"I measure the progress of a community by the degree of progress which women
have achieved."
-
Dr. B.R. Ambedkar
Dr. B.R. Ambedkar, a social reformer, jurist, and the chief father of the Indian
Constitution, was a staunch advocate of equality, justice, and human rights.
While he is widely known for his efforts to eradicate caste-based
discrimination, his contributions toward gender equality, particularly in
securing property rights for women, are equally significant.
He worked unremittingly to ensure that women's rights were included in various
aspects of life. Ambedkar inspired women to advocate for social justice and
their rights through his speeches and ideas.
In a society where women were traditionally denied inheritance and ownership,
Ambedkar recognized that actual social progress could not be achieved without
empowering women economically and legally. Being India's first Law Minister, he
introduced the Hindu Code Bill, a bold and progressive move aimed at reforming
Hindu personal laws to grant women equal rights in property, marriage, and
inheritance. Though the bill faced severe resistance, Ambedkar's efforts marked
the beginning of a long journey toward the legal and social empowerment of women
in India.
His fight for women's property rights was not just a legal reform—it was a
decisive step toward reshaping Indian society into one that upholds dignity and
equality for women.
Dr. Babasaheb Ambedkar strongly advocated for women's economic independence and
social rights, dedicating significant efforts to ensure their empowerment and
equality in society. He emphasized the need to uphold women's dignity and honor
their modesty. He studied numerous Hindu Shastras and Smritis to understand the
reasons behind the poor treatment of women in India.
He began his activism in
1920 and condemn the Hindu social order and system through the prominent
publications like Muknayak and Bahishkrit Bharat in 1920 and 1927, respectively.
The "Muknayak and Bahishkrit Bharat" were two powerful tools of social awareness
and reform commence by Dr. B.R. Ambedkar to uplift and empower the marginalized,
especially the Dalit community in India.
The Muknayak means "the leader of the
mute" whereas Bahishkrit Bharat means "oppressed India". Muknayak was launched
in 1920 with the support of the Maharaja of Kolhapur, and the purpose was to
give a voice to the voiceless, especially the Dalits and women, who were
silenced by centuries of oppression.
It created awareness among the oppressed
communities and encouraged them to fight for their rights through education and
unity. The Bahishkrit Bharat was launched in 1927 to spread awareness among the
outcast communities. It plays a crucial role in mobilizing the Dalit community
and highlighting their issues in the public sphere.
Muknayak and Bahishkrit Bharat were pioneering efforts by Dr. Ambedkar to
challenge the social hierarchy and awaken the masses. They were not just
newspapers but movements in themselves—tools of revolution, education, and
empowerment.
The Hindu Code Bill, 1951
The Hindu Code Bill, introduced by the Babasaheb Ambedkar as law minister of Independent India, reveals his views on gender equality and more focused on the rights of property for women. This bill was the most controversial bill of that time. This bill is a declaration of women's rights. The bill confronted the androcentrism approach of society and gave men and women equal rights to property.
Although women were part of the Constituent Assembly, gender-related concerns were largely absent from the debates on the Hindu Code Bill until Dr. Ambedkar provided his perspective. Following over two decades of unproductive discussions, the Bill eventually acknowledged key rights for women, including the right to divorce, daughters' entitlement to inheritance, and widows' equal share in property. Additionally, outdated caste-based language was eliminated. The Bill later gave rise to several legislative acts, such as the Hindu Marriage Act of 1955, which remains a cornerstone for women's property rights today.
The Hindu code Bill was the most important bill to provide the rights of property for women's, daughter's right to inheritance and widow's rights to equal property ownership.
The bill was divided into four independent acts:
- The Hindu Marriage Act (1955)
- The Hindu Succession Act (1956)
- The Hindu Adoption and Maintenance Act (1956)
- The Hindu Minority and Guardianship Act (1956)
- The Hindu Succession Act, 1956
The Hindu Succession Act, 1956 which gave women the legal right to inherit family property. The act gives the comprehensive approach to deal with the rights of male and female in the property.
Section 14 provides a right to female in the property to be her absolute property:
- Any property, whether movable or immovable, acquired by a female Hindu by inheritance or devise or partition, possessed by a female Hindu, whether acquired before or after the commencement of this Act, shall be held by her as full owner thereof and not as a limited owner.
This section also provides the exception, which states that the provision of section 14 shall not apply to any property acquired by way of gift or under a will or any other instrument or a decree of court or order of court or any award in terms of gifts.
Section 15 further provides a general rule regarding the succession of a female Hindu. The female property shall devolve accordingly:
- Firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;
- Secondly, upon the heirs of the husband;
- Thirdly, upon the mother and father;
- Fourthly, upon the heirs of the father;
- Lastly, upon the heirs of the mother.
This section 15 also gives the exception of the general rule that:
- Any property passed down to a female Hindu from her father or mother shall be inherited, if there is no son or daughter of the deceased (including the offspring of any pre-deceased children), not by the other heirs mentioned in sub-section (1) in the order laid out, but by the heirs of the father.
- Furthermore, any property acquired by a female Hindu from her husband or father-in-law shall, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter), not be distributed to the other heirs mentioned in sub-section (1) in the specified order, but instead shall go to the heirs of the husband.
The Impact Of Ambedkar Struggle: Contemporary India
As we have seen that there is an immense impact of the struggle of Ambedkar in
contemporary India whether it's about property rights, educational rights,
social reform, or economic upliftment of women. As a result of this we got The
Hindu Succession Act, 1956, The Muslim Personal Law, The Dowry Prohibition Act,
1925, The Hindu Women's Right to Property Act, 1937, The Indian Succession Act,
1925, these acts by which women got rights in property and along with it women
also became empowered but even in present time women are deprived of their
rights. "The pressing question is whether Ambedkar's fight for women's property
right has borne the fruits he envisioned—or if we are yet to rise to the
challenge of fulfilling his legacy."
Conclusion:
Dr. B.R. Ambedkar was a visionary reformer who firmly believed in social justice
and equality. His fight for women's property rights was a
crucial part of his broader struggle against caste and gender discrimination. As
the chief architect of the Indian Constitution and the inaugural Law Minister of
independent India, Dr. Ambedkar played a key role in formulating the Hindu Code
Bill, which aimed to provide women with equal rights in areas such as
inheritance, property ownership, divorce, and marriage.
Although the bill faced strong opposition and was not fully passed during his
tenure, Ambedkar's efforts laid the foundation for future reforms. His
unwavering commitment challenged centuries of patriarchal norms and empowered
generations of women to seek justice and equality.
In essence, Ambedkar's legacy in championing women's property rights stands as a
testament to his belief in the transformative power of law and his vision for a
just and inclusive society.
Reference:
- Rajendra Pal Gautam, B R Ambedkar was instrumental in shaping legal
rights of women in India, Indian Express, (December 6, 2019 13:47), https://indianexpress.com/article/opinion/columns/a-time-to-remember-
ambedkar-women-legal-rights-indian-constitution-6152797
- Sunita Bangotra, Dr Ambedkar and His Contribution to Women's Rights in
India, Early Times, ( April 13, 2020 10:42 ), https://www.earlytimes.in/newsdet.aspx?q=289552
Written By:
- Priyanshu Pandey LL.B.(hons) VIIIth Semester
Email id- pandeypriyanshu157@gmail.com
- Saurabh Kumar LL.B.(hons) VIIIth Semester
Email id- saurabhkumarford@gmail.com
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