Evolution In The Legal Rights Of Hindu Widows

Abstract

The 1980 UN report highlights a stark reality: women, constituting half of the global population, contribute to almost two-thirds of work hours, yet receive only one-tenth of the world's income and own less than one-hundredth percent of the world's property. This research paper navigates through various dimensions, starting with a mythological context and delving into the sources and schools of Hindu Law. It then explores the intricate relationships within the framework of the Karta and Coparcenary, tracing the evolution in the modern history of pre and post-independence eras. Legislative developments and significant case laws are presented as pivotal elements shaping contemporary Hindu law, ultimately leading to a conclusive summary.

Widowhood in India has carried enduring societal stigma and restrictive customs, from historical practices like Sati to discriminatory norms. This article meticulously examines the historical, mythological, and legal aspects surrounding widows in India, with a specific focus on key legislations such as the Hindu Succession Act, 1956, Hindu Minority and Guardianship Act, 1956, and Hindu Adoptions and Maintenance Act, 1956. Additionally, it scrutinizes influential case law decisions that have played a crucial role in shaping the rights of widows. Despite legal advancements, challenges persist, and societal attitudes continue to impact widows' choices, particularly concerning remarriage. The article emphasizes the ongoing need for concerted efforts to support and empower widows, fostering a more inclusive and equitable society.