Historic Win For UP Daughters: Equal Rights In Father’s Land Under New Law

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Lucknow: In a groundbreaking step towards gender equality, Uttar Pradesh is poised to grant married daughters the same inheritance rights as their unmarried counterparts in their father’s agricultural land.

The state’s Revenue Board has finalised a proposal to amend Section 108(2) of the Uttar Pradesh Revenue Code, 2006, erasing the discriminatory distinction between married and unmarried daughters.

Set to be submitted to the government this month, this reform is being hailed as a transformative move to empower women socially and economically, aligning UP with progressive states like Madhya Pradesh and Rajasthan.

The Current Law And Its Flaws

Under the current provisions of the 2006 Revenue Code, when a male landowner (bhumidhar) passes away, his agricultural land is inherited by his widow, sons and unmarried daughters in that order, a process known as ‘varasat’ in revenue parlance. Only if none of these heirs exist does the land pass to the deceased’s parents, followed by married daughters, and then brothers or unmarried sisters. This hierarchy has long relegated married daughters to the bottom of the succession ladder, often depriving them of their rightful share. The system reflects outdated patriarchal norms, with critics arguing it forces women to choose between marriage and inheritance.

What Changes With The Amendment?

The proposed amendment aims to dismantle this bias by removing the terms ‘married’ and ‘unmarried’ from Section 108(2). Once implemented, both married and unmarried daughters will have equal claim to their father’s agricultural land, alongside sons. The reform also eliminates distinctions between married and unmarried sisters in the succession order, ensuring no woman is penalised for her marital status. “This is a monumental step towards gender justice,” said a senior official from the Revenue Board, speaking on condition of anonymity. “It will not only secure daughters’ rights but also enhance their social standing and economic independence.”

A Step Towards Women’s Empowerment

The move draws inspiration from states like Madhya Pradesh and Rajasthan, where daughters already enjoy equal inheritance rights in agricultural land. Legal experts see it as a vital step to align UP’s laws with the Hindu Succession Act (2005), which grants daughters equal coparcenary rights in ancestral property. However, since agriculture is a state subject under the Indian Constitution, UP’s Revenue Code takes precedence, making this amendment critical to bridging the gap. The proposal, once vetted by the state government, will require approval from both the Legislative Assembly and the Legislative Council to become law.

Impact On Rural UP

For rural Uttar Pradesh, where land ownership is a symbol of prestige and financial security, this reform promises to be a game-changer. Millions of married daughters stand to benefit, gaining access to ancestral farmland that could bolster their economic autonomy. “This isn’t just about property; it’s about dignity and equality,” said Kanchan Verma, a Lucknow-based women’s rights advocate. “Owning land can transform a woman’s status in her family and community.”

A Long-Awaited Reform

As the proposal heads to the cabinet, it carries the weight of decades-long advocacy by women’s rights groups and legal scholars who have challenged the discriminatory provisions of the 2006 Code. If passed, Uttar Pradesh will join the ranks of states championing gender parity in inheritance, marking a significant stride towards social justice and women’s empowerment in India’s heartland.

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