What prevents women from inheriting agricultural land in India?

A study of implementation of Hindu Succession Amendment Act 2005 in three states

Study Objectives:• To capture what prevents

women agricultural producers from obtaining land under inheritance?

• To capture women’s own perspectives on inheritance of agricultural land

• To understand what has changed if any in institutional process of inheritance, post 2005

• To identify immediate actions

Study Areas & Methodology• Three states: Andhra

Pradesh, Bihar and Madhya Pradesh

• Focus: Women Agricultural Producers (WAPs)

• Irrespective of Caste• Selecting top three

districts, tehsils, villages where there is highest numbers women’s operational holdings

• Randomized samples of 480 women and 120 men of their families

• Key informants: Tehsilders, Revenue Inspectors, local government chiefs , lawyers, legal services authority (DLSA)

• In depth Interviews: 48 women specially selected

• 16 Case Studies of Women

Amendment to Hindu Succession Act

• Passed in 2005• Women are

Coparcener• Women can inherit

agricultural land – From Parents – From Deceased

husband • Except land under

Tenancy

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Relevant Findings:

Findings from women and men• Inheritance is most

common way to obtain ownership

• Women’s ownership is dismal, very little change in generations

• Women want to own land; do not want to inherit

• Women have limited knowledge of ownership rights

• When women get land, its not equal share

• Brothers’ objection is more severe than parents

• The process of claim and pursuing is too burdensome for women

• The society and parents think dowry is the share of women’s inheritance

• Widows and women with no brothers have better chance of inheriting land

State Level Findings• Administrative

processes related to mutation are not gender sensitive

• Local governments have no clue of the amendment and their role about it

• Tehsilders are insensitive to gender issues

• Revenue Inspectors lacks awareness and instruction

• No change in Revenue codes to ensure women’s inheritance

• Tehsilders insensitive to gender

• DLSA (legal aid) does not include this topic

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Highlights of Findings:

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Recommendations:• Revenue Codes must be re-written to incorporate

gender concerns • Staff of revenue administration must undergo training

on the amendment and their roles to ensure compliance• Madhya Pradesh’s practice of Gram Sabha

endorsement may be replicated • Andhra Pradesh’s Paralegal experience of pro-actively

assisting the poor and women to resolve their land insecurity issues may be replicated

• Special village camp courts should be organized especially to encourage women to come forward and claim their rights

• Land Rights literacy for women may be incorporated as a national strategy

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Thank you