Notional Partition : A Critique Section 6 of Hindu Succession Act, 1956
By
Amrito Das
Introduction
Women’s Right to Property and its relation with Section 6 of Hindu Succession Act, 1956
Much ink has been spilt on this both by the academicians and the bench . The judiciary has responded very aptly to face the changing conditions and have shown no reluctance. Section 6 has been seen as a piece of social legislation. Sex discrimination and property matter has been a past phenomenon. Section 6 was to provide a breakthrough as it tried to provide an equal footage to all, maintaining a subtle balance between the fundamental rules of the Constitution and the social norms.
Women were considered lesser human beings and were not treated with equal dignity and hence were denied the proprietary rights for a lot many years. Immense fear existed when it came to giving of property to women. Women’s Right to Property Act 1937, was a social restatement of law where woman was recognized to hold property right ....