This issue is somewhat sensitive in many families and people don't want to discuss it because of the possibility of tension it might create and also the possibility of spoiling relations, but I have been always curious about this issue. I am discussing this subject exclusively in the Indian context because I have seen this problem there, maybe it is also present in many other cultures but I am personally aware of this problem in India. Fight for equal rights for women is going on all over the world and India is no exception to this. Like everywhere else property rights of Indian women are unequal and unfair. A lot of improvements have been made on paper, some laws are also introduced to protect their rights but they are hardly followed. So, even on paper, the situation looks better but in reality, nothing has changed much. In India now at least by law daughters are legally eligible for an equal share in the ancestral property. However, many of them don't want to exercise this legal right, they worry about their family's reaction, society's reaction, and also about spoiling relationships, all these things make them very reluctant even to think about this important right given to them by law. Implementation of this law on the ground is still a very far-fetched dream.
Why daughters don't want their share? Why do they hesitate to claim it? What is stopping them? As far as sons are concerned they all think that it's their birthright to inherit ancestral property and they fight for it if they feel any injustice has been done to them but daughters hardly react if their share is not offered to them. Daughters don't bother to ask for it even if they are in financial difficulty and really need that share, they just think it's not their right, and even if this right is offered to them by the law it's not appropriate to exercise it. This is the effect of years of female suppression and brainwashing. No matter what rights the law is offering to them they are still hesitant to use most of those rights. To make things more complicated, there is a lot of confusion about women's property rights law and many people don't even know where to look for details. As Shruti Pandey (see link 3) said in her article there is no single body of property rights of Indian women, they get determined by which religion she follows, is she is married or unmarried, which part of the country she comes from, whether she is tribal or non-tribal, etc. All these factors along with a lack of awareness and desire result in many daughters not getting their share in ancestral property. This issue may sound very trivial but as far as women's independence and equality are concerned I think this is a very important matter.
I think the dowry system must have started to tackle the problem of offering shares to daughters in ancestral property, but this system itself became a big problem rather than solving the problem of equitable property distribution. The problem of dowry became so big that the government has to introduce a separate law to stop it, it's another issue that it's still practiced in some form all over India. Any girl asking for her share in the ancestral property is considered greedy and often faces the wrath of other family members (like brother and sister-in-law) who feel that she is unfairly trying to grab their share of the property. The feeling of guilt is also very strong in many girls' minds, most of them believe that the true heir to property has to be a male and hence it's not fair for daughters to ask for any share in ancestral property. The dowry system is not an answer to this problem, this system itself has created many troubles for women. The current system of dowry creates a lot of trouble for brides whenever their in-laws feel that they didn't get enough dowry and then demand more and torture the girl. Offering legal and proportional shares to daughters in ancestral property might be a better solution as this practice might help to remove the ambiguity associated with how much share a daughter can get. Often the dowry is demanded out of greed, so there is no limit on how much the other party (the groom's side) can demand, whereas a share in property is calculated as per law so there are fewer chances of unreasonable demands. This law would not stop all atrocities against brides but at least it would eliminate the social evil of dowry from their lives. But this needs a lot of courage and determination from daughters who normally hesitate to ask for their rights, and their families who don't bother to make sure that daughters get their share. Daughters need to prepare themselves for all the criticism and badmouthing, they need to believe that their rights are as important as their brother's rights. This will be a test of their patience, diplomatic skills, and courage, but in the end, this is their choice. After all, this is a question of their rights and no one can force them to do this if they don't want to, and the choice is entirely theirs.
I think the dowry system must have started to tackle the problem of offering shares to daughters in ancestral property, but this system itself became a big problem rather than solving the problem of equitable property distribution. The problem of dowry became so big that the government has to introduce a separate law to stop it, it's another issue that it's still practiced in some form all over India. Any girl asking for her share in the ancestral property is considered greedy and often faces the wrath of other family members (like brother and sister-in-law) who feel that she is unfairly trying to grab their share of the property. The feeling of guilt is also very strong in many girls' minds, most of them believe that the true heir to property has to be a male and hence it's not fair for daughters to ask for any share in ancestral property. The dowry system is not an answer to this problem, this system itself has created many troubles for women. The current system of dowry creates a lot of trouble for brides whenever their in-laws feel that they didn't get enough dowry and then demand more and torture the girl. Offering legal and proportional shares to daughters in ancestral property might be a better solution as this practice might help to remove the ambiguity associated with how much share a daughter can get. Often the dowry is demanded out of greed, so there is no limit on how much the other party (the groom's side) can demand, whereas a share in property is calculated as per law so there are fewer chances of unreasonable demands. This law would not stop all atrocities against brides but at least it would eliminate the social evil of dowry from their lives. But this needs a lot of courage and determination from daughters who normally hesitate to ask for their rights, and their families who don't bother to make sure that daughters get their share. Daughters need to prepare themselves for all the criticism and badmouthing, they need to believe that their rights are as important as their brother's rights. This will be a test of their patience, diplomatic skills, and courage, but in the end, this is their choice. After all, this is a question of their rights and no one can force them to do this if they don't want to, and the choice is entirely theirs.
Thanks for reading and please share your views about this topic.
Links:
1. Daughter's rights in new amendment
2. Daughter’s rights in ancestral property in India
3. Property rights of Indian women By Shruti Pandey
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