Property is a concept which owns an important place in our lives, because it is very difficult to live a life without the utilisation of materials which constitutes the signification of property.
After independence the Constitution of India came into force on 26th January 1950 and Right to property was defined as a fundamental right under Article 19(1)(f) and Article 31 in 3rd part,making it an applicable right.
However, in the first decade of independence, it was observed that right to property as a fundamental right was a huge barrier in initiating a social and economic order and a reference of conflict when the state was to procure private property for public purposes.
In order to eliminate this barrier , the Supreme Court within the historic case known as Fundamental Rights Case held that the proper property is not a part of the essential structure of the constitution and thus, The Parliament can obtain or deduct personal property of persons for concerned good and within the public interest.
Afterwards, in the Constitution 44th Amendment Act 1978 Article 300A was introduced and titled as Right to Property. It states that “No citizen shall be deprived of his property save by power of law. This text provides restrictions on the State that it cannot take anybody’s property without the force of law also interpreted and is often deprived of the force of law. The term law here means a validly enacted law which is just,fair,and reasonable.”
If any individual is deprived of their property by the power of law for the public interests will be entitled with the compensation as mentioned in Article 31(A).The State possesses to vindicate its stand on amenable grounds which depends upon deliberative policy.
Women’s Property Rights
Most of the families in India women don’t own any property and don’t even get their share in any family property. Because of the weak establishment of laws of defending them, women continue to have least access to property/land.
Due to the patriarchal mindsets or societies also women lose their many rights as they are considered as the best home keepers and do not have the potential to manage societal affairs. In such societies women’s property rights are often achieved substitutionally, usually through their husbands.
The property rights of women in India is granted on the basis of each religion
In Islam both men and women would get equal equal share of the property whether it is small or big as mentioned in the Holy Quran.
For Hindu women according to Hindu succession Act section 6 Equal degree was granted only to daughters whose fathers were alive when the amendment came into force on 9th September 2005.
Right to own private property is the right of each and every citizen of the country and it cannot be denied. The compensation will be granted to the individual whose rights would get deprived by the law.
Apart from the continued struggle for a consistent civil code in accordance with the Constitutional framework, today India’s women are fighting for rights in marital property, denied uniformly to them across all religious boundaries.