KOCHI: Women’s right to inheritance has emerged as a talking point in Kerala, thanks to the recent controversy over Kudumbashree’s oath as part of the Union government’s ‘Nayi Chetna’ gender campaign. “Daughter and son will be given equal opportunity in education, and child marriage and domestic violence would be opposed,” read the pledge. “Sons and daughters in a family will be given equal rights over the family’s property.”
This, however, did not seem to go down well among some Islamic organisations. Slamming the pledge, Samastha Kerala Jam-Iyyalthul Ulema leader Nasar Faizy Koodathai wrote on social media that, according to the Quran, a man had the right to a share equal to that of two women. And this did not amount to discrimination, he argued.
Soon, the issue boiled over as media reports claimed Kudumbashree withdrew the oath. The state government’s alleged capitulation came under flak. Meme factories went ballistic. Within a few hours, however, Kudumbashree stated that the oath had not been withdrawn.
Though the political fracas has died down, the issue of women’s right to equal inheritance — among all religions — remains.
Equal right to property a myth
The amended Hindu Succession Act of 2005 gives equal rights to men and women to family property, and removed gender discriminatory provisions from the earlier act. With the 1986 historic judgment in the Mary Roy v. State of Kerala case, Christain women in the state, too, secured equal rights to ancestral property.
That’s the law, on paper. In reality, not even 10 per cent of women in Kerala get equal shares of ancestral property, believes High Court lawyer and social activist Sandhya Raju George.“Societal norms are different. We call it nattu nadappu,” she says. “The girl child is considered part of another family after marriage. So, whatever is part of her dowry, which is nowadays known as ‘gift’, will be her sole ‘share’. This generally includes gold and cash. All the immovable properties, such as land or houses, are mostly divided between the men.”
Sandhya adds there are many cases where the ‘share’ is not given at the time of marriage. “So the woman will neither get her legal share during property division nor the dowry ‘share’.”
Jenika Charity Foundation founder Teena Cheriyan, who works for the welfare of domestic violence and sexual assault survivors, says there is an “unwritten rule” in Christian families that, after marriage, women have no right to the family property.
“She will get dowry as part of marriage and that is it,” adds Teena. “However, this dowry will never be proportionate with her rightful share of the ancestral property. And in most cases, this is true for most communities.”
‘No control over property’
Be it the ‘dowry share’ or personal earnings, many women do not enjoy control over their property or assets. “Even if the groom’s family does not ask for dowry, they would say, ‘Whatever you want to give your daughter, you may’. And in the majority of the cases, this ‘whatever you want to give’ share would eventually end up under the control of the husband and in-laws,” says Sandhya.
“I have seen many cases where the in-laws ask for the woman’s jewellery and even fixed deposits for certain needs. Once that is exhausted, issues start cropping up. Her ‘status’ in the family goes down.”
Poet Aleena says, generally, women are discouraged from handling the financial decisions of families. In most Christain families, she adds, equal distribution of assets happens only if all the children are daughters.
“To ensure the immovable assets stay ‘within the family’, women are seldom allowed to inherit land or buildings,” she says.“Generally, even if a woman has properties or bank deposits, financial decisions will be taken by men in the family. y mother’s family didn’t have much land or money. Whatever is there will be equally split between her brothers, and she will not be considered. However, my parents say I will get an equal share of their property.”
‘Not aware of the law’
Not many women are aware that they have an equal share of ancestral property, say lawyers and activists. Many women believe, after the wedding, they don’t have any claim to family assets, says Teena.Even those who are aware of the law prefer not to “rock the boat” and hesitate to take the legal route to demand their rightful share, she adds.
Even if one does take the legal route, court cases could be complex and drag on for a long. “There is an ongoing case in the High Court, where a woman filed a petition asking for an equal share of family property,” notes Teena.
“She approached the court during the time of her own daughter’s wedding. However, her brother made another sister party to his counterclaim, promising her a share once the case gets solved. The first woman got an equal share of her mother’s property, thanks to the court. But the second one hasn’t received anything. Now the case regarding the father’s property is going on.”
Teena says the second woman, too, would eventually get a favourable verdict. “But such cases can go on for a long time,” she adds.
Muslim women and property rights
According to the Quran, the share of the male has to be twice that of the female. In case a family has only daughters, the father’s male sibling inherits the property if there is no bequeathment will.
Academic and writer Mujeeb Rahman Kinaloor says most Muslim clerics take the Quran literally and don’t allow for interpretations.
“They say it is the word of God,” he adds. “The Quran was written at a time when women had zero right to property or weren’t allowed any financial responsibility. So, in a way, it may have been revolutionary to allow women to claim half of what men inherited. Now, society has changed. Both men and women earn and have equal financial responsibilities. So, women should also have an equal share of family property. Samastha shouldn’t have made an issue out of a pledge by Kudumbashree.”
No change in the horizon
Social activist Aysha Markerouse says there is no confusion in Islam when it comes to women and their right to property. “Women do not have equal rights on the property, period. If they are given equal rights, it would be disobeying the words of your God. To break that law laid by your creator is a sin,” she says.
“And why wouldn’t anyone getting extra property take it? The religion, its god and Islamic law support and encourage this. Women are also groomed and conditioned to accept that. Islam has always been a deeply gender-biased religion. In terms of property, intellectual, social, marital and physical rights — it has given higher rights to men over women.”
‘Need more conversation’
Kudumbashree Mission’s state gender programme manager, Sindhu V, says it “is true that women in our state seldom receive equal rights in various aspects, including inheritance”. “Along with that, the practice of dowry persists despite being illegal,” she adds.
Kudumbashree’s Ernakulam gender programme manager, Shine T Money, says the pledge, which stirred controversy, aimed to start a conversation. “I have come across various cases, where women struggle due to the lack of financial freedom,” he says.
“They cannot leave the husband’s home even in abusive situations, as the male siblings deny their share of the family property. She, at the end of the day, is forced to remain in the abusive house. With this pledge, we can at least spread awareness, and hope that the next generation will get to enjoy their dueful rights.”
CLASS DIFFERENCE
With time and cultural changes, the interpretation of religious texts has to change, says Riya Cherada, 26, who works at Technopark. She adds that the Quran needs a “new reading” and that taking an oath is an individual’s decision, which doesn’t change the rule of the land. Riya, however, highlights that one should keep in mind “class differences” while discussing equal inheritance in any community. “In many financially struggling families, the male members struggle to pay for the woman’s wedding and dowry, which is a result of persisting gender discrimination in society” she says. “They may even take a loan against their home, which later is paid back by the son(s). In such situations, the daughter doesn’t get an equal share of the father’s property.”