It’s Not Wills, It’s The Will To Change

medium119662825This year marks 20 years of one of the most significant but often overlooked legal reforms in India — one that focused on undoing patriarchal bias embedded in inheritance laws. Parliament set out to rectify centuries of gender-based discrimination in property rights to legislate the Hindu Succession (Amendment) Act in 2005.Yet, two decades on, ground reality tells a different story — many women are even today denied their legal right to inheritance. The amendment was testament to India’s evolving consciousness at the time, affirmation that every daughter is equal heir to her family’s legacy. Legally establishing her right to inheritance was a big step in ensuring her autonomy. Hindu inheritance laws, especially under the Mitakshara school, denied daughters coparcenary rights in ancestral property, the privilege exclusively for male heirs.The journey towards the amendment formally began with the 174th Law Commission Report (2000), chaired by Justice BP Jeevan Reddy under Vajpayee’s NDA govt. The report explicitly highlighted the discriminatory nature of Hindu succession laws and recommended that daughters be granted equal coparcenary rights, aligning these laws with constitutional guarantees of equality and non-discrimination.The movement for gender-equal inheritance laws was also fuelled by progressive amendments in several states. These state laws had demonstrated how legislative action is essential to dismantle entrenched patriarchal structures, thereby promoting women’s economic independence.Once enacted, the Hindu Succession (Amendment) Act 2005, abolished the discriminatory doctrine of survivorship, granted daughters equal coparcenary rights by birth, and ensured marital status would not impact these rights. It empowered daughters to become the karta (head) of the family, a role traditionally reserved for male members.Altering the law is however merely a first step; transforming social attitudes and removing biases is a far more gruelling journey. Law is an enabler of social change. It provides a formal framework to recognise and enforce new rights, establish new norms. Without addressing underlying social issues, legislative changes remain symbolic gestures without meaningful impact. The Times of India’s campaign #CancelPatriarchy is a timely conversation on the need for such reforms. In many communities today, a notion persists that a daughter, upon marriage, becomes part of her marital family. This belief undermines their claims to parental property, as families often prefer to retain assets within the male lineage. Reluctance to acknowledge daughters as rightful heirs is reinforced by social prejudice, even ‘stigma’ associated with women owning property — as it challenges traditional power dynamics and gender roles. Social pressure to conform to ‘established norms’ frequently forces daughters to relinquish their claims, perpetuating the cycle of inequality.Another roadblock is that even in this information age, very many women remain unaware of their rights and entitlements. Many women do not even contemplate claiming a share in ancestral property. Even where there is awareness of legal rights, asserting these has led to extraordinary familial pressure and, we dare say, intimidation in many instances. Families often guilt daughters into relinquishing their claims by suggesting that publicly asserting rights will invite ‘dishonour’ for the family and breed discord. In more severe cases, women face direct threats, physical harm, or even ostracism.Concerted effort is required to bridge the chasm between legislative intent, legal provisions and practice. Educational initiatives and awareness campaigns aimed at both men and women can help challenge and change entrenched beliefs.Implementing gender-sensitisation programmes in schools can foster an environment where both boys and girls learn the importance of equality from a young age. Adult education projects can address prejudices long internalised.Effectiveness of legal reforms is contingent upon robust implementation and support systems. It is essential that men and women are aware of women’s legal rights. Organisations such as ActionAid have run campaigns to raise awareness about women’s property rights. Collaborative efforts between govts, NGOs and civil society can create an ecosystem that supports and sustains gender-equitable practices.Legal practitioners tend to focus on the intricacies of statutes and case laws. Their lives revolve around the letter of the law, often overlooking the impact of these laws in shaping people’s lives. The legal fraternity can help in advocacy for systemic reforms, provide pro bono legal services for marginalised women, and collaborate with civil society at large to help actualise the egalitarian vision enshrined in our laws.The 2005 amendment remains a beacon of progress, illuminating the path towards gender parity. It is our collective responsibility to ensure this light reaches every daughter and her family for her to claim her rightful place in the family’s legacy.The writers are advocates at Khaitan & Co