Patel, Reena. (2006) Hindu women's property rights in India: a critical appraisal. THIRD WORLD QUARTERLY, 27 (7). pp. 1255-1268. ISSN 0143-6597

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Abstract

This paper addresses the need to critically de. ne the bases and contours of 'rights' as created by law. Taking the example of changes in Hindu women's position in relation to property through the rights generated by statutory and constitutional provisions, the article critically evaluates the potential for such a 'rights regime' to enable Hindu women's greater access to property. It argues that the idea underlying a particular claim, its legitimacy and therefore effectiveness within a legal framework must be critically evaluated. The legitimacy of claims presumptively conferred within a legal framework must be interrogated in the light of legal, historical, political and cultural contexts. Such a contextual and critical analysis is crucial for effective protection of rights claims through law. To the extent that legal regimes reflect and substantiate wider social relations, their potential for bringing about substantive change in the lives of women can only be realised through ongoing critical analyses of gender, law and society.

Item Type:	Journal Article
Subjects:	H Social Sciences > HD Industries. Land use. Labor
Journal or Publication Title:	THIRD WORLD QUARTERLY
Publisher:	ROUTLEDGE JOURNALS, TAYLOR & FRANCIS LTD
ISSN:	0143-6597
Date:	October 2006
Volume:	27
Number:	7
Number of Pages:	14
Page Range:	pp. 1255-1268
Identification Number:	10.1080/01436590600933453
Publication Status:	Published
URI:	http://wrap.warwick.ac.uk/id/eprint/32920

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