Land Tenure Rights in India: an analysis of the failure of amendments to the Hindu Succession Act

The right to a minimum standard of living as a basic human right is recognized internationally. As Hernando DeSoto argues in his book, The Mystery of Capital: Why Capitalism Triumphs in the West and Fails Everywhere Else, a clear, legal definition of property rights is essential in an owner’s realization of return to their capital [1]. This would enable an individual in a developing country to raise their standard of living, thus contributing to the recognition of the right to property as a basic human right [2]. The implementation of property rights has become a priority for governments, NGOs, and international development agencies in many countries. While the right to property legally applies to both sexes, it is not extended to women in practice. Amendments to section 6 of the Hindu Succession Act in 2005 legitimized land ownership and inheritance for Indian women [4]. However, the 2006 Agricultural Census indicates that only 10.7% of Indian landowners are women [5]. The failure of implementation of legal changes regarding property rights and women can be attributed to cultural and religious opinions of women, traditional land tenure systems established before British colonial rule, and government bias within legislation. The Indian government must consider preexisting cultural norms and de facto property rights in the employment of new legislations, as they may impose costs on women. In order for changes in legislation to be effective, they must be inclusive of all women of different religious backgrounds, and simultaneous changes across government sectors must be enacted