Any Attempt To Have A Uniform Civil Code Must Be Women Centric While Not Being Disadvantageous To Other Genders: Justice Nagarathna

"Laws designed to overcome systemic discrimination against women, particularly in relation to the right to property, must be accepted by the male members of the family and by the society at large. I must also caution the women- this is not anti-women, I am not saying anything against women- but I am only cautioning women to say that the women must seek to enforce their rights to obtain property from the ancestral or marital families only when such property will contribute in a significant manner to their financial and social status. In cases where women possess sufficient means of living and are fairly stable financially and have the financial capacity, or what I would call the creamy layer of women, she may exercise her sensibility and not insist on claiming her share of property, especially when her coparceners can significantly benefit from such a property. Such an attitudinal change and inter-se accommodation can contribute significantly towards achieving gender equality in the real sense of the term and aid in maintaining peace and stability within the family which is the basic unit of a society", Justice B. V. Nagarathna has said.The Supreme Court judge was speaking on 'WOMEN'S RIGHTS TO PROPERTY : ROAD TO EMPOWERMENT' at the Jharkhand Judicial Academy.Justice Nagarathna expressed that by virtue of the amendment made to section 6 of the 1956 Hindu Succession Act in 2005, "we have all experienced a docket explosion at all levels from the civil court right up to the Supreme Court. That is a good sign. But at the same time, I would advise women that they must settle wherever a settlement is possible in the cases either through mediation or through Lok Adalat so that the family relationship is restored""Imagine a brother getting a notice through the court when a sister has filed a case. Nothing wrong with it. But what happens to the family relationship of the brother and a sister? Therefore while rights are being given to women, at the same time I must advise women to see that there is a settlement of the property. After all, it is the property of the ancestors or the self acquired property of the father. It is not their self acquired property. It is a matter of inheritance, therefore, it is necessary that the family relationship is restored, even when there is a suit filed, at the earliest, by some kind of a give-and-take between the brothers and sisters in the family", she continued."It is equally important that women strive to keep intact the finer feminine sensibilities of kindness and care. Independence of women, financial or otherwise, must not have an implication on the more domestic aspects of a women's life, i.e., marriage and family. In my opinion, women have tremendous biological potential for compassion, forgiveness and sensitivity and the same must be kept alive always", she stressed.Justice Nagarathna added that the judge has said this all in the context of gender parity and for restoration of the unit of society which is something very unique to India as compared to anywhere else in the world.At the same time, she opined, "It is fairly clear that evolution of the property rights of women in India has undergone reformation to overcome systematic discrimination against women. While the theme of gender parity has been the centrepiece of contemporary inheritance laws, empirical literature on women's inheritance rights suggests that significant gender bias persists despite reforms, disabling women, particularly rural women, to achieve...the real objective of a legal regulation should be to change social and gender attitudes. Such attitudinal changes are essential which are based on an understanding that the changes in the law targeted to provide enhanced rights to women were demanded by the societal changes. Male coparceners should have an enlightened attitude which recognises the needs and interests and rights of their female counterparts. Sensitisation to bring about such attitudinal changes is the need of the hour"Justice Nagarathna said that, "Male coparceners should invite their sisters to have a share in the property". "Probably the sisters will not ask for that actual share, they will have a concern for their brothers and they may say that let us have a give-and-take and divide the father's or mother's property in the best possible means. That is one way of avoiding litigation and disruption of family life""In my view, women's empowerment has five major facets- securing a woman's sense of self-worth, woman's right to determine the right to choice of action, women's right to have access to opportunities in every field of activity and resources including in ownership of land and property, a woman's right to have the power to control her life both within and outside the home of course subject to her duties to her family and as a citizen of the nation, and finally, her ability to influence the direction of social change so as to create a more just and economic order both nationally and...

Any Attempt To Have A Uniform Civil Code Must Be Women Centric While Not Being Disadvantageous To Other Genders: Justice Nagarathna

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