Record Item Year: 2004

The Hindu Succession Act: One Law, Plural Identities

Abstract: A broad definition of law manifests itself in various ways: it legitimates certain visions of social order, it determines relations between individuals and groups, and it manipulates cultural understandings and discourses over various concepts of rights – and duties. In India, the Hindu Succession Rights Act (HSA) of 1956 allows the wife and daughters, along with the sons of the deceased senior male, to claim an equal share in familial property. By giving inheritance rights to daughters and widows, not only to sons, this Act proposes a radically different organization of the ideal household, commonly referred to as the […]

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Gender, Property Rights and Responsibility for Farming in Kerala

“This paper critically examines the claim that women in Kerala have substantial property rights arising out of agrarian and social reform and the practice of matriliny. It argues that land reform strengthened the patriarchal conjugal framework of property relations in the state, compromising women’s independent right to property. While agriculture is no longer considered a viable occupation in the state, greater male occupational mobility has shifted the balance of responsibility for farming and family property increasingly to women. However, this work is being under-reported, is not necessarily ‘visible’ and comes at the cost of paid employment. For some, social mobility […]

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The Recently Revised Marriage Law of China: The Promise and the Reality

Even though the recent revisions to the marriage laws have been hailed as some of the most significant and positive changes in family law in China, thus far no empirical evaluation of the laws’ effectiveness in actual practice has been conducted. The article raises some questions as to the practical effect these revisions will have on women’s rights. The article suggests recommendations that will help bring the marriage law in compliance with the international standards set out in the Convention on the Elimination of Discrimination Against Women, as well as helps deliver on the promise of the revisions to the […]

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