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Property rights for women in India

June 13, 2023

Context: Despite several years of protest, legal battles, the ancestral property rights of Kinnaur
women are still unjustly barred from enjoying their rightful land rights.

Source:https://www.dailypioneer.com/2023/columnists/the-never-ending-fight-of-kinnaur-women-for-property-rights.html

Syllabus Mapping: Women, Deprivation and Inequalities

Summary of the article

The Kinnaur women in Himachal Pradesh, India, are still denied their ancestral property rights
despite years of protest and legal battles. A customary law called “Wazib ul Urj” prevents women
from inheriting property, leaving them landless and dependent on male relatives. The Mahila
Kalyan Parishad, an organization advocating for women’s rights, has campaigned for equal
property rights, but progress has been slow. Women like Sangeeta and Seema have suffered due
to this law, unable to inherit property or obtain loans. Despite some legal victories, including a
High Court decision, the Supreme Court’s stay order has halted progress, leaving the outcome
uncertain for Kinnaur women’s struggle for property rights.

Sociology of land alienation of women

The sociology of land alienation of women refers to the study of how women are marginalized or
excluded from land ownership, control, and access. Land is a crucial resource that provides
economic, social, and cultural benefits, and the lack of access to land can perpetuate gender
inequalities and reinforce women’s subordinate position in society. Here are some key points and
perspectives related to the sociology of land alienation of women:

•  Historical Context: Women’s land rights have been limited throughout history in many
  societies. Traditional patriarchal systems often favored male inheritance and
  ownership of land, relegating women to subordinate roles. Colonialism and
  subsequent legal frameworks further entrenched gender disparities in land
  ownership, inheritance, and control.
• Property Rights and Laws: Property laws and inheritance systems play a significant
  role in land alienation. In some regions, laws may explicitly discriminate against
  women, denying them the right to own or inherit land. Even when legal frameworks
  exist to protect women’s land rights, they are often not effectively implemented or enforced, leaving women vulnerable to dispossession and displacement.
• Social Norms and Cultural Practices: Gender norms and cultural practices influence
  women’s access to and control over land. Societies that prioritize patrilineal kinship
  structures may exclude women from land ownership and control. Norms that view
  women as transient members of their natal families, with their primary role being that
  of a wife and mother, can further marginalize women’s land rights.
• Economic Implications: Land ownership and control have significant economic
  implications. Women who lack access to land face limited opportunities for economic
  empowerment, including reduced access to credit, agricultural resources, and income-generating activities. This can perpetuate poverty and limit women’s overall well-being.
• Power Dynamics: Gender power dynamics intersect with other forms of inequality,
  such as class, race, and ethnicity, shaping women’s experiences of land alienation.
  Women from marginalized communities, such as indigenous or rural women, often
  face compounded forms of discrimination and land dispossession.
• Collective Action and Empowerment: Women’s movements and grassroots
  organizations have played a vital role in challenging land alienation and advocating for
  women’s land rights. Through collective action, women can challenge discriminatory
  norms, push for legal reforms, and promote equitable land distribution and
  ownership.
• Addressing Land Alienation: Addressing land alienation requires comprehensive
  efforts at multiple levels. This includes legal reforms to ensure gender-equitable
  property rights, raising awareness about women’s land rights, promoting education
  and financial inclusion, and providing support for women’s collective action and
  empowerment.

It is important to note that the sociology of land alienation of women is a complex and
multifaceted field of study. The specific dynamics and experiences of women’s land alienation
can vary across different societies, cultures, and historical contexts. Scholars and activists
continue to explore and advocate for solutions to address this issue and promote gender equality
in land ownership and control.

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