as
Vacaknavi, who challenged Yajnavalkya. Women were also trained in
warfare as mentioned in Rigveda, name of a queen like Bispala is referred
here. Greek ethnographer Megasthenes mentioned that around fifth
century women were deployed as guards in Chandragupta‟s palace.5

The Upanishad is somewhat patriarchal in its writings, it is written

by men, surrounded by men, and read by men but hints of women is seen
somewhere in these scriptures also but in terms of male relations say a
wife of a sage, sister of that king, a daughter of this scholar, etc. So this is
quite evident that men have been at helm of affairs since centuries or time
immemorial and the status of women has been secondary in all eras.

The Muslim religious scripture Quran also have patriarchal outlook

and Christianity spread through Bible also have verses where it could be
understood that men were treated and asked by the followers to be treated
at par with Gods and women should worship men.

There is a poem in the Mahabharata which exemplifies the status of

women in ancient India of the Mahabharata times, which goes like this.

5
Suryas‟s Tapestry-Ancient Rishi‟s Pathway to Hinduism, retrieved from
http://www.hinduwisdom.info/Women_in_Hinduism.htm

6
“A wife is half the man, his truest friend;
A loving wife is a perpetual spring
Of virtue, pleasure, wealth; a faithful wife
Is his best aid in seeking heavenly bliss;
A sweet speaking wife is a companion
In solitude, a father in advice,
A mother in all seasons of distress,
A rest in passing through life's wilderness.”6

This passage shows that women were centre of society in different

forms and no men could survive on his own. Women however adorning
different hats or roles, have supported her counterparts and thus been
praised for the same.

Mythology and History is full of mentions regarding women and

her position in older times, it is quite amazing to see that woman was
centre of controversies and due to that the course of history and
mythology changed eg: Sita was abducted by Ravana and due to this the
entire clan of Ravana was destroyed in Ramayana. In Mahabharata
Duryodhan insulted Draupadi in front of others and this was the main
reason for the war of Mahabharata.

It is the power of a woman who bears a child and raises him to be

the next warrior, scholar, teacher, king, etc. This is the upbringing of a
woman who gives society, the citizens; they require to change the course
of time. Still all said and done, the position of women then and now is
quite different. The shadow of patriarchal society, illiteracy, child

6
Jayaram V, Women in Upanishads. Retrieved from
http://www.hinduwebsite.com/upanishads/wisdom/upanishads-day06.asp

7
marriage, dowry, sati, devdasi, etc has maligned the image of Vedic
society and a society with gender based discrimination has emerged so
far.

However, the times are changing. It is said that what goes down
comes up, so likewise the status of women which has seen severe
deterioration and discrimination have started to improve due to
intervention by legislation and judiciary. World over organisations like
United Nations had taken major steps to bring women at par with men in
terms of rights and these initiatives have been torch bearers for
developing and developed countries to follow, thus improving the plight
of women world over.

The basic idea of equality and removing gender discrimination has

one thing at its core that is dependence of women on male members of
the family. Women are so dependent and devoid of their rights that they
have actually forgotten to claim what is rightly theirs. This is all means
and ends phenomenon, means is making woman dependent on man of the
family (father, brother, husband, son) and end is she doesn‟t know of her
rights and don‟t claim them, creating inequality and discrimination.

In India women have been fighting inequality in many forms like

education, property, employment, social status, political representation,
etc. But out of the lot economic dependence is a major issue. A female is
economically dependent on male member of family that is the reason she
is subjected to different types of discrimination in society for example
child marriages, dowry, dowry death, illiteracy, health issues, sexual
harassment and domestic violence. Development of any nation can be
seen by economical growth and which is only possible when social
structure of nation is balanced. If gender discrimination is rampant than

8
there are chances that nation‟s growth also goes in negative, due to
unequal awards and rights to women of that nation.

Women‟s economic dependence on men has raised concern with

the legislation and judiciary, the main reason is that female were deprived
of their right to inheritance and due to this their economic and social
status had a negative impact. India being a secular nation, has multi
religion population and a patriarchal mindset is deep rooted in majority of
religions, so women across all religions faces the same issue of
deprivation of rights .There is no acceptance by society regarding
equality of rights in terms of property rights of women. Before and after
independence the story is still the same. The Hindu Succession Act, 1956
which did not conferred any inheritance rights to female in her parental
property and very fewer rights in matrimonial property had to be
upgraded due to feminist movements and demand for equal rights and
elimination of discrimination movements. The battle is long drawn but
the struggle was worth taking, even the most orthodox thinking of society
had to abide by the laws of the land. This enabled enactment of The
Hindu Succession Act (Amendment), 2005 which treats male and female
equal in intestate property of a father. This was a landmark act which
tried to bridge the gap in terms of gender equality. However, the
traditional thinking of people could not be changed overnight.
Acceptability of this act is very low and the amount of social pressure on
women to forgo their right in parental property is far more than giving her
the rights.

Since ages‟ property or economic rights have been the bone of

contention in warring families, even many mythological and historical
wars have been fought for property and for the power associated with it.

9
Today‟s generation is no different from their forefathers thinking. The
dispute relating to property and power associated with it, is still the
reason behind disputes relating to property rights and thus women is
deprived of her right to property because she is made to be economically
dependent on male members of family and presumed not to ask for her
rights in property. This practice and social stigma attached to women and
her rights in parental and marital property has disturbed the equilibrium
of society and thus discrimination and gender injustice is still prevailing
inspite of reforms and legislations in place.

1.2 CONCEPT OF PROPERTY & GENDER

DISCRIMINATION
The Roman law defined property as the right to use and abuse one‟s own
within the limits of the law — jus utendi et abutendi re suâ, guatenus
juris ratio patitur. A justification of the word abuse has been attempted,
on the ground that it signifies, not senseless and immoral abuse, but only
absolute domain. Vain distinction! Invented as an excuse for property and
powerless against the frenzy of possession, which it neither prevents nor
represses. The proprietor may, if he chooses, allow his crops to rot under
foot; sow his field with salt; milk his cows on the sand; change his
vineyard into a desert, and use his vegetable-garden as a park: do these
things constitute abuse, or not? In the matter of property, use and abuse
are necessarily indistinguishable.

Property is “The right to enjoy and dispose at will of one‟s goods,

one‟s income, and the fruit of one‟s labour and industry.” According to
the Declaration of Rights of Man and Citizen from the Constitution of

10
Year I (1793). Code Napoléon, article 544: “Property is the right to enjoy
and dispose of things in the most absolute manner, provided we do not
overstep the limits prescribed by the laws and regulations.”7

Proudhon (1840) in his landmark has rightly defined property from

social and legal point and it made clear that property is associated with
security and power, which means that when one owns certain property his
economical status is secured and he is powerful to take his own decision
and being independent for that matter.

Daron Acemoglu and Simon Johnson (2005) in their research has

revealed that around world and in different economical scenarios the most
important right for a man is property rights which will eventually shape
the rights and prosperity of that person in long-run.

In R.C. Cooper V/s Union Of India case definition of property is

quoted as “property means the highest right a man can have to anything
being that right which one has to lands or tenements, goods or chattels
which does not depend on another‟s courtesy. It includes ownership,
estates and interests in corporeal things, and also rights such as trade-
marks, copyrights, patents and even right 'in personam‟ capable of
transfer or transmission, such as debts, and signifies a beneficial right to
or a thing considered as having a money value, especially with reference
to transfer or succession, and of their capacity of being injured”. 8

In the opinion of Blackstone “by the law of nature and reason, he

who first began to use a thing acquired therein a kind of transient
property that lasted so long as he was using it and no longer; or to speak
7
Proudhon (1840) What is Property? retrieved from
https://www.marxists.org/reference/subject/economics/proudhon/property/ch02.htm
8
R.C.Cooper V. Union of India, AIR 1970, SC 564

11
with greater precision, the right of possession continued of the same time
only that the act of possession lasted. But when mankind increased in
number, craft and ambition, it became necessary to entertain conceptions
of more permanent dominion and to individuals, not the immediate use
only but the very substance of the thing to be used. The theory of
occupancy is the ground and foundation of all property or of holding
those things in severalty which by the law of nature, unqualified by that
of society, were common to all mankind”.

A question which arises here is Why Property Rights? The excuses

for development failure are legion: lack of natural resources; insufficient
funding of education, culture, religion, and history; and, recently,
geographical location. As Friedrich Hayek, Nobel laureate in economics
taught us in another context, we cannot explain success by examining
failure: “Before we can explain why people commit mistakes, we must
first explain why they should ever be right.”

The question that we need to ask is why should nations prosper?

We argue that the difference between prosperity and poverty is property.
Nations prosper when private property rights are well defined and
enforced as per Gerald P, O Driscoll Jr, and W.Hoskins (2003). 9

So it is quiet apt to say that property is associated with prosperity

and lack of property with poverty or economical dependence, this same
case happens when property rights are allotted or inherited by male

9
By Gerald P. O‟Drsicoll Jr. and W. Lee Hoskins (August 2003) Property Rights: The Key to
Economic Development, Retreived from https://object.cato.org/sites/cato.org/files/pubs/pdf/pa482.pdf

12
members and female are dependent on male for fulfilment of all her needs
and demands.

It was noted by Agrawal (1994) that a woman‟s image is associated

with the status of male member of her family and particularly husband; if
husband is rich her status is high, and on divorce or widowhood her status
would get lower. This was the scenario across class, even woman of high
and rich families were suppose to take care of household, raise children
and attend to social norms, and nothing more. Thus women were more
vulnerable to domestic violence, deprivation of economic rights when
they were they do not have dependent on male

Property rights in India enjoyed a far more important position in

society and Constitution, after independence the Constitution had made
property rights as Fundamental rights which were guaranteed by the
Constitution of India. But due to internal tiff between two important
branch of our system that is legislation and judiciary, in which judiciary
tried to protect the property rights of citizen and dismantle the efforts of
ministers and in 1978 Right to Property which was enshrined as Article-
19(f) in Constitution of India was deleted and 44th Amendment
introduced Article-300A in it which says “no person would be deprived
of their property save by the authority of law”. The basic idea of
Constitution of India is welfare of state, fair society and economic
progress of state and its citizens. Indian Constitution thus on
Independence to bring social control on property and to abolish
zameendari and princely state rules brought the concept of Right to
Property. Even the Fifth and Fourteenth Amendment of the Constitution
of United States of America read: "No person shall be deprived of life,

13
property without the due process of law". The following wide definition
of property is generally accepted in that country. "Property" in its broader
sense is not the physical thing which may be subject to ownership, but is
the right thing which may be subject to ownership, but is the right of
domination, possession, and power of dispossession which may be
acquired over it; and the right of property preserved by the Constitution is
the right not only to possess and enjoy it, but also to acquire it in any
lawful mode, or by following any lawful pursuit, which the citizen in the
exercise of the liberty guaranteed may choose to adopt.10

There was a major uproar on the issue of abolishing the Right to

Property so the Supreme Court in Basheswarnath case, held by majority,
that a fundamental right flowing from Article 14 could not be waived by
a citizen or other person who is benefited by reason of the said provision.
As regards the right to property, two judges held it cannot be waived, two
did not express any view, but one Judge held that it could be waived. The
main reason for holding it could be waived is that the right to property is
solely for the benefit of the individual and therefore it could be waived. In
my view, none of the fundamental rights could be waived. There is no
scope for making a distinction on the analogy drawn from American
decisions that some rights were conferred for individual benefit and some
were conceived in public interest. The entire Part III has been introduced
in public interest. The Constitution attempted to preserve to the people
their fundamental rights against infringement by the institutions created
by it. The said rights and their limitations were crystallised and embodied
in the Constitution. It does not permit importation of any further
limitation on the said rights other than those contained in Part III by any

10
“Property Rights under the Constitution” (1969) 2 SCC (jour) 1

14
extraneous doctrine. It is suggested that Articles 19(f) and 31 which deal
with property are specially connected with the interest of the individual
and the interest of the public do not come into the picture, and therefore,
they can be waived. 11

The rights related to property which is still debateable has left the
mark in discrimination of women in this front and personal laws in India
favour this proposition. Different religion in India has their own
customary personal laws relating to inheritance, and woman is always at
the receiving end, each personal law have different groups and sub-
groups which have local customs and laws which govern their property
rights. Thus Hindus, Sikhs, Buddhists and Jains are governed by one code
of property rights codified only as recently as the year 1956, while
Christians are governed by another code and the Muslims have not
codified their property rights, neither the Shias nor the Sunnis. Also, the
tribal women of various religions and states continue to be governed for
their property rights by the customs and norms of their tribes. To
complicate it further as per Constitution of India, centre and state both
governments have authority to enact laws on matter of succession and
hence the states have passed certain legislation with view of property
right as per each personal law. Thus there is no single body which can
enact blanket rules on the property of women in India. Property rights of
an Indian women is determined on the basis of which religion she belongs
to, which caste, married or unmarried, which state she resides in whether

11
Ibid

15
a tribal or not, these bifurcation and variation in rules create
discrimination towards women.12

Property is the major source of economic stability and prosperity,

so discrimination is rooted in the base of this issue of ownership of
property because one who own property becomes independent and has
right of control while the one who does not have any property has no-
right but is instead dependent on the one who owns property.

Research by Panda and Agarwal (2005) in Kerala showed that

among the property-less women (owning neither land nor house), 49
percent experienced physical violence and 84 percent experienced
psychological violence. In contrast, those who owned both land and
house reported dramatically less physical as well as psychological
violence (7 percent and 16 percent respectively). 13 This research shows
that the ownership and dependence is interrelated, and women come in
the category of dependence and due to this they face domestic violence,
economic neglect and discrimination.

Chowdhry (2009) mentioned that The Hindu Succession Act, 1956

fell woefully short of compiling rights of women and making India a
gender-just society. Since property was the issue in concurrent list, both
centre and state could take their own decision relating to it. This made the
matter more complicated and in absence of blanket laws regulating
inheritance and ownership of property rights, women were left landless

12
Shrruti Pandey, Property Rights of Indian Women. Retrieved from
http://www.womenslinkworldwide.org/files/gjo_article_India_caseC.percent20Masilamani_en.pdf
13
Oommen C Kurien, Data and Discrimination: Women‟s ownership of Assets in India, retrieved
from https://www.oxfamindia.org/blog/1209/data-and-discrimination-womens-ownership-assets-india

16
and it took almost half a century to bring her to books and give equal
rights in property in form of The Hindu Succession Act (Amendment),
2005.This concept is not new; it has roots in societal fabric sown
historically which is the outcome of the past happenings, attitude and
patriarchal mindset. Such practice is eroding the core of just and fair
society by shifting the scales in favour of male due to which inequality
was, is and will prevail in Indian society, economy and polity.

1.3 HISTORICAL PERSPECTIVE

According to Hugo Grotius who laid foundation of international laws

based on the natural law, all things originally were without any owner
and whosoever captured them or occupied them become the owners.

No person can live in isolation and to form a society group of

people are required. In ancient times, the concept of ownership of
property arose from the fact that those who used and occupied a certain
area is the owner of that certain property. But with civilized societies and
developed mankind, the rules of the games have changed. Property is a
major source of economic development and all wants to lay claim on
some or any type of property.

Neil Meyer, professor of agricultural economics and rural

sociology at the University of Idaho, mentions that property is nothing
but it is referred to access of rights and stream of benefits which one gets
from a given set of resources.14

It is quiet difficult to scan the entire history and bring the history of
gender discrimination and property rights to forefront, but few of the
14
University of Illinois, Local community resources, retrieved from
http://extension.illinois.edu/lcr/propertyrights.cfm

17
world renowned scholars of historical importance and their stance on
women and her rights will make the picture a bit clear.

“Virtue in man and woman is the same” Antisthenes Greek

Philosopher mentioned in his work Diogenes Laertius

Looking at Asian context the most revered scholar of Chinese

descent Confucius stated that “Nothing can be built on a male foundation
alone. Nothing can be built on a female foundation alone. But when the
female and male are together and yet distinct, the whole world can be
built on them”.

In societies where we live women have always found to be treated

as secondary due the concept of ownership of property. Property rights
make a relationship between people, society and economy. Ownership of
property brings in power, and society enforces such rights against others.
The literature available on rights and ownership of property rights of
women paint a picture where dominance of male members is found. The
clear evidence being majority of Rulers being Kings in historical era and
the civil society has been governed by men and for the men since
centuries. Politics and society go hand in hand and traditionally these two
parameters are controlled by men. Women has been the main contributor
to society in form of labourer in farms and mills, taking care of children,
household work etc. Basically they where into domestic work and after
World War-I they were pushed into commercial work in form of mill
workers in absence of men who were fighting in war .This was also the
time when the concept of Human Rights was gaining momentum
worldwide and women‟s rights were also given due importance. From
18th to 21st century the position of women in society has changed
considerably. It has seen eons of changes but much is left to be done to

18
bring her at par with male in society. History portrays the picture of how,
when and what happened to the position of women in a society and
refereeing to the past the present condition can be understood and
preparation for the future of any society and nation can be made.

1.3.1 PLIGHT AND STATUS OF WOMEN AND HER

PROPERTY RIGHTS IN DIFFERENT ERA

Property rights in the context of women can be defined as: „An

institutional framework under which, the rules and regulations on the
behaviour, conduct, management and governance of this segment of
mankind, are to be dealt by the whole mankind itself. What follows are a
basket of several customary rules, cultural practices, societal regulations,
or constitutional laws, and emergence of organizations and institutions to
conduct and deliberate on these. Property rights on women are meant to
provide information on codes of social and individual behaviour for
everyone concerned, governance and social sanctions to be followed, and
the degree of transparency to be maintained, and beneficiaries of the rules
to be well defined; and the duties and responsibility of agents delivering
such property rights well established. All these are aimed at protecting the
status, dignity and virtues of the gender.‟

The intent of property rights specifically speak about the rules on

the rights and responsibilities of women, the ownership and inheritance
rules, rules regarding their marriage and family life and such others. 15
Women and her status in the society give a picture of the true nature of
that society, whether it is progressive or regressive in nature. To trace and

15
Ibid 2

19
gauge the current status of women in a country we need to take a look in
the past of that country. To gauge the position of women and her property
rights in India in different era research of her origin and her journey
through time has to be mapped.

India is a country of Gods and mythology is something which is

neither denied nor ignored here. The topic of religion is completely based
on mythologies in this country and the mythology flows from the
scriptures and epics of ancient India. The country known as “Bharat” in
ancient times and “Hindustan” during Mughal period has gone through
cultural and social changes in many forms and this has impacted the
society and its rules to govern it at large. Women and men are two major
players in the social space, absence of one will disturb the equilibrium.
However the mere presence of both the participants‟ does not amount to
equal status and rights. Position of women from then and now is quiet
different, from being treated as equal in Vedic Period, to being treated as
secondary in post Vedic period, to being oppressed in Muslim period, to
having given some rights in British period, the journey is quiet long in
that terms. The plight and status have gone a sea of change and this
change has shaped the mindset in society and the way we treat women in
different era.

For the purpose to gauge the position and status of women in

different era, four categories are devised. Basically these are time-zones
from thousands of years to current time; it is necessary to understand the
status of women and her rights then and now to arrive at a clear picture of
current scenario.

20
1.3.1.1 VEDIC PERIOD

India has rich history of culture and heritage, and mythology is an

undivided part of this culture. The oldest versions found in history about
the existence of human being and the society that time is through Vedas.
It is said to have recorded history of law of those times. This period talks
about Hindu religion and treats India to be a Hindu Nation in that period.
The concept of Vedas was to prevent “Dharm” and to define a code of
conduct for people to follow. Dharm was the concept of following legal
order and religious obligations. Talking about Hindu Law, it has its roots
from “Shruti”, “Smriti” and Customs and usage. The word „Hindu‟ first
appeared in the Old Persian language which was derived from the
Sanskrit word Sindhu, the historic local designation for the Indus River in
the north-western part of the Indian subcontinent. A Hindu is an adherent
of Hinduism. 16 As Menski (2003) mentioned that Manu was the first
formidable male that has been written in the scriptures and his
descendents King Bharat on whom the name “Bharat” was kept for India
in Vedic times. Desai (1998) supported the fact that Hindu culture was
based on “Shruti” which were divine words and original uttering‟s from a
formidable source. Diwan (1979) also argues that Hindu law flow from
Vedas which are the “divine revelations”. From the mentioned
commentaries it can be said that Manu is treated as the original law giver
and he is believed to be son of Lord Brahma.

The concept of Vedic knowledge comes from “Shruti” which

means to hear and “Smriti” means to remember and recreate from it.
Vedic knowledge and information have stood the test of time and Hindu
religion gives high regards to the sayings mention their-in. Vedas are

16
Sources of Hindu Law, retrieved from http://lawtimesjournal.in/sources-hindu-law-critique/

21
classified as: The Rig Ved, The Sam Ved, The Yajur Ved and The
Atharva Ved.

To study the history of time in cultural context the Vedic period is

traced to be from 2500 B.C to 1500 B.C. The status of women is
understood to be higher in those times because female Goddess and their
praise and might have been recorded in many of the mythological
scriptures in Hindu religion. As per Hindu Vedic Scriptures women
enjoyed a respectable position due to which she was independent and
enjoyed equal rights and they participated in all sphere of life in those
times. When it comes to the gender aspects, it proclaims man as
„Ardhanari‟, meaning there by women as a component part of man, in the
manner man is a component part of women, and together they make a
complete whole 17 . Vedic literature shows that birth of girl child was
appreciated “A girl also should be brought up and educated with great
effort and care” (Mahanirvana Tantra). Rigved praises the father of many
daughters; even no hymns are found where birth of girl child is
considered as inauspicious. Girls were treated equal as boys; they were
educated and were allowed to undergo “Upnayan” ceremony- a sacred
thread ceremony in Hindu religion.

Hindu women whether unmarried, married, widowed had some or

the other rights in property by way of inheritance or maintenance.
Famous Hindu Text like Manusmriti, which is said to be a brahminical
verse mention that women‟s property right were respected that time also.

17
Buhler, C (translator) : The Laws of Manu, retrieved from http://sanskritdocuments.org

22
Many famous Jurist like Narard, Katyayana, Jimutavahanam Yajnavalkya
further promoted the concept of women‟s‟ right to property. 18

These scriptures also define the role of women in society, which

was high and respectful; the women were treated at par and were allowed
to participate in intellectual dealings also. These scriptures also talk about
female sages who were equally hailed and respected in those times, for
eg: Lopamudra who was wife of revered sage Agastya during Rigveda,
Maitreyi wife of sage Yajnavlakya, Gargi, daughter of Vachakanu, was a
learned sage and was brahmavedini as per historical records. The position
and intellect of these ladies present a picture that the women were given
fair chance to learn, represent in socio-religious levels of those times
alike here male counterparts.

As Majumdar (1960) discusses about the importance of women as

per Rigveda, where women acquire an important place in household and
was partner of her husband in all the religious and sacrificial activities,
and keeping happy a women than only she be blessed with health
offspring‟s. This indeed clarifies a point that patriarchy didnot set its foot
in Vedic era and women were treated equally in those times.

It is indeed clear that in Vedic times the women were respected and
equal in intellectual side, but in property rights which were more of a
social issue the Vedas present a scenario which shows equality at some
point and deterioration later in time.

18
Kanaka Latha Mukund, „Turmeric Land, women‟s property rights in Tamil society since early
medieval times‟‟, XXVII/17,Economic and Political Weekly, WS-2 (1992)

23
 The changing status of women in historical time can be
bifurcated under two periods (a) 2500-1500 B.C. and (b) 1500-1800
A.D. these time frames showcase status and social outlook towards
women and her rights.

The time frame showcase the freedom and social equality

women had during those times in family and society. Many scholars
like Manu, Kautilya, etc have precisely talked about equal rights
granted to women during Vedic times (2500-1500 B.C) She was
treated at par with male and her rights were not seen as granted to
her due to being a fairer and feeble sex, but she entitled it due to
being equal as male.

Manu specifically talks about property rights and status of

daughters, wives and mothers in his work Manusmruti. “Streedhan”
is given to daughters as their rights in parent‟s property and
brother‟s contribution is also there in it. Also after marriage
whatever a girl brings from her father, mother, brother and other
relatives and whatever she gets from her in-laws as gifts or token of
love was called-six fold property of a woman.

Property rights of women are not discussed separately in

Vedas, the property was known as chattel and hardly any religious
scriptures talks of it. Rights of women and her property is limited to
“Streedhan” for married daughters, equal right of wife in husbands
property, and if a daughter is unmarried and her parents die she
would own equal share like her brother and if the girl is brother-less
than it would become difficult in those times for such girls to get

24
married, so she would inherit the entire property. Vedic literature do
not define any unfavourable succession rules for women as such.

Manu talks of protection of women and her dignity all the time
and protection of her rights was duty of male members with whom
she was associated. A hymn from Manusmriti, which goes as:

पिता रक्षतत कौमारे भताा रक्षतत यौवने I

रक्षन्तत स्थवीरे ित्र

ु ान स्त्री स्वातंत्रयमह्रती II मनस्
ु मतृ त 9/13
19

As Manusmriti talks of her dependence on father when she is a

child, on brother when she is adult, husband when married and son in her
old age. This shows the social formation, code of conduct for women and
rules in the society, which says that though women were treated as equal
they were quite dependent on male as they were more physically strong
which is nature‟s way of protecting women as per Vedic scriptures.
Vishnoi (1993) points that Manu attributes this to “the two sexes being
unequal in strength stigma and psychology”.

It is quiet difficult to categorically specify the exact time

frame from when the deterioration of status of woman started but the
advent of patriarchy was the precursor which made woman to be
treated as second citizens. As per scholarly data available it may
have started during 1500B.C in the Brahamans age and by the age of
Sutras and Srutis considerable deterioration was seen in the status of
woman of those times.

19
Ramanujan Devanathan, (2016), Understanding Manusmriti-I: Women and Freedom , retrieved from
http://indiafacts.org/understanding-manu-smriti-women-freedom/

25
 As Altekar (1959) observed that during Aryan rule position of
women decreased further because around 300 B.C. they found various
tribal population inhabiting near Gangatic planes, so these people were
available as cheap labour.

1.3.1.2 POST VEDIC PERIOD:

This phase is seen where India was under the rule of different
princely states based on region, the concept of King and pupil was in
practice and currency, education, welfare, farming, trade etc were on
rise. People followed rules of kingdom and trade, farming, fisheries
etc was major business in India. Since India was considered to be
quiet developed in those times, western world got attracted towards
it. India had rich culture and heritage, it was rich in fortunes, had
Vedic knowledge, and many natural resources to offer to world, but
still it was not technically advanced country.

The society and status of women in Post-Vedic era didnot

deteriorate immediately, we often refer to stories of “Swayamvar”
where women were allowed to select her husband from the present
gathering called for her marriage, this shows the kind of liberty
given to women of upper-class in that society. Even some women
were referred to have fought in wars alongside men. In many
scriptures available of those times, women scholars like wife of
Mandan Mishra who defeated Shankracharya in philosophical
discussion are prominent examples that few sections in those times
also promoted equality to women to an extent, but at large the lack

26
of education, caste system etc took toll on the position of women in
that era.

Religion and faith was observed stringently and many bad

practises were observed like black magic, female feticide, devdasi,
child marriages, etc. Women were not considered to be equal and
their freedom was restricted, they were not entitled to economic
freedom and patriarchy was the norm. Education to women was the
source of her upliftment in Vedic time, so women were deprived of
education in post-Vedic era which leads to her status from
independent to dependent. The events which further deteriorated the
position of women further in those times were:

 Sati: It is the practice among some of the Hindu communities

that widow women should by choice or forcefully be coerced
to sacrifice her life by burning alive in the funeral pyre of her
dead husband, other forms of sati included drowning the
widow or burying her alive with her husband. Sati practice was
first mentioned around 510 CCE. 20 This practice was abolished
after first legislation banning this was enacted Bengal Sati
Regulation, 1829.

 Child marriage: It is known as „Bal Vivaha‟, is believed to have

begun during the medieval ages of India. This practice involves
marrying girls who were below 18 years of age and in many parts
of India, infants were also married off. This practice flourished due
to the feudalistic character of the Indian society and the spread of

20
Linda Heaphy- 2017 https://kashgar.com.au/blogs/history/the-practice-of-sati-widow-burning

27
 caste system promoted it further, it was seen prominently in rural
areas of the country. 21 This system was outlawed in the year 1929.
 Devdasi practice: This is an old practice observed in India since
many centuries, young girls as small as four years are offered to
Gods as their servers and they are thus have to leave their family
and live in the temple for all of their lives. Sexual harassment,
prostitution etc have emerged as the backdrop of this practice in
Southern parts of India

Caste system which was followed in Vedic and post-Vedic

period became more stringent and the entire social, political and
economical frame of society revolved around this system. Religion
was the norm in the society and customs where the code of conduct,
since education was not the primary motto of the people of that time,
ill practices related to religion and custom made its foray into the
daily lives of people in those times.

Birth of daughter was looked down to, son was treated as

priced possession, and child marriage where girls were married of at
tender age became the custom of those times. Also polygamy was
accepted in Hindu society in those times, and this further
deteriorated the position of women in post-Vedic era. However, the
women on other religion like Buddhism and Jainism and Christians
were bit lenient in treatment of women in those times. Girls had
access to education and these religions believed in gender neutral
society. Example of great women like Sangmitra a great scholar,
who was the sister of King Asoka, is mentioned of those times,

21
Women of History, Gulf news (2012), retrieved from http://women of
history.blogspot.in/2012/06/child-marriage-in-india.html

28
where upper-class or women of other religion than Hindu were quite
liberated and had better status.

1.3.1.3 MUSLIM PERIOD

Muslims invasion during 11th century in India brought with it tradition

and customs unknown to Hindus of the country. During Mughal period
the position of women was subordinate to men. Women had to face many
hardships and evil custom practices of that time. The introduction of
purdah system and no freedom to woman was seen after Muslim invasion
in India. Since the Muslim rulers were barbaric in nature their invasion on
Hindu rulers would mean that they will enslave the females of that
kingdom they won as bounty and this lead to slavery and forced
conversion of religion of such people. This made the child marriage as
norm in society, where Hindu parents married of girls as early as eight
years of age so as to protect them and thus the birth of girls was seen as
burden on parents because of their inability to protect her dignity and life.

Succession rights of women were not at all talked off, women were
not given any rights in property of either father or husband, and this made
them dependent on them.

However, rulers like Akbar who promoted education and proper

law and order in society, raised his voice against Sati and made efforts to
abolish the same. During his rule, the position of women becomes slight
better than before.

29
1.3.1.4 BRITISH PERIOD

During British period, when the “East India Company” came to India
around 1757 and during their rule of over 300 years they changed the
entire social demographic of this country. Before the arrival of
British India was divided into princely states, headed by regional
rulers, since British gave freedom to Indians from Muslim era, they
were ushering in the rules and progressive culture of Europe which
they brought along. India which has been under the rule of Muslim
rulers for 700 years was a melting pot of multi culturalism and
majority of population had religious outlook. People were divided by
religion and faith, superstition, illiteracy, etc was on rise. Position of
women was in complete shackles, with practice of purdah system,
devdasi practise, sati pratha, child marriage, and polygamy had made
inroads in the social and cultural fabric of Indian population.

Since British East India Company had a goal of trading they

were quite learned and far ahead in terms of science and technology
in those times. The advent of industrialisation and urbanisation saw
requirement of educated workforce so British administration made
efforts in this area and also treated woman equally as her status was
absolutely subjected to deterioration and oppression. Many
reformation movements during 19 th & 20 th century brought about
changes in status of women compare to medieval period (post
Vedic). Reformers like Raja Ram Mohan Roy, Ishwar Chandra
Vidyasagar, Vinobha Bhave, Swami Vivekanand, Mahtma Gandhi
and many more made constant efforts to improve the plight of Indian
woman.

30
 Literacy rates were quiet low during the British rule, because
women education was not a priority at all, the literacy rate was as
low as 1percent in 1901, lower literacy rates lead to lower
awareness, increased exploitation and discrimination on basis of
gender was rampant. Also caste system which was a prevalent factor
since medieval period in India also played a major role in gender
based discrimination; the situation was such that women were
discriminated on basis of her gender, religion, caste, status,
qualification and what not. Women irrespective of country are
feminine, care takers and transmitter of culture and they are
sometimes responsible for upliftment of society and polity. Such
thoughts were even propagated by wives of British officers who
were posted in India in those times, who tried to spread education
and made reforms in their own way and level, as remarked by Burton
(1994).

Woman basically had no say in the patriarchal society of 19 th

century India and no rights or privileges were conferred to her,
British Government introduced major Legislative Acts which were
harbinger in paving a way for reforms and strengthening the position
of women in Society.

British Government brought some degree of social and

political orderliness with them but the social, cultural and religious
status of India remained unchanged. But with time and with social
movements which were undertaken by some renowned reformist of
those time few laws were enacted keeping in view the pitiable status
of woman in Indian society; acts like Hindu Widow Remarriage Act,
Hindu Women Right to Property are few to mention which are

31
marked as milestone in uplifting woman and her rights during those
times. British India was far more acceptable of the idea of woman
being treated equal in terms of rights and privileges. But British Raj
emphasised more on caste based system of India and followed the
same, the caste system already had woman as the lowest member in
the list, so this further degraded her position at that time. However,
it can be said that since India was under the British Monarch so they
tried to bring the English system of law and order to India without
disturbing the moral and cultural fabric of society. The British are
responsible for bringing Law and legislation which are still the
backbone of India in this country, they enacted many laws which
brought even women and her rights to books and this made a
difference in a sense that women were made aware of their rights.

1.3.1.5 Post Independence Period

The attitude of Indian society ever since Vedic times till the dawn of the
second millennium has been contradictory with regard to gender equality.
In India, a woman is described as divine and worshipped as the
embodiment of all the virtues on the one hand and on the other hand, she
is discriminated and victimized by the norms created by the male
dominated society 22 . The status and position of women has seen a
paradigm shift from being discriminated and deprived to one who stands
for her rights and will fight for it will all her might.

22
Edward W. Hopkins, Hindu Polity ,The Ordinances of Manu, Ludhiana (1972)

32
 A nation‟s development is seen by how it treats its citizen, India
promises to keep all its citizens on equal footing and standards. Cultural
and religion is the main reason of discrimination, women in patriarchal
setup is always on the lower rung, it doesnot concern that how developed
is the country or world she lives in.

Present times are more liberating for women, feminist movement,

judicial activism and acknowledgement of equal rights by society has
changed the picture and way how women were treated earlier. Still there
is unrest felt in the society, because it is not the legal or constitutional
lacuna but the mindset of men and women which leads to this situation of
social predicaments. Rigid customs, traditional mindsets and wilful denial
of basic rights still evade the rights of women, and the reformative
legislations largely remains 'paper tigers,' either not accepted or, out of
reach of most women, for lack of awareness about their existence and or
application. 23 With International support and eye of world on India it is
quite a different picture, women have become more vocal of their rights
and status in society, and many reformative legislatures have been passed
to cement this position of women in current times.

1.4 SCHEME OF WORK

The research is a multi faceted work incorporating primary and secondary
research both. This is a socio-legal study of property rights of women
under different personal laws, the concept of society and law go hand in
hand. Law cannot work in vacuum, there has to be society in which
enforceability of law is utmost necessary to keep society working in

23
Indian women: Yesterday, today and tomorrow, (April 2015) , retrieved from
http://indiatoday.intoday.in/story/indian-women-yesterday-today-and-tomorrow/1/436978.html

33
tandem with law. The following scheme of work tries to incorporate these
two aspects of socio-legal and try to summarize the problem which is at
core of this important institution.

1.4.1 AIMS/OBJECTIVES
Women as a human as all the rights required to lead her life with dignity
and liberty, discrimination of any sort is not appreciated by world
anymore. Internationally plight of women and their rights have grasp
attention because women contribute almost equally as men in almost all
the fields of work, yet she is not given all the rights which men have, this
is not just violation of her fundamental rights, but also a bigger violation
of a human rights which are associated with her existence.

Women have fought many wars on domestic, social and political

front just to achieve equality and recognition of her rights. But what
woman is unable to achieve is changing of mindset and social
acceptability of her rights. Women are seasoned to be secondary and
sacrifice as her virtue, she is suppose to sacrifice her freedom, rights and
liberty for family on drop of the hat, which will make her great women.
But no this is not what modern women thinks, they have had enough of
being an escape goat and it‟s about time “Arise, Awake and stop not until
the goal is reached”- By Swami Vivekananda.

The main aim for this research is to compile and present different
dimensions relating to property rights of women in India under different
family Laws. Research showcase the dearth of efforts put in by society to
promote property rights of women and the level of ignorance on part of
women regarding such rights and to suggest measures to be undertaken to
eradicate inequality in rights, proper implementation of present

34
legislation and measures to spread awareness regarding rights. This work
is aimed to be one stop reference for property rights of Women in India

To sum up, this study is undertaken with following objectives to be

achieved:

 To investigate past and present rules regarding property rights of

women under different personal laws in India, i.e., Hindu, Muslim,
Christian and Parsi
 To evaluate the social aspects responsible for discrimination of
women and her rights regarding property
 To understand legislative acts of past their lacunas and ponder
upon present acts and investigate their effectiveness
 To study causes responsible for discrimination of women and her
rights to property as per personal laws
 To focus on current scenario where economic dependence of
women makes her vulnerable despite of reformative legislations in
favor of her
 To prepare a comprehensive guide regarding women and her right
to property at different stage of her life

1.4.2 SCOPE OF STUDY

To improve a nations health we need to improve its citizens social and

economic condition, and with women forming ½ the population of the
world. It is imperative that their social and economical wellbeing is of
utmost importance. But the sad story around the developed, developing
and underdeveloped nations of the world is the same-women are treated
unjustly and are treated as second citizen world over.

35
 On the advent of 21st century the condition of women has improved
but yet not achieved the status of equality in all terms. Economic power is
such thing which brings a social acceptance of the person having it. With
property rights having economical context it is not an understatement to
say that once a woman who was deprived and mistreated in terms of her
right to property is now up in arms with the system and wants to regain
her rights. Property rights which comes under the Family Law in India
deals with civil rights of citizens under different religion in India. India is
country of many religions and believes in secularity and all religions are
given due importance and their matters regarding their family like
marriage, adoption, succession, inheritance, etc is taken care under
respective personal laws and given due importance alike.

From Vedic times women is said to be „Ardhangini‟ a better half,

but this proposition is just in literal terms, in reality women is
discriminated and her rights are not given preference. Women as
daughters are attuned to think that they are supposed to be married off
and are „Parayadhan‟ in parents house and once married she is the
outsider in her husband‟s house, so basically a woman has no one of her
own in literal sense. But in reality women is the centre of a family setup it
is said that a man makes a house, but it is a women who makes it a home,
quiet truthful a women dedicates herself in household responsibilities,
raising children, taking care of old family members, being friend and
companion to her husband, cherishing ties with her own parents and
siblings, and at times professionally handling everything alongside the
listed above tasks. But her contribution to family, society and economy
goes unrecognised and there is no economic value allotted to household
work done by a woman. This is also a type of discrimination towards not

36
recognising her work and efforts she puts to built and nurture a family,
society and economy.

A woman though contributing so much to society is still

discriminated and devoid of her rights. A daughter by birth was not given
right to coparcenary property as per old Hindu law, a married women
donot have a specific share in her husband‟s property, a widow had only
right to maintenance and no major relief s given to divorcee women, and
this situation is seen across religion, and this discrimination is gender
specific and not religion specific. But the religion and customs have
degraded the position of women further and until and unless religion is
set apart from legislation equality of women cannot be achieved.

The Constitutional guarantees, Fundamental Rights and Directive

Principles are guidelines focused on eliminating all sorts of
discrimination and bringing equality to women and reformative measures
are continuously taken to support the guarantees given in our
Constitution. Personal laws which are based on custom and usage are
hindrances in such equity regarding rights of women. This study is
focused on property rights, and property is the main source of economic
security, ownership of property brings power and acceptability in society,
so to study whether it is a conspiracy to not to allow women property
rights so that she do not become equally powerful as man or is it a
patriarchal mindset to claim superiority by just being male. Moreover, the
complication of rights and discrimination also further add on when there
are legislations and then customary laws are also there, acceptability of
social norms and customary laws and women forgoing their rights is a
matter of concern which is explored in this study. Also, the multiplicity of
laws as per religion and their acceptance is area to be studied and

37
 suggestion on better implementation of enacted laws is undertaken
through this work.

This research aims at summarizing the historic concept of property

rights of women, know social acceptance of these rights, historical
discrimination faced by women in terms of property rights, to study
legislative reforms in form of the Hindu Succession Act, 1956, Hindu
Succession (Amendment) Act, 2005, and legal provisions as right to
property of woman under different family laws in India.

1.4.3 HYPOTHESIS
1. Conditioning of women as second citizen and acceptability of her in
society if she forgo her rights in terms of property. Inspite of current rules
which have promised equality to female heirs in Parental and Marital
property, the society have not promoted the idea and nor appreciated the
concept at times.

2. Discrimination is gender specific and personal laws in India are also

giving testimony to the statement

3. Women are ignorant about their right to property in marital and parental
share, and this is to be used as point to prove that laws are made but
social acceptability is less for such laws.

1.4.4 LIMITATIONS
The research has reached its aim, however there are some unavoidable
limitations. Research on this matter can be huge and time consuming task

38
which could not be conducted in this work, with the resources available
and the time frame given, but if done on large scale it can provide
potential and impactful results.

Primary Data is collected from Gandhidham-Adipur Area only just

to gauge insight on social impact of enacted legislations and the
awareness level among women which is core to the research problem. If
this research is applied on bigger scale, inferences might change.
However researcher might have missed some point and the interpretation
is the researchers own and the researcher takes full responsibility of the
same.

This study is an effort to research the Socio-Legal aspect of an

issue and does not promise to be a comprehensive and elaborate work on
the said topic. Effort has been made to cover maximum issues related to
the topic but it would be impracticable to cover all of them. This work is
open for improvement in future.

1.4.5 DATA COLLECTION AND ANALYSIS

The methodology adopted by the researcher is doctrinal and non-doctrinal

in nature. Effort have been made to prepare exhaustive report where
Rights of women under her Parental and Marital Property in India under
different family laws is discussed and a commentary relating to origin,
evolution and present scenario related to property rights of women has
been tried to summaries. A social survey of acceptance of such rights
which are available to women and awareness among women regarding
these rights is conducted. The survey is questionnaire based and segment

39
respondents are females only and target is 18 and above age women.
Simple Random Sample technique is used to collect the data.

DATA COLLECTION

Method applied to collect relevant data pertaining to this research is as

follows:

PRIMARY DATA

Simple Random Survey was used to collect data from respondents in

form a Questionnaire. Questionnaire used in the research is mix of close-
ended as well as open-ended questions. The sample size in 100 and since
awareness of property rights among women was to be done, females
above the age of 18 years is taken for the purpose of the survey.

SECONDARY DATA

Data from books related to subject, journals, religious texts, websites,

newspapers, Court judgments etc have been referred and included where
relevance is found in the thesis.

DATA ANALYSIS

The interpretation of data is done on the basis of information collected

from respondents in form of questionnaire and the same is analysed with
the help of diagrammatical and tabular representation, correlation is also
shown in places where it was necessary to show the interrelation of data.
MS-Excel is used to prepare diagrammatical and tabular representation of
data.

40