Hindu Female Intestate Succession Laws and Their Impact on Fundamental Rights of the Elderly

Abstract

Females in Hindu families have long been discriminated against in terms of both inheritance and succession. For the duration of forty-nine years, men and women had different schemes with regard to inheritance where the woman was refused the right to marital property on the basis of her marital status. Fortunately, in 2005, the amendment to the Hindu Succession Act dealt with most inheritance-based injustice. However, it is observed that Hindu female intestates who die as married women continue to face injustice that is backed up by various discriminatory provisions under the Hindu Succession Act. This paper recognizes the constitutional implications of such provisions and their effect on the elderly.

Keywords: Religion, Law, Hindu, Women, Elderly

JEL Classification: Law and economics, Religion, public policy