1

The Role of Women in Hindu Law: A

Historical and Contemporary
Perspective

a dissertation submitted to

MOHANLAL SUKHADIA UNIVERSITY

BY NAMRATA BILOCHI

FACULTY OF LAW MOHANLAL SUKHADIA UNIVERSITY UDAIPUR

Year of submission 2023 - 2024

 2

CERTIFICATE OF SUPERVISOR

This is to certify that this dissertation entitled THE ROLE OF

WOMEN IN HINDU LAW: HISTORICAL AND
CONTEMPORARY PERSPECTIVE submitted for the degree of
masters of law in mohanlal sukhadiya university, udaipur is a bonafide
research and work carried out by NAMRATA BILOCHI as student of
LLM 2nd sem 2023-2024 under my supervision & guidance and no part
of this dissertation has been submitted for any other degree. This
assistance and help received during the course of investigation has been
fully acknowledged.

Date - Submitted to
Place - Udaipur Dr. Bhavik Paneri Sir

UCL MLSU
 3

Acknowledgement
Teachers are like twinkling stars in the sky of knowledge who show you
the way of light in darkness through which you can make your future
brighter and happier. I am blessed with the kind of teachers who always
guided me whenever I needed and their support is irreplaceable in
completing this dissertation. Special thanks to DR. BHAVIK PANERI SIR
for his insightful feedback and mentorship.

With sincere thanks,

NAMRATA BILOCHI
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Table of contents

Page No. Chapters Index

1 Front Page

2 Certificate of supervisor

3 Acknowledgement

4-8 Table of contents

9 Introduction

10 Importance of research

11 Scope of Research

12 - 13 Hypothesis
Historical Perspective
Contemporary Perspective
Impact and challenges

14 - 15 Research Methodology

16 Sources of data collection

17 - 20 1 Introduction
Significance of studying the role of
women’s in role in hindu law
Objectives of women’s role in hindu law
 5

21 - 37 2 Ancient Evolution of Hindu

Law
Origins and development of Hindu law

Overview of
Manusmriti,Dharmashastra, and other
ancient texts

Legal status and roles of women in

ancient Hindu society

Roles of Women in Ancient Hindu Society

Examination of property rights, women’s

social status, marriage and inheritance
rights

Role of women in Mediaeval and Early

Modern Period

Evolution of women's legal status at the

time of mediaeval and early modern
period

Impact of Social Norms and Customs on

Women's Legal Right

Role of women in religious and social

context.
 6

38 - 46 3 Reform Motions and Changes

In Law
Role of women in Colonial Era and
Reform Movements

Role of Women in Social Reform

Movements

Influence of British colonist rule on

Hindu Law

Societal law reforms which targets

women's rights under hindu law

After Independence Law Reforms for

womens in hindu law

Protection of Women from Domestic

Violence Act, 2005.

47 - 55 4 Contemporary legal
framework
Current Status of Women under Hindu
Law

Comparative analysis of Hindu law with

other personal laws in India

Marriage and Divorce

Inheritance and Property Rights

 7

Maintenance and Alimony

Guardianship and adoption

Impact of Globalization and

Urbanization on hindu law

Economic empowerment and its influence

on women's legal status

56 - 65 5 Socio-Cultural Factors
Affecting Women's Legal
Status
Socio-cultural factors affecting women’s
legal position in hindu law

Patriarchal Norms and Religious

Influences on women’s legal position in
hindu law

Influence of patriarchal ideologies on

legal interpretations on women’s rights
in hindu law

Role of religion and religious

organisations in shaping gender roles in
hindu society within hindu law

Societal attitudes towards women's

rights in Hindu communities

66 - 67 Conclusion
 8

68 Suggestions

69 - 76 References
 9

INTRODUCTION TO RESEARCH

Research is a roadmap that states why a study is important and on which

points it is focusing. Research describes the topic and why the research is
being done by the researcher. What is the problematic arena and on what
questions the researcher is conducting research.It states that what topic
will be covered under research.It also explains why the research is
important and what is the significance of the research, what is the scope
of the research.
 10

IMPORTANCE OF RESEARCH

Research plays a significant role in increasing knowledge and gives

clarity to facts by proving that which ideology is correct and which is
false. Research solves problems and does innovations in various areas
and Research is important for increasing knowledge, solving
problems, and driving innovation across various fields. It strengthens
understanding and knowledge of society and addresses the struggles
which society is facing and authenticates new ideas by precise
investigation by the researcher. Research supports decision making,
education, development and economic, intellectual and cultural growth.
 11

SCOPE OF RESEARCH

Scope of research highlights its limitations, merits and demerits,

advantages and disadvantages, rules and regulations, ect. Scope of
research gives researcher a clear view about what will be inquired in
particular topic basically it clarifies that what will be included and
what will be excluded.It includes objectives and hypothesis, who are the
targeted population, what is geographical limit,Clearer the
scope,clearer the focus,usefulness and relevance of the research will be.
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HYPOTHESIS

Historical Perspective

A) How the position and rights of women in family and social

framework has been shaped by ancient clarification?

B) By which traditional limitations by and social norms which

imposed restrictions on women's freedom and rights in Hindu society?

C) How was the legal structure of some parts of hindu law such as
inheritance,marriage and property rights of women controlled by
religious texts,scriptures and cultural practices in history and
middle-age?

Contemporary Perspective

A) To what extent has the present legal system evolved hindu law
and what is the contribution of that evolution to strengthen
Women's rights and equality in modern India?

B) To improve ancient inequalities and women's position under

hindu law mention those current legal provisions and legislative steps
which are taken in this regard?

C) How do the execution of laws made by the legislature regarding

gender equality and policies which influence hindu women in present
time are controlled by the social changes and advancing cultural
attitudes?
 13

Impact and Challenges

A) What societal and traditional challenges obstruct the complete

understanding of women's rights as imagined by recent legal
reforms in Hindu law?

B) How do traditional clarifications of religious scriptures continue

to the modern legal viewpoint on women's rights in Hindu
society?

C) What role does education, financial empowerment, and support

play in advancing gender equality and women's rights within
Hindu legal factors?
 14

RESEARCH METHODOLOGY

Research methodology is like following a way to solve questions and

find answers of those questions and a method through which
researchers do their work, research methodology describes methods of
research in which researchers collect information about their topic,
analyse it, and make sure that it's trustworthy,so that correct
information can be shared with others.

Definition :-

"Research methodology is the organised process researchers use to

plan, conduct, and examine their study to answer questions and solve
problems."

- Wayne W. Crouch

Types of research methodology :-

1 Doctrinal Research

2 Non-doctrinal Research

1. Doctrinal Research - Doctrinal research focuses on

understanding the organisation of law,how they have evolved
over the time and what is the applicability of these laws in real
and practical situations through analysis of written sources like
judgements of case laws,legal texts and statutes.

There are two main types:

Descriptive Doctrinal Research: Descriptive doctrinal

research does not give judgements or interpretations but describe
and conclude existing laws and legal principles.
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Analytical Doctrinal Research: Analytical doctrinal

research analysis and gives interpretation to rules of law and
principles, so that conclusions or recommendations can be made
on the basis of legal reasoning

2. Non-doctrinal Research - Non-doctrinal research reads

theories,ancient texts, historical scriptures,comparative analysis,
surveys and application of law in day to day life and what is the
impact of those to the society, what has evolved in society because
of that law.
 16

SOURCES OF DATA COLLECTION

The next step is to research the method of Data Collection. Data

Collection is the process of obtaining vulnerable information for the
purpose of research. It is primary and secondary primary deals with
the first and information and secondary are collected indirectly
through books ect. and exclusive research was done on primary source
by questionnaire, personal interviews, discussion, secondary source,
books, newspaper, internet searches and articles a comprehensive
bibliography and webliography is provided at the end of the project.
 17

THE ROLE OF WOMEN IN HINDU

LAW: HISTORICAL AND
CONTEMPORARY PERSPECTIVE

Chapter - 1

Introduction

Women’s role in Hindu law has been crucially evolved over centuries.
This change involves lots of struggles and challenges faced by Hindu
women in hindu society within hindu law. This change is interplay of
ancient texts and scriptures, law reform, social practices and correct
legal and religious interpretation.

In ancient times hindu women under hindu society were intensely

controlled by patriarchal norms. Domestic and societal guidelines are
also governed by these norms and traditions. Ancient texts and
scriptures such as the Manusmriti and Dharmashastras which defined
roles, rights and duties of women in domestic sphere and these texts
always represented women as a person who is dependent on someone,
who is restricted, wh0 is not able to claim their rights, who has very
limited freedom and authority.

However, there are proofs which shows that in ancient times women
being worshipped as a goddesses such as lakshmi, saraswati and durga
where they were worshipped to praise feminine power, education and
women being prosperity but in actual life they don’t want women to get
educated and powerful. They don’t consider women as prosperity. Even
them as well.
 18

In the colonist era, British rule established legal reforms that seek to
modernize Hindu law, addressing issues like child marriage, widow
remarriage, and women's property rights. The Hindu Widow
Remarriage Act of 1856 and the Hindu Women's Rights to Property Act
of 1937 were crucial in challenging discriminating practices and
strengthening women's legal position.

Before independence, India's legal system went through further

reforms focused on social justice and gender equality. The Hindu
Succession Act of 1956 was a turning legislation that gives daughters
equal inheritance rights in ancestral property, marking an important
withdrawal from traditional norms.

Modern viewpoints on the role of women in Hindu law continue to

change amidst continuing debates and reforms. Issues such as
gender-based brutality, approach to education and healthcare,
portrayal in religious organisations, and the interpretation of religious
texts in relation to women's rights carry on areas of disputes and
reform.

In interpretation, the study of the role of women in Hindu law disclosed

a vital interaction between legal reform, societal change and tradition.
Understanding both ancient precedents and modern challenges is
important to proceed justice and gender equality within the outline of
Hindu legal and social norms.

Significance of studying the role of women’s in

role in hindu law
Understanding women’s role in hindu law is significant for various
reasons:-

Understanding societal Norms

Social norms spreads awareness about contemporary and historical
perspectives that gives shape to gender roles and relations with hindu
society
 19

Law Reform
From ancient texts and scriptures to modern legislations legal reforms
highlight the evolution of most impacted laws which affected women's
rights and encouraged gender equality.

Communal Justice
It refers to parity and struggles faced by women in fields such as
marriage, property rights, inheritance, and acquisition of justice.

Interplay of Religion and Law

Interplay of religion and law analysis the way in which religious
scriptures, texts and traditions influence interpretation of law and
societal practices in relation to women.

Modern significance
Modern significance institutes discussions on problems which people
have started thinking about such as gender impartiality, domestic
violence, women empowerment.

Strategy and support

It informs strategy makers, professors, and activists supporting
reforms that encourage women's rights and assist social justice.

Altogether, studying the role of women in Hindu law gives a wide

understanding of gender dynamics, legal structure, and the pursuit of
equality in various traditional circumstances.

Objectives of women’s role in hindu law

"The Role of Women in Hindu Law: Historical and Contemporary
Perspective" includes:

Historical Knowledge
To analyse how women's roles and rights have changed within Hindu
legal structure in time, discover changes from historical texts (such as
 20

manusmriti) to colonist - age legislation and contemporary law

reforms.

Analysis of Law
Hindu law grants rights and positions to hindu women which are
critically analysed such as marriage, inheritance, property rights, and
other domestic rights

Social influence
Hindu legal concepts and practices have influenced and shaped
women’s social position, empowerment, and rights within Hindu
society.

Comparison and disparity

To differentiate the cultural roles and rights of women as direct by
Hindu texts and scriptures with the modern law reforms and
descriptions, focusing on societal viewpoints and preservation of law

Gender Justice support

To point out fields where gender unfairness and inequalities continues
within Hindu legal structure and to support reforms that encourage
justice, gender equality and women's empowerment.

Policy suggestions
To propose policy suggestions and law reforms focused at encouraging
women's rights, freedom, and access to justice within the structure of
Hindu personal laws, line up principles of constitutional fairness and
human rights.

These objectives jointly focus to provide an all inclusive understanding

of the ancient contexts, modern struggles, and possible ways towards
encouraging the role and rights of women within Hindu law traditions.
 21

Chapter - 2

Ancient Evolution of Hindu Law

Origins and development of Hindu law

https://en.wikipedia.org/wiki/Hindu_texts

Origins in Ancient Texts

Hindu law arises from the vedas, smritis, manusmriti and
dharmashastras and religious tasks, social norms, and legal
regulations are controlled by the rules created by them.

Development in Early Periods

Prior evolution includes the interpretation and indexing of legal
principles by historical jurists and professors, moulding the application
of dharma in jurisdiction and private conduct.
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Influence of Dharmasastras
Dharmasastras, specially Manusmriti, supplied primary legal texts
that arrange rules regarding to marriage, inheritance, property rights,
and social conduct, changing Hindu legal practices for years

Colonist age and Classification

At the time of British colonist rule, Hindu law had gone through
indexing and reform under British command, leading to legislative acts
like the Hindu Law Acts of the 19th and 20th centuries.

After Independence Reforms

After independence. India saw more reforms focused on contemporary
Hindu law, such as the Hindu Marriage Act (1955) and the Hindu
Succession Act (1956), which addressed problems of gender
impartiality and inheritance rights.

2. Overview of
Manusmriti,Dharmashastra, and
other ancient texts
 23

https://www.indica.today/long-reads/place-of-dharmashastras-in-hindu-worldview/

Hindu law discovers its sources in several historical texts that are
considered commanding in cases of dharma (righteousness or duty),
ethics, and jurisprudence. Here are the primary sources:

1. Manusmriti (Laws of Manu)

Manusmriti is one of the oldest and most popular texts on Hindu law
and dharma.

It provides rules on social and moral behaviour, duties of various

varnas (castes), punishments for offences, and principles of justice.

Manusmriti is traditionally connected with the sage Manu and is

considered a primary text to understand Hindu legal principles.

2. Dharmashastra
Dharmashastra texts all together form a genre of historical Indian law
and ethical texts.

In this works like Yajnavalkya Smriti, Narada Smriti, and others, each
authored by different sages and scholars are included.

These texts cover a large range of subjects including personal laws,

duties of individuals and communities, administration of justice, rituals
and inheritance.

3. Arthashastra
Despite being primarily a treatise on statecraft and governance
authored by Chanakya (Kautilya), the Arthashastra also has legal
principles and rules.

It discusses affairs of law enforcement, judicial procedures, and

punishments, and offers insights of historical Indian legal belief.
 24

4. Puranas
While firstly mythological and religious in nature, certain Puranas
have sections that discuss legal matters, specifically those connected to
rituals, customs, and ethical conduct.

They provide insights into how social norms and religious duties were
recognized and practised.

5. Ancient and historical texts

Legal and ethical principles indirectly controlled by historical and
ancient texts and scriptures because of their importance on religious
duties and moral behaviour.

The Upanishads, philosophical texts, discuss spiritual ideals and moral

values that advocate hindu ideology, viewpoint and morality because it
is rooted in depth of the vedas.

6. Importance and Authority

All together all the historical texts and ancient scriptures created a base
of Hindu jurisprudence and education on rituals, moral behaviour,
personal and social duties and legal principles which continue to evolve
practices and legal interpretations of contemporary hindu especially
matters regarding inheritance, religious customs and rituals and
family law.
 25

3. Legal status and roles of women in

ancient Hindu society
1. Legal Status of Women in Ancient Hindu
Society

https://www.hinduismtoday.com/magazine/january-february-march-2015/2015-01-culture-womena8099s-st
atus-in-ancient-india/

This picture shows position of ancient indian women at that time they are majorly involved
in household chores only and they have very weak legal position.This is the main work
assigned to them by male members of the family

1. Dharmashastras
Ancient and historical texts and scriptures such as manusmriti
established patriarchal norms where women should be under the
control of male members or male guardians of the family.

2. Property Rights
In ancient times the majority of women didn't have inheritance rights
and if they have the rights the authority was very limited these
 26

women’s only daughters are included property rights depends upon

marital position.Married women don’t have free authority over
inherited property

3. Sati and Widows

Sati pratha which was practised in India in ancient times highlights
how people had unrealistic expectations from widow’s at that time.

4. Roles of Women in Ancient Hindu

Society

https://www.linkedin.com/pulse/unveiling-legacy-pivotal-role-women-ancient-indian-sriva
stava-69faf

This picture shows that women’s always considered as the main caretakers of the house
whose work is to do upbringing of the child and preserving family cultures.

1. Domestic Duties
In old Hindu Society, primarily women are engaged in household
chores, upbringing children and advocating family customs.
 27

2. Religious involvement
In ancient times women spent a major part of their life engaged in
household chores, managing temples within the domestic area.

5. Examination of property rights,

women’s social status, marriage and
inheritance rights

https://www.legesjurisassociates.com/rights-of-married-women/

Marriage
Marriage in old Hindu society was controlled by religious texts and
cultural norms, with particular rules and roles for both husbands and
wives.
 28

Marital Norms
Marriage was arranged by parents or guardians in the same caste or
varna. The Manusmriti and other Dharmashastras give guidelines and
norms for marriage, mentioning the specific liabilities and
responsibilities of husbands and wives.

Polygamy and Monogamy

Polygamy was allowed and famous particularly between kings and
wealthy peoples, although monogamy was also practised between
commoners.

Property Rights
Property rights for women in old and historical Hindu society were
seriously changed by their marital status and regional customs.

Inheritance Laws
Women could inherit property, but their authority over it was limited,
particularly after marriage. The Manusmriti and other
Dharmashastras talk about inheritance laws and property rights
regarding women.

Caste and Social Roles

At that time social roles were divided by seeing their castes, so women's
roles and their social statuses were significantly changed by their caste.

Conclusion
Ancient texts such as manusmritis, dharmshastras, arthshastras,
vedas, puranas provides trustworthy information regarding the roles
and legal position of ancient india through the analysis of marriage,
property rights, inheritance and societal status of women’s of ancient
india discloses a struggle and interplay between religious texts and
scriptures, customs and rituals and cultures and traditional practices.
 29

6. Role of women in Mediaeval and

Early Modern Period

https://www.reddit.com/r/IndiaSpeaks/comments/1b13onz/this_time_i_created_ai_ima
ges_of_some_of_the/?rdt=48769

a) Mediaeval age (5th to 15th century)

1. Effects of Colonisation
European powers and colonial rule was established in the early modern
period but there was a benefit for women that colonial rule abolished
some malpractices and strengthened women’s rights in india.

2. Role of women in Mughal Courts

Some royal and rich women get qualified due to their influential role in
culture, administration and court politics.
 30

3. Social Reform Movements

In the early modern period there was the starting of social reforms
movements which focused on improving the position of women in
society.

b) Early contemporary age (16th to 18th

century)
1. Effects of Colonisation
European powers and colonial rule was established in the early modern
period but there was a benefit for women that colonial rule abolished
some malpractices and strengthened women’s rights in india.

2. Role of women in Mughal Courts

Some royal and rich women get qualified due to their influential role in
culture, administration and court politics.

3. Social Reform Movements

In the early modern period there was the starting of social reforms
movements which focused on improving the position of women in
society.
 31

7. Evolution of women's legal status at

the time of mediaeval and early
modern period

https://blog.ipleaders.in/journey-of-indian-women-oppression-since-ancient-days-till-the
-present-day/

This picture shows struggles faced by womens

Customary Laws and Practices

In starting, Legal position and rights of women were controlled by
traditional laws which are specific to different regions and
communities. These laws often validate patriarchal norms and limit
women's freedom

Property Rights
Women's property rights differed across various regions and
communities.Women had the right to inherit but only in some cases and
their rights are limited as compared to males of the society. But widows
faced so many challenges in keeping property after the death of their
husbands.
 32

Legal Protections
Women from rich and wealthy families had resources for legal
protection and had a strong support system compared to poor women
whose access to legal protection is very limited because of their
dependency on males.

b) Early Modern Period (16th to 18th century)

Colonial Interventions
British colonial rule imposed English law and a new legal structure
which highlighted customs and cultures and controlled legal rights and
position of Indian women at that time.

Legal Reforms
In the early modern period, there were occasional attempts at law
reforms focused at enhancing women's rights. Social reform motions,
such as those led by Raja Ram Mohan Roy, supported legislative
evolutions to remove practices like Sati and encourage widow
remarriage.

Impact on Personal Laws

British rule established some personal laws such as marriage, divorce,
inheritance. In these laws there was a reflection of gender based
disparity but also introduced ways for legal protection of women.
 33

8. Impact of Social Norms and

Customs on Women's Legal Right

Patriarchal Structures
Women’s freedom has been always restricted by norms, rules and
regulations made by the male dominant society.As per them women
should always be restricted in their decided boundaries and dependent
for each and everything on them only.

Marriage and Family Law

Some traditions disadvantaged women in marital affairs and inherited
rights Traditions like dowry systems and restriction on remarriage of
widows give shape to the legal rights of women.

Religious and Cultural Influences

Descriptions of religious texts and traditional practices established
gendered roles, controlling laws concerning marriage, divorce and
inheritance
 34

1. Access to Justice
Dishonour and discrimination obstruct women's way to legal
protections, specifically affecting those from lower societal status.

2. Cumulative Effect
These patriarchal norms and traditions restrict women to claim
rights and safeguards which are given to them by law because
these norms create gender disparity.

9. Role of women in religious and

social contexts
Role of Women in Religious Contexts
Hinduism

https://www.twinkl.co.in/parenting-wiki/hinduism

In Hinduism, women within hindu society have always had been

restricted to claim their rights and stopped to take authoritative roles.
Even after they played an most significant role in ancient time as
goddesses. In modern times also people do pooja of devi in temples but
they abuse and do violence with their wife at home.
 35

Islam

https://stock.adobe.com/in/search/images?k=islam&asset_id=204587456

Islamic cultures differ largely, but women have ancientally played roles
as scholars, teachers, and spiritual guides. Although, interpretations
and traditional practices have imposed restrictions on their public
roles.

Christianity

https://salexzet.live/product_details/17785039.html

In Christianity, women have performed duties as holy beings, prophets,

and leaders in dutiful groups. However, organisational practices have
restricted their roles in priests and decision-making status.
 36

Buddhism

https://hinessight.blogs.com/.a/6a00d83451c0aa69e2022ad39a725b200c-popup

Buddhist cultures have seen women as nuns, educators, and

practitioners. Ancient and traditional factors have changed their way
to authoritative roles and acknowledgement.

b) Role of Women in Social Perspective

1. Mediaeval Period
In the mediaeval period the role of women in patriarchal structure was
described by their monetary contributions, domestic obligations, and
marital status.

Early Contemporary Age

 37

Early modern societies saw movement due to colonialism, reform

motions, and evolving economic roles for women, changing their
societal position and opportunities.

Colonial Influence

Colonial strategies and enactments established cultural gender norms

while also establishing new struggles and chances for women in
education and employment.
 38

Chapter - 3

Reform Motions and Changes In Law

1. Role of women in Colonial Era and Reform

Movements

Women’s role in colonial era under hindu law

Colonist Law Arbitration

Rules established by British colonialism which were moulded by
European legal theories show inequalities in patriarchal norms in laws
on marriage,inheritance, property, etc.

Impact on women's Rights

Law reforms established by britishers focused on creating laws that
protect women’s rights while showing malpractices of that time such as
sati pratha and child marriage.
 39

Role of Women in Social Reform Movements

Social Reform Movements

Hindu women’s significantly involved in societal reform movements
against malpractices such as sati pratha, child marriage and widow
remarriage.

Legal support and its influence

Supporters encouraged women’s rights in hindu law which influenced
debates and started legislative changes.

Overall Impact and Inheritance

Womens of hindu society participated in discussions regarding laws
and reform movements against patriarchal norms and sought
enhancement of legal rights and societal positions of women.

Conclusion of this topic highlights how the colonial era created laws
that protected women’s rights and stopped malpractices of that time.

2. Influence of British colonist rule on Hindu

Law

https://microform.digital/boa/series/16/india-under-colonial-rule-1752-1933
 40

Through legislative arbitrations and judicial interpretations primarily,

hindu law was intensely influenced by British rule.Here are some
important points which shows impact of british rule on hindu law:-

Codification of Hindu Law

Through codification of hindu laws britishers did lots of efforts to
modernise legal practices and to bring consistency across india.

Introduction of English Legal Concepts

Establishment of English legal concepts created conflicts between new
hindu laws and ancient hindu laws.

Removal of Certain Practices

After the entrance of Britishers in India they abolished certain ancient
malpractices which are practices against women under hindu law at
that time such as sati pratha which was considered brutal and inhuman
as per them.

3. Establishment of Judicial Precedents and

courts
Britishers established courts in India so that easy application and
execution of law can be done.

Impact on Rights of inheritance

Laws made under colonial rule have created an impact on so many
laws but regarding to hindu law it created a lot of impact especially in
matters of ownership and inheritance.

Modernization and Reform

The British established reforms focused at rationalising Hindu Law to
line up with modern legal and societal standards.

– Overall, British colonist rule crucially moulded the change of

Hindu Law through codification, introduction of English legal ideas,
 41

judicial precedents, removal of practices, and efforts toward

modernization and reform. These changes continue to rectify in the
legal structure controlling Hindu personal laws in India at present.

4. Societal law reforms which targets women's

rights under hindu law

https://strictlylegal.in/history-of-social-reform-movements-in-india/#google_vignette

Equal Pay Legislation

Majority of countries focus on abolishing gender based inequalities in
wages by sanctioned laws on equal pay legislations.

Maternity and Paternity Leave

Policies for paid maternity leave have been executed around the world
by the Governments and institutions to support women and encourage
gender equality.
 42

Legal Protections Against Domestic Violence

In India, the Protection of Women from Domestic Violence Act, 2005,
has been passed to protect women from domestic violence and
safeguard their rights.

5. After Independence Law Reforms for

womens in hindu law

http://www.xaam.in/2015/12/indian-women-since-independence-post.html

Rights of women are crucially impacted by the law reforms after

independence.Some important reforms which significantly evolve hindu
law mentioned below:-

Hindu Succession Act, 1956

Hindu succession act, 1956 makes so many changes and helps in
changing the thinking of male members and gives women their right
and authority in property.

Hindu Marriage Act, 1955

Hindu marriage act, 1955 created so many evolutions by abolishing
polygamy and made laws regarding monogame, divorce, marriage,
etc. which safeguards rights of women.
 43

6. Protection of Women from Domestic Violence

Act, 2005
This act made laws for every woman who is the citizen of India
irrespective of her religion.This law gives women protection against
domestic violence.

Dowry Prohibition Act, 1961

By sanction of dowry prohibition act, 1961 government focused on
abolishing malpractice of dowry. This act prohibits people from taking
and giving dowry in marriages and has heavy punishments for the
same.

The Hindu Adoption and Maintenance Act, 1956

The Hindu Adoption and Maintenance Act, 1956 established laws for
the adoption of children and maintenance of wife and children and
dependent family under hindu law.

These legal reforms crucially evolved the hindu society as it helped so

many women getting their rights and helped in making them
empowered.

7. Analysis of landmark legal cases which re

defined women's rights under Hindu Law
Mohammed Ahmed Khan v. Shah Bano Begum
(1985)
Case Summary
Shah Bano Begum, who is a Muslim woman, sought maintenance from
her husband after the divorce. The case revolved around the
interpretation of Section 125 of the Criminal Procedure Code, which
says that wives, children and parents should get maintained who are
dependent and not able to maintain themselves.

Judgement
 44

The Supreme Court held that women under muslim law are entitled to
get maintenance after the divorce other than the iddat.The supreme
court highlights that section 125 is applicable and available for all
women’s irrespective of their religion.

Impact
Discussions started in the nation about the right to maintenance of
muslim women after the judgement of the case. This judgement created
a good impact that after that government sanctioned the act for the
protection of rights on divorce of muslim women named (Protection of
Rights on Divorce) Act, 1986

2. Githa Hariharan v. Reserve Bank of India

(1999)
Case Summary
Githa Hariharan, a Hindu mother, challenged the Guardians and
Wards Act, 1890, which specified that fathers were the natural
guardians of minor children. She proclaimed that the provision
contravene the constitutional principle of equality.

Judgement
The Supreme Court said that both parents, irrespective of gender, are
natural guardians of their minor children. The court nullifies the
discriminatory provisions of the guardians and wards which ensures
that mothers and fathers should get equal parental rights.

Impact
The decision makes a crucial evolution which focuses on gender
equality in parents rights under hindu law and makes certain
amendments in laws regarding guardianship.
 45

3. Danial Latifi v. Union of India (2001)

Case Summary
Danial Latifi puts a question in front of the court that is muslim women
are entitled to maintenance under laws which are secular. A woman of
any religion can demand maintenance from her husband after divorce
under section 125 of criminal procedure code.

Judgement
In this case the supreme court again re-defined the judgement of Shah
Bano Begum case and highlighted the applicability of the section 125 of
criminal procedure code on every woman who is the citizen of India
irrespective of her religion.

Impact
The case underlined the interplay of personal laws and constitutional
rights, establishing the rights of Muslim women to seek maintenance
under secular legislation.

4. Vineeta Sharma v. Rakesh Sharma (2020)

Case Summary
Case challenged the hindu succession acts’s legal interpretation by
Vineeta Sharma, who is a Hindu daughter, on a question whether
daughters have equal co-ownership rights in inherited property as
sons.

Judgement
Daughters are authorised by birth and have equal co-ownership rights
and equal shares in ancestral property. The court re defined prior
interpretation and supports both male and female heirs and promotes
gender equality in rights of inheritance under hindu law.
 46

Impact
This judgement given by the court highlights a significant evolution
regarding gender equality in inheritance rights which encourages
daughters by giving them equal rights in inherited property.

5. Shayara Bano v. Union of India (2017)

Case Summary
This case challenged the constitutional validity of triple talaq under
muslim personal law by Shayara Bano, a Muslim woman, arguing that
it violated women’s rights to equality and grace.

Judgement
It was declared by a Supreme Court that triple talaq is unconstitutional
and calls it arbitrary and discriminatory. The court highlights that
personal laws must abide by constitutional principles, including gender
parity and dignity highlighted by the supreme court.

Impact
The judgement passed by supreme court safeguards legal rights of
muslim women against one sided divorce.
 47

Chapter - 4

Contemporary Legal Framework

1. Current Status of Women under Hindu Law

Hindu Succession Act, 1956
Succession, Inheritance and property rights under hindu law within
hindu society regulated by hindu succession act, 1956 which was
amended in 2005, which gives women’s equal inheritance rights in
ancestral property.

Marriage Laws
The Hindu Marriage Act, 1955, and continuing amendments controls
Hindu marriages, providing women rights such as divorce,
maintenance, and inheritance.

Hindu Adoption and Maintenance Act, 1956

This Act provides rules for adoption and maintenance rights for Hindu
women and children.

Domestic Violence
The Protection of Women from Domestic Violence Act, 2005, offers civil
remedies to women facing domestic violence, not concerning religion.
This Act can be referred for details on legal safeguards provided under
domestic violence laws in India.

Personal Laws
Hindu personal laws cover many aspects of family law, including
marriage, divorce, maintenance, and inheritance. Particular provisions
 48

and recent judicial interpretations can be found in legal analysis on

Hindu law, case laws from Indian courts, and researched articles.

2. Challenges and gaps in implementation of

hindu laws
Education and Awareness
In Rural areas Hindu women under Hindu Society are not aware about
their rights. This lack of awareness creates hindrance in their
capability to claim their rights and safeguards.

Cultural and Social Barriers

Patriarchal norms, traditions, cultures and rituals which are anciently
established by historical texts and scriptures which weakens the
courage of women, stops them from getting educated and treats them
unequally.

Judicial Backlogs
Overloaded courts and judicial delays are crucial hindrances in the
effective implementation of Hindu laws. Cases related to women's
rights, including property disputes and domestic violence cases, often
face long term delays, rejecting well timed justice to women.

Financial Dependence
Financial dependency on male family members can restrict women's
capability to claim their legal rights, especially in matters of
inheritance and ownership of property. Lack of independent financial
resources often leaves women unprotected to domestic influence and
exploitation.

3. comparative analysis of Hindu law with

other personal laws in India
1. Marriage and Divorce
 49

Hindu Law
Hindu marriage under hindu law governed by Hindu Marriage Act,
1955 abolished monogamy and gives grounds divorce, maintenance
and property rights after divorce.

Muslim Law
Controlled by personal laws extracted from Sharia, authorising
polygamy under some particular conditions and providing methods of
divorce such as talaq, khula, and judicial divorce.

Christian Law
Marriages under christian community of India controlled by the Indian
Christian Marriage Act, 1872, marriages are governed by this act. This
act gives grounds for divorce, maintenance, adoption and custody.

2. Inheritance and Property Rights

Hindu Law
Inheritance and property rights controlled by the Hindu Succession Act,
1956 (amended in 2005), which gives daughter equal rights as son in
inherited property of ancestors.

Muslim Law
Controlled by Sharia principles, which describe inheritance shares
based on relationships and gender. Sons generally inherit double the
share of daughters.

Christian Law
Under christian law matters which are related to inheritance and
succession governed by Indian Succession Act, 1925. This act is
applicable on the whole christian community who are citizens of India.

3. Maintenance and Alimony

 50

Hindu Law
Under Hindu law matters related to maintenance and adoption are
governed by Hindu Adoption and Maintenance Act, 1956. This act talks
about how husbands should maintain their wife, parents and children
when they are unable to maintain themselves.

Muslim Law
Maintenance (nafaqah) is an essential right of wives under Sharia,
bounding husbands to give economic support.

Christian Law
Administered by the Indian Divorce Act, 1869, which assures
maintenance and alimony for partners after the divorce based on their
economic needs and capacities.

4. Guardianship and Adoption

Hindu Law
Administered by the Hindu Minority and Guardianship Act, 1956,
which gives mothers equal rights as natural guardians of their children
(Section 6).

Muslim Law
Guardianship principles are based on Sharia, with the father normally
being the natural guardian, followed by other male relatives.

Christian Law
Administered by the Guardians and Wards Act, 1890, which regulates
guardianship of minors and adoption procedures among Christians.

5. Impact of Globalization and Urbanization on

hindu law
 51

Through the analysis done on various aspects and case studies by the
scholarly people impact of urbanisation and globalisation on Hindu
law can be understood.Here are some following points:-

Legal Reforms
Urbanisation and globalisation have aligned law reforms regarding
hindu personal laws which address issues such as divorce,
marriage,inheritance and gender equality with global guidelines and
contemporary societal norms.

Gender Dynamics
World wide development causes changes in urban Hindu societies,
which encourages gender equality and women's rights within Hindu
family laws.

Cross - religion Interplay

Hindu law intersects with the laws of other religions which influence
practices related to adoption, succession, marriage and these legal
conversions involve increased globalisation.

Financial Factors
Development played a significant role in evolving the decisions
regarding property and inheritance within hindu families.

Legal diversity
Legal diversity has been encouraged in urban areas which plays a
significant role in overall development, where secular laws and global
norms interplay with principles of law which give a combination of
interpretations and legal principles.

6. Changing roles and rights of women in

urban vs. rural contexts
The roles and rights of women in Hindu law have changed crucially
over time, influencing both social evolutions and law reforms.
 52

However, there are well defined differences between urban and rural
circumstances in how these evolutions are visible.

Urban Context

https://commons.wikimedia.org/wiki/File:Culture_Sights_Mumbai_City_India_Urban_Skyline.jpg

Legal Reforms
There is always an easy adaptation of law reforms by the women of
urban areas seen in developed areas because they have easy access to
education and legal resources.Women of urban areas have more
awareness than womens of rural areas.

Achievement Of Qualification
Women in developed areas normally have good access to qualification,
which supports them to recognise and claim their legal rights.

This qualification leads to involvement in decisions regarding property,

marriage, and family matters.

Changing Social Norms

Development tends to encourage more progress towards gender roles
and parity.
 53

Women in urban areas are more likely to struggle with cultural

patriarchal norms and sought legal utilisation in matters of
discrimination or denial of rights.

Rural Context

https://www.vecteezy.com/free-photos/indian-village-scene

Cultural Practices
Village areas often attached more rigidly to customs and practices,
which may limit women’s autonomy and rights.

Practices like dowry, child marriage, and restrictions on inheritance

still persist in many rural communities despite legal prohibitions.

Access to Legal Information

Women’s approach to information about the enforcement of their legal
right is very limited in rural areas.

There is an obstruction in their capability to claim rights related to

maintenance, divorce and property because of lack of education and
awareness about the legal rights of the women in rural areas.

Impact of Social Structures

 54

Women’s roles and rights are shaped by caste hierarchy and

community norms.

7. Economic empowerment and its influence on

women's legal status

https://www.dawn.com/news/14372

1. Property Rights
In ancient times women in hindu society had limited rights to inherited
property due to customs and patriarchal norms. Law reforms such as
hindu succession act of 1956 give legal rights to women in ancestral
properties.

2. Marital Rights
Hindu marriage act, 1955 gives women’s marital rights regarding
marriage, divorce and maintenance. This abolished polygamy and
encouraged monogamy.

3. Access to Legal Remedies

 55

When a woman is educated she has easy access to legal representation

and rights. Women who are economically independent and not
dependent on anyone in any way are more likely to seek legal help in
cases of domestic violence she has the courage to fight for herself and
her rights.

4. Social Status and Influence

Women’s social position is improved when they become financially
independent because of this improved status in society. People give
respect to women for their opinions and decisions.

5. Legal Awareness and Advocacy

Financial independence encourages women to fight for their legal
rights and participate in reform motions which are focused on
abolishing discriminatory practices, rituals and customs which are
prevailing against women.
 56

Chapter - 5

Socio-Cultural Factors Affecting

Women's Legal Status

https://blog.ipleaders.in/position-women-indian-society-independence/

Socio-cultural factors affecting women’s legal

position in hindu law
Socio-cultural factors, practices, perceptions and norms of hindu
society have the capability to either empower women or impose
restrictions on them through discriminatory practices. The legal status
of women in Hindu law is significantly influenced by these factors:-
 57

1. Patriarchal Traditions
Patriarchal structure plays a significant role in traditional Hindu
society where men have all the powers within the family regarding
decision making. typically hold authority and decision-making power
within families. Due to this patriarchal structure women’s freedom and
legal rights had been always restricted in ancient times, specifically in
matters concerned with inheritance, property and ownership.

2. Customary Practices
Some customs and rituals reestablished gender disparity and imposed
restrictions on women’s legal rights. Those practices are marriage,
dowry and widowhood and these customary practices are rooted in
depth of local traditions and religious interpretations which may vary
across different regions and communities in india.

3. Family Dynamics
Women’s role in the family are significantly influenced by
socio-cultural norms, families expect from women that they should
manage the household and give upbringing to childrens. Family
dynamics has a significant role in shaping women’s role within the
Hindu society and decision - making processes regarding women’s
right to inheritance, property and ownership is highly influenced by the
joint family system.

4. Caste and Community Norms

Certain practices and customs which are specific to some castes can
uphold and challenge women’s rights under hindu law at the same time
but Women’s legal position is influenced by Caste and community
identities because of the interplay with gender norms.

5. Education and Awareness

Educated womens have the awareness to oppose discriminatory
practices and have the courage to take stand for their legal rights under
 58

hindu law because education impacts understanding and assertion of

legal rights.

6. Religious Interpretations
Interpretations of hindu texts and scriptures done by the elders of the
community religious leaders is misleading and it reinforces patriarchal
norms which impose restrictions on women but hindu texts and
scriptures contain principles of equality and justice and correct
interpretation of those texts and scriptures can change social attitude
towards women’s legal position.

7. Legal Reforms and Implementation

Law reforms focused on enhancement of women’s rights in hindu law
which depends on acceptance of change and implementation towards
change because refusing change from ancient traditions in hindu
society slows down the progress towards gender equality in matters of
law.

8. Urban-Rural Divide
Rural areas are more traditional, conservative and there is lack of
awareness and education towards women’s rights in legal matters so
there is refusal to change whereas in urban areas there is exposure to
modern ideas and support for women’s legal position. So, the influence
of socio-cultural factor’s influence differs in both rural and urban
areas.
 59

Patriarchal Norms and Religious Influences on

women’s legal position in hindu law

https://scroll.in/article/1006708/women-who-upend-patriarchal-norms-and-exceed-their
-husbands-status-face-more-violence-study

In Hindu law, traditional patriarchal norms and religious influences have historically
shaped the status and roles of women. Here are some key points to consider:

1. Patriarchal Norms
Hindu society has traditionally been patriarchal, where male authority
and dominance are prominent. This is reflected in various aspects of
Hindu law and customs.

2. Position of Women
Women historically had subordinate roles in family and society. They
were often seen as dependent on male relatives—first their fathers, then
their husbands, and later their sons.

3. Religious Influences
 60

- Dharmashastras
Ancient Hindu texts like Manusmriti and other Dharmashastras
codified social norms and laws. They prescribed duties and
responsibilities based on gender, with stricter rules for women's
conduct compared to men.

- Customary Practices
Many customary practices reinforced patriarchal norms, such as
women's seclusion, restrictions on inheritance rights, and practices like
sati (self-immolation of widows) in the past.

4. Marriage and Family

Hindu law traditionally governed aspects of marriage, inheritance, and
family relations. Women's rights and roles within the family were often
defined in relation to male members.

5. Reforms and Modern Influences

Over time, societal changes and legal reforms have aimed to address
gender inequality. Reforms include changes in inheritance laws (like
the Hindu Succession Act, 1956) and legal provisions against
discriminatory practices.

6. Contemporary Perspectives
Today, interpretations of Hindu law vary widely. While some adhere
strictly to traditional texts and customs, others emphasise gender
equality and reinterpretation of religious texts to support women's
rights.

7. Women's Agency
Despite historical norms, women in modern India are asserting their
agency and challenging patriarchal interpretations of Hindu law.
Movements advocating for women's rights draw on both legal reforms
and reinterpretations of religious teachings.
 61

In conclusion, while Hindu law has historically been influenced by

patriarchal norms and religious texts, contemporary interpretations
and legal reforms are striving to promote gender equality and
empower women within the framework of Hindu traditions.

Influence of patriarchal ideologies on legal

interpretations on women’s rights in hindu law
There are some following patriarchal ideologies which significantly
influence women’s rights in Hindu Law are mentioned below:-

1. Historical Legal Frameworks

Ancient texts and scriptures give specific gender based roles to women
and men where women have been always under men. Mens of the
family have all the authority regarding decision making, family issues
whereas the work of women was to do household chores and they are
restricted in the domestic sphere.

2. Property and Inheritance Rights

In ancient times women’s authority on inheritance rights was also very
limited; whatever the property women get from inheritance, males had
the right to manage it. Basically womens are intensely dependent on
male members for each and every thing all thor rights are also
dependent.

3. Marital and Family Roles

Women were viewed as dependents on male guardians at every aspect
of their lives from birth to death such as from birth to marriage they
are dependent on their father from marriage to widowhood they are
dependent on their husband and from widowhood to their death they
are dependent on their son.

4. Restrictions and Practices

Some malpractices such as sati, child marriage, widow should not be
remarried restrictions has been imposed on them by the legislature by
making laws and acts in favour of them.
 62

5. Legal Reforms
Hindu succession act, 1956 gives equal inheritance and ownership
rights in inherited property but interpretation of this act is still
influenced by patriarchal norms

6. Contemporary Challenges
In contemporary era patriarchal norms still have so much influence
that issues such as marital rights of women in marriage, women’s
asking for divorce and all are still debated in courts and society.

7. Intersection with Religion

Patriarchal norms and traditions which are described in religious texts
continue to shape women’s rights and social status under hindu law.

Role of religion and religious organisations in

shaping gender roles in hindu society within
hindu law
In shaping gender roles in societies in Hinduism and in other religions
as well religious texts and books and religious institutions play a
significant role.

1. Scriptural Basis
Hindu texts and scriptures such as vedas, upanishads, smriti and
dharmashastras specify gender based roles and responsibilities in
family and society. These duties and responsibilities reflect the
strictness of patriarchal norms which prescribe different expectations,
duties and responsibilities from every gender.

2. Cultural Traditions
Gender based roles are described and reinforced practically through
practices such as festivals, traditions, rituals which influence societal
position and social conversations.
 63

3. Leadership and Authority

Religious organisations always believed in creating male-dominating
society, where men always played significant roles in families such as
decision-makers and head of the family. This will of leadership
reestablished and supported male authority.

4. Legal and Moral Guidelines

Teachings and guidelines given by religious scholars give challenge and
support to existing gender roles which depend on interpretations of
religious texts and societal norms because these guidelines give ethical
and moral awareness that mould social norms.

5. Resistance and Reform

Movements which support gender equality from a religious point of
view challenge those interpretations which are done by the religious
organisations which support the view of male-dominated society and
seek to reinterpret religious texts, scriptures and traditions in a new
way because throughout the history, religious scriptures, texts and
traditions have been both agents of reinforcing traditional gender roles
and sources for change.

6. Intersectionality
Gender roles that intersect with other aspects of identity within
religious structure can create complex dynamics and how people
understand gender based roles and practices is influenced by those
intersections.

Societal attitudes towards women's rights in

Hindu communities
Societal attitudes towards women's rights in Hindu society influenced
by various factors which are as following:-

1. Traditional Roles
 64

In Hindu societies roles and responsibilities are gender based, women

often seen as caretakers or homemakers of the house who don’t have
decision making power inside and outside of the house.

2. Educational Attainment
When a woman is Highly educated it gives her more power and
strength to fight for her good and take stand against the discriminatory
practices and all the malpractices under hindu law which discriminate
and disgrace women. Educated women talk about gender equality and
with all the freedom she demands to abolish gender disparity.

3. Legal Reforms
Cultural Practices which challenged women’s rights are influenced by
those law reforms which grants women equal rights in ownership and
inheritance in ancestral property such as the Hindu Succession Act of
1956 (amended in 2005).

4. Regional Variations
Attitudes towards women's rights in urban areas are more progressive
compared to rural areas.

5. Religious Interpretations
Religious teachings and interpretations created an intense impact on
our society but some aspects of those interpretations are done in that
way which inclined towards strict patriarchal norms and that should
be reinterpreted because hindu texts and scriptures talk about equality,
women being devi and should be the priority.

6. Women's Activism
When women started being activists and started asking questions about
the disparity and malpractices and when they properly understood that
this is not good for them they started reform movements in which they
challenged those practices.
 65

7. Family Dynamics
Family dynamics play a most important role in the development of any
human being. Thinking of that family shows in the attitude of that
person who had been raised with the moral and ethics of that family
and if the family has the attitude and thinking of freedom towards their
daughters and if they have the attitude of gender equality only then the
daughter will be mentally stronger and has the courage to demand
gender equality.
 66

Conclusion
The role of women in Hindu law shaped by ancient texts and scriptures
and modern interpretations of those ancient texts and scriptures. Hindu
law has originated from historical texts and scriptures such as shrutis,
dharmashastras, vedas, upanishads and manusmriti, ect. Which
describes women's roles and responsibilities in the domestic sphere and
encourages patriarchal norms.

However, with the passage of time womens gained their rights and
their importance is recognised in the hindu society and within hindu
law as well. Some laws have been introduced in favour of women’s
rights such as Hindu Succession Act of 1956, this law challenged
centuries old practices of male heirs and hindu marriage act,1955
which abolished polygamy and supported monogamy which gives
womens more legal rights, all these thing happen due to the influence of
judicial interpretations, judicial precedents, legal reforms and social
reform movements.

In Contemporary perspectives there are debates still ongoing regarding

women’s rights in hindu law and time to time legislature makes new
laws which encourages gender equality and justice towards women
and people in modern age are also aware about that not only women
but mens are also started recognising women and give them
opportunities but after all this some challenges remains such as issues
of marital rights, lack of education and awareness towards women’s
rights and roles in rural areas.

In conclusion, if we see the journey of women from ancient time to

modern time it massively changed womens are more educated,
empowered and strong in present time as compared to ancient time
where women’s work is only to do household chores and they are
restricted in their domestic sphere and dependent on male members of
the family for each and every decision and for finances. At that time
males discriminated and dominated them but in today’s time mostly
 67

women are not dependent, they are earning and have courage and
understanding about their legal rights.
 68

Suggestions

After doing in deep research on the topic role of

women in hindu law from both ancient and modern
perspectives. Here are some suggestions which i want
to give:-

In the present time women should be educated

enough to understand their rights because
education gives people strength and courage to
take stand against wrong and fight for the same.

Government should conduct free seminars where

womens are educated by the scholars and
advocated towards their rights and safeguards
given to them by the legislature.

Families should be more liberal towards

daughters and support them instead of
restricting them.

Equal treatment should be given from childhood

to both male and female children to create a more
advanced thought process of males where they
don’t think that they are the superior ones and
have the right to discriminate against women.

Ancient Hindu texts and scriptures should be

correctly interpreted and represented in front of
hindu society without any biases because they
talk about strong, independent and empowered
women with equal rights as male members of the
Hindu community.
 69

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