Reasons why married women in India deserve 50% share of assets acquired by husband after marriage.
- The Hindu Marriage Act of 1955 administered harsh circumstances surrounding marriage to discourage husbands from divorcing their wives. Whichever asset or capital acquired by married couples equally belongs to both parties since marriage act recognizes both of them as one.
- Married women have lesser chances of securing high-end jobs due to their household responsibilities. Hence, the Constitution entitles them to a 50% share of assets to cover their domestic inputs.
- Women are also mandated to cover 50% of incurred debts during marriage even though most of them do not have a stable income. Hence, they deserve 50% of the income acquired during this period.
- Most Indian women lack the financial capability to pay taxes and mortgages. Therefore, the 50% share of husbands’ assets provides a financial platform necessary to uphold their living standards in case of separation.
- Most married couples in India register mortgages and houses in joint names. Therefore, married women are entitled to the 50% share of assets because they have to contribute equal amounts to initial residential houses.
- Married men have the ability to convert their housing properties into immovable assets to avoid the payment of alimonies and child support fees. Therefore, the marriage act ensures married women get their share.
- Hindu marriage laws prompt the 50% share in acquired assets to prevent husbands from deviating from their responsibilities as fathers. Married women in India cannot ascertain their husband’s actual earnings and assets due to limited maintenance.
- The general economic participation of females in India is relatively lower as compared to other countries. Thus, a significant proportion of acquired assets should be used in supporting the financial needs of married women.
- Married women experience oppressive legal and religious policies dictating the role of women in the society (Agarwal). Most Indian women are not allowed to work or earn a living after marriage. Hence, they rely on the supportive implements administered by their marital partners.
- The practice of gender discrimination in property inheritance violates the principle of natural justice.
- The 50% share of acquired assets is deemed as compensation for women’s execution of domestic roles.
- Residential properties in India are solely inherited by men. Daughters and married women are denied inheritance of their natal families’ properties. Accordingly, offering a 50% share of assets ensures married women residing in patriarchal joint families are rightfully entitled to a roof over their heads.
- The Constitutional Act is construed as a fundamental basis for formulating the idea of equality in wealth rights before the inception of different techniques for redressing the challenge. Although the I
- nternational Covenant on Economic, Social and Cultural Rights (ICESCR) and the International Covenant on Civil and Political Rights (ICCPR) do not offer explicit rationale for equal property rights, they both aim at ensuring equality for women and men based on the principle of equality encapsulated in their stipulations (Robins 15).
- The process of offering 50% of assets to married women construes equality to wealth and property as a fundamental right. This practice is meant to uphold the economic significance of married women in India.
- The process of offering 50% of assets to married women is construed as critical in the preservation of human dignity and the development of personality, especially in an oppressive environment where the desire for self-actualization is disregarded (Robins 23).
- The Constitution provides civil liberty rights inclined towards ensuring that all citizens can lead their lives without discrimination based on gender. Constitutional rights in India with regard to the said wealth have been enshrined in the Universal Declaration of Human Rights Act, which stipulates that no individual shall be arbitrarily deprived of property (Robins 12).
- Alimony laws in India are ineffective and weak due to oppressive sociocultural orientations. As a result, Indian women are more reliant on the 50% share of acquired assets as compared to females from other ethnicities.
- The charter of rights empowers the Indian government to embrace effective strategies of positive discrimination in favor of the female gender to neutralize cumulative political, educational, and social economic issues faced by women (Robins 28). Men are supposed to play the role of breadwinners, whereas women are expected to stay at home and perform household duties. Thus, the Bill of Human
- Rights insists that both parties should be entitled to a 50% share of acquired assets.
The 50% share of acquired assets reduces disinheritance of women in India. Most women are forced to go back to the home of their parents and live with them after separation.
- Women are also entitled to 50% property rights under the Hindu Succession Act of 1956 that abolished women’s limited wealth and property rights (Robins 30). In most cases, married women have no empirical way of ascertaining their husbands’ actual amounts of income and assets due to limited legal grounds and maintenance.
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Agarwal , Nimai . “Evolving Gender Roles in the Vedas.” Huffpost, 9 Mar. 2014. www.huffpost.com/entry/evolving-gender-roles-in_b_4549972. Accessed 10 May 2019.
Dixon, Annette. “Women in India’s Economic Growth”. The World Bank, 2018. www.worldbank.org/en/news/speech/2018/03/17/women-indias-economic-growth. Accessed 10 May 2019.
Farhat, Syed Nadeem . “Hindu Marriage Law: Need, Impediments and Policy Guidelines.” Journal Storage, vol. 12, no. 2, 2015, pp. 131-146.
Kapur, Radhika. “Widow Remarriage in India.” Research Gate, 2018. www.researchgate.net/publication/323691687_Widow_Remarriage_in_India. Accessed 10 May 2019.
Robins, Simon. “Transitional Justice as an Elite Discourse: Human Rights Practice where the Global Meets the Local in Post-conflict Nepal.” Critical Asian Studies, vol. 44, no.1, 2012, pp. 3-30.