ABSTRACT

This chapter discusses the legal provisions relating to the position of women, situated within the religious context. It outlines the relevant provisions and the changes sought to be effected. The provisions within the Hindu Succession Act (HSA) which limit the rights of women. The chapter brings out the effect of the statutory developments of the Hindu law, arguing that these act as piecemeal changes, affecting only specific subject areas, and leaving a whole body of uncodified Hindu law untouched, which continue to operate along with statutory provisions. There are two principal schools of Hindu law, the Mitakshara and Dayabhaga. The Mitakshara law as well as the Dayabhaga rules were in force in various parts of the country, with the courts applying and interpreting the principles contained therein in the process outlined earlier. Hindu law has developed to incorporate a new value and create a new role for Hindu women as independent owners of land.