Stridhan And Women’s Estate: Empowering Women’s Right In India

KEY TAKEAWAYS – 

• To understand about the Contemporary and medieval society viewpoint about Stridhan. 
• To know about the meaning and Historical background of Stridhan. 
• To read about the women’s estate and her rights and control of stridhan. 
• To read and understand various landmark legal judgments on the concept of stridhan. 

INTRODUCTION – 

In the Indian contemporary society, the concept of stridhan is existing since the medieval period and due to the prevalent usage of such practices to this date also it is being in practice. Stridhan which refers to the properties specifically designated for women, and women’s estate, a broader concept encompassing provisions for rights for women. 

The Hindu Women’s right to property act of 1937, made a significant shift by granting Hindu females new inheritance rights, augmenting the significance of women’s property rights, however, the HSA (Hindu Succession Act of 1956 that brough substantial changes to women’s property rights, particularly through S. 14, which effectively abolished the notion of Women’s estate and introduced the Vijaneshwara’s interpretation of stridhan and women’s estate. 

The subsequent amendment bought about alignment in inheritance laws with gender-neutral principles, because prior to this the Hindu Succession (Amendment) Act of 2005 was introduced to further eradicate gender discrimination, granting coparcener’s daughters equal rights to ancestral property as opposed to the mail heirs. This progressive evolution reflects a societal paradigm shift towards gender equality within the realm of property rights under Hindu law. 

HISTORICAL BACKGROUND – 

The historical evolution of Stridhan dates back to ancient Indian society where women enjoyed a high status and were bestowed with several rights and privileges, including property rights. In ancient India, it was said that women held property and wealth and carried out economic activities, and Stridhan as a concept was something which recognised women’s right to property, and which aimed at protected the property of women from all invaders / thieves so that they could live with economic freedom and security.

Furthermore, women were actively involved in economic activities in ancient India. They generated their own income through business, farming, and craftsmanship. These economic activities also formed the stridhan and the results from the earnings contributed to their economic empowerment. The social value of stridhan has been immense as it played diverse roles in the ancient Indian society by providing economic empowerment and financial support, richly due to the ties between women’s wishes and social engagement. While the ownership of stridhan allowed women to have economic freedom, to make decisions on their assets, and engage in family businesses, it showed women’s societal outlook by acknowledging their contribution to the family’s economy and settlement.

This brief historical background of stridhan highlights the liberal and progressive ancient Indian civilization’s views towards women’s rights and property. The underlying principles of gender equality, economic independence, and freedom continue to influence modern laws and way of life. It has stood as a true model of the ancient Indian love of freedom, and hence stridhan is a legacy of women’s freedom in Indian civilization.

MEANING OF STRIDHAN – 

Stridhan is a concept that clearly acknowledges woman’s self-ownership and property rights in India; it marks a significant shift from the traditional patriarchal roles and creates a system where women are the only owners of their property. Stridhan encompasses various types of property including tangible items like jewellery and money, movable assets such as land or house among other things. Importantly, this ownership covers the different stages in a female life span ranging from properties owned before or after marriage as well as those given as dowry or inheritance. 

Looking closely at Stridhan has revealed its transformative power within India. By giving exclusive property ownership to women, Stridhan defies established gender inequalities and allows them to have command over their financial resources. Besides individual self-governance, empowerment also led to economic agency and resilience among women generally.

Within the Indian jurisdiction, property rights that have shaped the understanding and application of property rights, especially in relation to inheritance by women is a subject of landmark court decisions. Kasserbai v. Hunsraj (1906) was a defining moment for the Bombay High Court which brought about a founding principle known as the Bombay School. This means that when a woman inherits from another female relative it is considered Stridhan or women’s property highlighting how lineage and kinship are important determinants of ownership. 

This matter was dealt with extensively by Allahabad High Court in Debi Mangal Prasad Singh v. Mahadeo Prasad Singh (1912). In this case, the court held that under both Mitakshara and Dayabhaga schools of Hindu Law, any share taken by a female through partition did not fall within ‘Stridhan’ but constituted part of her women’s estate. The distinction between these legal traditions strongly implies that there is no universal conception of property rights and further sustains the status of female estates as an independent kind of legal concept.

When the Hindu Succession Act of 1956 was passed, it changed the way women held property in India. The legislation also allowed stridhan to include undivided coparcenary/ ancestral property acquired through partition. This left women with direct and unfettered possession over those properties while in charge of disposal or administration thereof.

COMPARISON BETWEEN STRIDHAN & DOWRY – 

Comparing stridhan and dowry throws the light on their very different ideas, ownership, structures, and societal implications in the case of Indian marriages. Stridhan – a legal term from Hindu law- represents property exclusively owned by a woman either before or after the marriage. It serves as a means of economic security and autonomy for women to protect them against financial dependence and vulnerability. 

The main contrast between ‘dowry’ and ‘stridhan’ is often determined by whether there was any force, coercion or undue influence involved in their transfer. In contrast to dowry which most of the times involves demands or compulsion from grooms’ families, stridhan refers to voluntary gifts given to ladies without any form of external pressure or even use of physical power. This distinction emphasizes the moral and legal aspects relating to exchange of property in relation to marriage in India.

In India the courts have performed a pivotal position in delineating the limits among stridhan and dowry, recognizing the inherent differences in their nature and cause. Central to this distinction is the precept that stridhan constitutes property rightfully owned by the woman, received thru voluntary manner which include inheritance, gifts, or personal profits. In contrast, dowry typically includes the switch of belongings to the groom’s circle of relatives as a social responsibility, often below duress or coercion.

The intent at the back of the establishing the difference lies in safeguarding the ladies’ proper and pastimes, especially inside the event of marital breakdown or disputes. In instances of divorce or separation, ladies retain the legal entitlement to reclaim the goods acquired as stridhan, ensuring their monetary safety and independence. This stands in stark evaluation to dowry gifts, which may be irretrievably misplaced or retained by the groom’s circle of relatives, leaving women vulnerable to economic exploitation or deprivation.

In the example set by Pratibha Rani v. Suraj Kumar, 1985, top judiciary provided significant understandings into separating dowry and stridhan, driven by dismay of a wife without rights. Judiciary stated female will possess sole control over her stridhan, giving her free command on its employment. Also, it was found while frequently spouse holds no right or demand over the stridhan, special situations might allow him use during times of severe difficulty, with duties to give back once his conditions better.

Moreover, within the precincts of section 12 in the Act for Safeguarding Women from domestic violence act of 2005, there are explanations setting boundaries around females’ entitlements to their dowry riches when they become prey to family harm. This legal document spells out a clear path for getting back dowry wealth under such conditions, highlighting how crucial it is to shield females' asset rights amid domestic ill-treatment situations. Furthermore, section 18(2) from this same law clearly states a female's right to possess her dowry items like ornaments, garments, and other indispensable belongings. 

This statute additionally gives a thorough description concerning financial mistreatment, illuminating the complex character of aggression towards women. Described within this rule book as economic harm includes any scenario where a woman faces deprivation or forfeiture of monetary resources that traditionally she is supposed to have access according to established local practices.

There is an implied message in this legislation that women’s property rights are just as valid as men’s as the law explicitly recognizes and stipulates women’s ownership of property. In this way, the legislation expresses that women should be economically empowered and independent in their fight against domestic violence. This act is another significant feature of the legislation because it approaches economic abuse in a comprehensive way. It also reflects commitment of the society towards fighting systemic inequalities and is supposed to give women from different economic backgrounds a chance to enjoy an enviable treatment.

INCLUDED ITEMS UNDER STRIDHAN AND BRIEF CHARACTERISTICS OF STRIDHAN – 

Delving into the comprehensive scope of stridhan unveils a rich tapestry of assets and possessions that form an integral part of a woman’s economic estate. From inherited property to gifts received from relatives, stridhan encompasses a diverse array of resources acquired through various channels. These may include: - 

1. Goods given before the nuptial ceremony. 
2. Gifts given as famous heirlooms. 
3. Monetary offerings. 
4. Money given from personal earnings. 
5. Gifts ranging from exquisite jewellery and household items/essentials. 

Often those assets are ranging from mere material possessions to even lands or real estates, properties, or residential quarters, which represents the multifaceted inheritance that bolster the women’s financial standing and societal stature.

It is arguably the very heart of stridhan that radiates from its distinctive attributes and qualities, which become the source of the financial liberation and self-reliance of women. Related to this special privilege is the woman's singular ownership of the property, thereby giving her an upper hand and control over her finances and future. Such an ownership, besides the fact of just the possession, confers a legal status which protects her proprietary interests against any claims from her husband, in-laws, or creditors. Basically, stridhan is a form of financial autonomy and wealth protection for women and their entitlement to a trust. With stridhan, their assets are not vulnerable to any external interference, and they can use their money to become independent and exercise their discretion regarding the management of their wealth.

In the same way, giving shelter to one's stridhan shows a deeper investment on the judicial system of India in reaching fairer gender end justice. Not only giving women a power through their assts, that they have external claim about and giving them the ability to challenge their partners' respect and dignity is also through stridhan. It takes a solid stance to safeguard against a possibility of undue exploitation and coercion helping women to have a stable and mature attitude in dealing with their financial decisions. 

WOMAN’S CONTROL AND POWER OVER HER ESTATE – 

There exist two distinct categories recognized as a woman's estate:

1. Inherited Property: In India the gift or legacy that a female gets through another female is subject to Stridhan classification in the thinking of the Bombay School of Law. The concept allows a woman to claim property which she has consented to be in any form or material provided it is gifted to her by the donor despite that the property is held in trust for her or the donor. Such declaration makes sure that a lady not a bother itself; an independent person even though she is single that she has full and undivided control of her assets which will naturally remain with her as inheritance.
2. Share Acquired through Partition: Through partition, a woman is entitled to get her hold of property that she is supposed to own. However, her rights as a shareholder are circumscribed by two limitations: Not being able to benevolently dispose of the corpus, to which belongs the assets or share coming with partition, is the primary restriction in question. Subsequently, her share of the total ownership gets transferred to the last full heir, who in turn limits her usufructs. Thus, the equality of possession does not last longer even after her death.
3. Property received through settlement or agreement: in the honourable instance of Mahadeo Pandey v. Mt. Bensraji, 1971, elucidated the differentiation between the Section 14(1) and 14(2) of the Hindu Succession Act, 1956, the courts established specific criteria to discern between the two provisions. It was determined that if a decree or award acknowledges an existing right, Section 14(1) is invoked, where if the property is transferred to a woman for first time through an award, Section 14(2) applies.

This allocation of an estate to her also shows that a very fair apprehension of property rights which is developed in Indian judiciary. The legal framework contributes to create two categories among the inheritance, one of acquired shares and the other of partitioned assets. It is to achieve a clear and fair distribution and administration of assets among family members.

The marital goods between two classes, namely the woman’s estate and the man’s estate, signifies a broader mission toward promoting gender equality as well safeguarding the rights of women within the context of family ties. It also emphasizes the issue of women being provided with legal safeguards and personal autonomy over property as it is where their belongingness to a society is derived from which is an important aspect of their economic advancement and improvement.

Ultimately, the principal of a woman’s ownership over her trousseau can be viewed as the keel, upon which the vessel of gender equality and justice in society is buoyed. Through the recognition of the woman’s right to property ownership and management society proves that they are endowed with intrinsic esteem and significance hence they are equal to others in the socio-economic cohort. This ensues into them realizing their real capacities thus giving them the power to contribute fully effective to their own development as well as that of the communities which they live in.

LANDMARK JUDGMENTS PERTAINING TO STRIDHAN AND WOMAN’S ESTATE – 

(1)    Indra Sarma v. V.K.V. Sarma, AIR 2014 SC 309: - 

In this particular instance, the dispute arose between the wife, Indra Sarma, and her husband V.K.V. Sarma, regarding the ownership of certain properties acquired during their marriage, the wife, was fighting her husband V.K.V. Sarma in the court over the ownership and possession of certain properties that were acquired by them during their marriage and whether they should be included in her individual property or joint marital property.

The Hon’ble Supreme Court stated that the properties in mind were the wife’s stridhan inherited and gifted to her during the marriage, adding value to her personal wealth. It has been pointed out that an acknowledgement of women’s property interests as well as the resolution of ambiguity in or disputes concerning ownership are vital in this judgment. The verdict re-established the view that stridhaan opens for woman as sole property person and it cannot be claimed by the husband or her his family.

(2)    Maya Devi v. Jagdish Prasad, AIR 2007 SC 1426: - 

The matter before the court is the petition of dissolution that the respondent, the husband, has made with the prayer for cruelty against the appellant, the wife. The opposite party pointed out that the appellant habitually asked for money, did not concern himself with the housekeeping duties, abused with false arguments about dowry, beat up their children, and showed offensive behaviour in many ways. In the profound tragedy of their fate, three of their children were found murdered in a well and their husband, the appellant, was convicted under Section 302 of the Indian Penal Code (IPC) for the incident. The divorce decree was passed and confirmed at the first instance court while the High Court dismissed the appeal.

In this instance, the Supreme Court examined the concept of mental cruelty and 

(3)    Harpinder Kaur v. Gurpreet Singh, AIR HC Punjab & Haryana, 2022: - 

In this instance, Gurpreet Kaur, wife of the petitioner Mr. Amrinder Singh, submitted a petition seeking the restoration of her Stridhan, which included articles of ornaments and currency, on the basis that her husband and his family illegally retained her Stridhan.

The court was of the opinion that Gurpreet’s complaint was justified, and it ordered Harsimar Singh and his family members to hand over the Stridhan (dowry) back to Gurpreet Kaur. In the pronouncement, the court stressed the notion of sheltering women's application right by not taking the bride-price out of the bride's ownership. It pointed out the husband’s or respective in-law’s duty that should be accorded to the wife regarding her Stridhan in case of a quarrel or separation.

WHETHER A WOMAN CAN SURRENDER HER RIGHTS – 

Surrender means that the owner of female property voluntarily relinquishes ownership. This act of surrender can happen during a woman’s life or at the time of her physical death.

A woman has the right to bequeath her property in favour of her immediate heirs, and this bequeathing is considered equivalent to her domestic death and certain conditions must be fulfilled for the rule that he has devoted himself to it. First a woman must give all her property if she can reserve even a fraction of it for her living in addition, the dedication must be in favour of the heirs or immediate heirs of the last owner. 

Importantly, this right of a woman to surrender or retain her wealth is inviolable and cannot be violated by force or force, any attempt to force a woman to give up her money against her will represents a gross violation of her rights, and such illegal acts unequivocally violate fundamental principles of violates individual freedom and dignity, violates women’s agency, and impairs their ability to make informed decisions about their property. 

Furthermore, any attempt to coercively transfer women’s money can and should be legally challenged, women have legal tools to bolster their rights and challenge illegal attempts to expropriate their property. Legal mechanisms exist to protect women from oppression or undue influence, and to ensure that their freedoms and rights are respected and protected.

Moreover, the woman must be willing and committed; Following such a transfer, attention turns to repetition, which generally has the right to restrain the female holder from disposing of the property in a wasteful manner or in an improper manner. 

CONCLUSION – 

In conclusion, by recognizing women’s property rights and giving them legal protection, these proposals contribute to the economic empowerment and social advancement of women across the country to recommend effective implementation of this policy and they have raised awareness about the importance of women’s rights to control women’s wealth

In particular, the concept of women’s empowerment involves a paradigm shift in perceptions of women’s property rights, reflecting a more inclusive and equitable approach to Indian society It does not necessarily save women value and not only their social role, but also their important role as economic partners and agents of change. As India continues its fierce struggle against gender inequality and empowerment, Stridhan stands as a beacon of progress, ushering in a future that celebrates women’s rights and freedom.