EMBRACING CHANGE: FEMALES AS KARTA IN HINDU UNDIVIDED FAMILIES

Padmapriya B,

3rd year BBA.LLB.(Hons) at School of Law,

Sastra Deemed University

“Her father protects her in childhood, her husband protects her in youth and her sons protect her in old age; a woman is never fit for independence."--Manu[1]

INTRODUCTION

Over history, Hindu women often received a smaller share and minimal inheritance rights than men. However, the recent legislative changes uplifted the rights of women. The Hindu Succession (Andhra Pradesh) Amendment Act of 1985 mandated equal inheritance rights for daughters, challenging the discriminatory Mitakshara system and affirming constitutional principles of equality. Due to this, the subsequent amendments made in various states, such as Tamil Nadu, Maharashtra, and Kerala, extended the women's rights as coparceners in Joint Hindu Family property. However, not all states initially embraced these reforms, maintaining patriarchal norms.

The equal rights to ancestral property, formerly exclusive to sons were represented as a significant milestone in a landmark amendment (2005).  This amendment raised a major question about the daughter's leadership role as Karta in Hindu undivided families and Hindu inheritance laws. The Delhi High Court’s ruling affirmed that the eldest female coparcener could become Karta, challenging the previous legal barrier. Thus all these created a major reform that progressively worked to dismantle the gender-based disparities in Hindu inheritance and family leadership roles.

HISTORICAL CONTEXT AND LEGAL REVOLUTION

From the ancient era, it is regarded as the Karta as the sole head of the Hindu undivided family(HUF), typically passed down to the eldest male, reflecting patriarchal norms. Women, despite their crucial role, were excluded from formal leadership due to cultural and legal barriers. Removal of male-dominated customs were abolished through legislative reforms like the Hindu Succession Act 1956 by providing equal inheritance rights.

Even though women got some legislative rights, still the position of widow remained unchanged. Restriction of widows' participation and involvement in family affairs once their children reach adulthood. Recently there has been a major focus on cases of female managers and co-owners contrasting with men’s ability to be coparceners. These cases highlight the importance of co-owners for managerial competence. A notable lawsuit underscored that success in such roles transcends gender.  Until a child reaches adulthood, the mother has all the legal authority. The requirement for women to be born into a predominantly male-dominated Hindu family to qualify as a Karta remains contentious.

THE DEVELOPMENT OF THE ROLE OF WOMEN AS KARTA IN HINDU TRADITION

The era of the shift from marginalization to recognition of women’s rights in the inheritance of property is regarded as a significant change. Despite many constitutional provisions safeguards, i.e., protection and guaranteeing equal rights for women in a traditionally patriarchal society, challenges persist in fully asserting their legal entitlements. There are many remarkable changes in the Indian historical landscape to the present day. In Hindu culture and society, the concept of women owning property gained acceptance due to socio-cultural factors. Formerly, a woman could become the property owner under two circumstances: one is about where she is not freely allowed to dispose of the property's principal, and the second is where the property inherited by the woman would revert to the next heir after her lifetime.

EMERGENCE OF FEMALE KARTA IN HINDU JOINT FAMILY

Women have the right to manage the family and perform acts recognized in Dharmashastra's interpretation.  This is the main source that helped to shape the legal perspectives. In the case of Pandurang Dahke vs. Pandurang gorle[2], the court declared that any adult member who is a recognized major, regardless of any gender, has the right to manage a Hindu Joint Family in its best interest. This judgment was given by Justice Puranik, affirming that a mother can indeed serve as the manager of a Hindu joint family.

Before the amendment of the Hindu Succession Act 2005, females were historically excluded from being coparceners and acting as Kartas in Hindu joint families. However, the new amendment in the act by 2005 paved the way, aimed to acknowledge and uphold the rights of women in the families especially daughters of coparceners gained equal status and privileges, as men. This was held in the case of Shreya Vidyarthi vs. Ashok Vidyarthi and Others[3], who declared that this amendment not only developed the economic standing of women but majorly concerned and represented a decisive step towards achieving gender equality in women’s property rights in India.

HINDU SUCCESSION AMENDMENT ACT 2005

This act represented an effective advancement in women's rights regarding inheritance. The legislation made drastic changes that granted rights to women to participate actively in coparcenary property and claim in the partition of ancestral homes, including the role of Karta, which was previously managed by male coparceners of the family. Specifically, the act ensured women's enjoyment of equal inheritance rights, whether from their parents or in-laws, overturning the exclusive property management by male coparceners. The amendment recognizes daughters as coparceners with equal rights and responsibilities as sons, abolishing traditional rules of survivorship and the obligation of sons to settle their father’s debts. Recently, the Delhi High Court asserted in Manu Gupta vs. Sujata Sharma that women can serve as the Karta of the Joint Hindu family, elaborating on the scope of Section 6 of the Hindu Succession Act to equalize the inheritance rights in joint properties of the family. The court highlighted that neither legislative intent nor traditional Hindu law restricts a woman’s right to be a Karta. [4]

The 2005 Amendment Act has brought out a new era of gender equality and empowerment in Hindu Succession Law, especially for women's welfare and development, affirmed women’s rightful role as equal participants in family property and decision-making.

COMPARATIVE ANALYSIS AND SUGGESTIONS

The present situation regarding female Karta’s in the Hindu Undivided Families remains ambiguous and evolving. Regardless of amendments to the Hindu Succession Act, 2005 primarily aimed to ensure gender equality, in the inheritance rights of women, as it is not addressed properly. While laws strike to uphold constitutional principles of equality such as Articles 14,15, and 21 of the Indian Constitution were still, the position of women’s status remains uncertain, compounded by a lack of awareness such as education and financial resources. Despite development in legislative reforms, the recognition of female Karta’s in Hindu Undivided Families necessitates focused efforts to structure the legal framework with practical implementation, thereby ensuring equal rights, opportunities, and privileges for women in family governance and inheritance.

To empower women further, there should be a need for the implementation of allowing a divorced woman inheriting property to develop or join a HUF as the Karta, by ensuring financial security for herself and her wellbeing. It is put forward that the authorities swiftly recognize women as Karta in the Hindu Undivided Families, irrespective of the gender of the ancestor from whom they inherit property. Furthermore, advocating for the implementation of the Uniform Civil Code (UCC) for all Hindus could standardize laws in diverse Hindu communities, promoting women’s empowerment and aligning with the government’s vision for inclusive development.

CONCLUSION

The drastic change and transformation in Hindu women’s inheritance rights has been profound, moving them from marginalized to being acknowledged. Despite constitutional guarantees of gender equality in a patriarchal context, challenges remain in women effectively exercising their legal rights. Many women to date still wouldn't be able to perceive themselves as natural inheritors due to a lack of awareness, unfamiliarity with the law, and, insufficient efforts to educate themselves on these rights constitutional provisions, and legislations. Nevertheless, legally, women are entitled to equal rights in the inheritance of Hindu Undivided Families Property.

REFERENCES

[1] Manu IX.3: Manusmriti: The Laws of Manu

[2] 1947 ILR Nag. 299

[3] AIR 2016 SC 139

[4] Manu Gupta vs. Sujata Sharma and others on 4th December 2023  <https://indiankanoon.org/doc/44799346/> accessed 25 september 2024.