The Discrimination and Anomaly in the Property Rights of Indian Women

Abstract

The proviso of section 10 of the Transfer of Property Act of 1882, is a regressive law restraining women of certain religions from alienating property received from an inter-vivos transaction. This paper highlights this aspect of the statute and calls for reform in the property rights of such women, as the proviso violates the Indian Constitutional guarantee of preventing gender and religion-based discrimination. Further, the proviso creates an anomaly in the property interest of women who fall within the ambit of both section 10 and the Indian Succession Act. This paper also argues that the mere deletion of the impugned proviso will not address the issue of patriarchy and secure the welfare of women. Dowry is one such example discussed in this paper, which persists despite statutes aimed at eradicating it. The reasons for the existence of section 10, as given by the English Judges of the colonial past, continue to plague Indian women even today. On the contrary, a woman’s absolute interest in property would make her susceptible to dowry abuse, consequently perpetuating the practice of dowry demands. Therefore, in addition to legal reform, this paper advocates increasing efforts in sensitizing society to bring about real change.