The story so far: National Commission for Women (NCW) held consultation on women's right to property and their access to social and economic justice. Idea is to ensure inclusive growth becomes sustainable. This is another step towards endorsing significance of women's empowerment. However, question remains: why have women not been empowered so far, and do we really understand meaning of empowerment? Is concept rooted in economics, or is it serious issue of internalised patriarchal attitude?
Distributive vs compensatory justice: Until now, women's empowerment remained confined to welfare schemes, reservation at different stages and protection against discrimination. This may constitute delivery of compensatory justice, but it is not sufficient if country intends to accelerate progress towards goal of Viksit Bharat@2047. We need to create environment in which delivery of distributive justice assumes significance over compensatory justice. Though Constitution provides for both forms of justice, it gives precedence to distributive justice to prevent need to compensate.
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Following this constitutional approach, concept of empowerment would be transformed from welfare measure into matter of right. As socialist principle, justice could be delivered through equitable distribution of resources according to requirements, ensuring equality among equals and access to resources needed for development and growth. This concept enshrined in Directive Principles under Articles 38 and 39, supported by Article 46. These provisions make state accountable to ensure distribution of resources and prevent concentration of means of production. Supreme Court in Air India Statutory Corporation v. United Labour Union (1996) held that Preamble and Articles 38, 39, 46 aim to establish egalitarian social order and distributive justice is foundational constitutional goal to restructure economic order. Further, apex court in Consumer Education and Research Centre v. Union of India (1995) emphasised that socio-economic and distributive justice are integral components of right to life and human dignity under Article 21.
Compensatory justice, on other hand, could be seen through different lenses. For instance, Articles 17 and 23 of Constitution deal with abolition of untouchability and human trafficking, begar and forced labour respectively, which are absolute rights to prohibit discriminatory exploitation of certain groups including women and children. In criminal law, statutory compensation for victims is provided under Section 396 of Bharatiya Nagarik Suraksha Sanhita.
Women's property rights: Right to property is fundamental human right, along with rights to life and liberty, hence acquired by all individuals irrespective of gender. Property is not merely asset; it also strengthens social status, bargaining power and person's capabilities. This is reason why Constitution, through Article 300-A gives guarantee that no person shall be deprived of his property except by authority of law. This provision available to both men and women equally. Idea is to ensure substantive equality leading to gender justice. Hindu Succession Act, 1956, and particularly its 2005 amendment, gave daughters equal coparcenary rights in Hindu joint family property. Endorsing this concept Supreme Court in Vineeta Sharma v. Rakesh Sharma (2020) made it clear that daughter is coparcener by birth and her right does not depend upon whether father was alive when amendment came into force.
On other hand, Hindu Marriage Act, 1955 and Special Marriage Act, 1954 in addition to laws relating to maintenance, and inheritance have progressively strengthened women's legal position regarding their right to property. However, despite these safeguards, women are not yet considered claimants to such rights, and gulf between requirements and reality remains wide. Patriarchal mindset biggest culprit. Other factors include social fabric not conducive for women in terms of rights, inadequate legal awareness among women and limited access to justice.
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Concept of women-led development: To establish substantive equality, development paradigm shift needed from viewing women as passive beneficiaries of welfare schemes to recognising them as drivers of social and cultural transformation. Property and inheritance records should be made gender sensitive, through digitisation of land records, simplified mutation procedures and automatic recording of women's shares, reducing dependence on intermediaries. Legal literacy among women must also improve through special campaigns involving Self-Help Groups, while effective access to free legal aid would enhance legal awareness. Finally, women who have excelled in any field should be given leadership roles to demonstrate that they can lead institutions as effectively as their male counterparts. Thus, shift from women-based to women-led development is not only necessary but should become new paradigm.
Tags: #NCW #WomenLedDevelopment #PropertyRights #GenderJustice #VineetaSharma #HinduSuccessionAct #DistributiveJustice #Article21 #ViksitBharat