वर्ष २००५ में भारत की संसद ने हिन्दू उत्तराधिकार ( संशोधन ) अधिनियम , 2005 ( 39 के 2005 ) को संशोधित किया जिसे सरकार ने 9 सितम्बर , 2005 से लागू किया। यह मूल रूप में १९५६ के इसी संशोधित कानून का अन्तिम संशोधन है। इस संशोधन के मुताबिक लागू होने की तिथि से बेटे और बेटियों का पिता / माता कि पूरी चल अचल सम्पति में बराबर का अधिकार होगा। लेकिन आश्चर्य की बात यह है की बिहार या झारखण्ड या किसी भी प्रदेश की सरकारों ने इसे लागू करने का कोई फरमान जारी नहीं किया है। इस सम्बन्ध में भारत सरकार की प्रेस विज्ञप्ति http://sashaktanari.blogspot.com/ में दी गई है जो अंग्रेजी में है। यह मूल रूप से हिन्दू उत्तराधिकार ( संशोधन ) अधिनियम के प्रावधानों का लघु प्रस्तुतीकरण है। हिन्दू उत्तराधिकार अधिनियम , 1956 में जो लिंग आधारित भेदभाव थे उन्हें इस संशोधन ने समाप्त करते हुए धारा 6 के अधीन बेटी को एक समान उत्तराधिकारी बनने का अधिकार उसी तरह दिया है जैसा पुत्र को प्राप्त है। यह अधिकार बेटी के बेटे बेटियों को भी वैसे ही प्राप्त है जैसे बेटे के बच्चे बचियों को। इसी तरह उनके बेटे बेटियों को भी।
यह अनूठी व्यवस्था इस देश के इतिहास में पहली बार हुई जिससे बेटियों को उनके उस घर में एक सम्मानजनक स्तिथि प्राप्त हुई जहाँ वे पैदा हुईं जहाँ पली बढीं और जिन्हें यह कहकर निकाल दिया जाता रहा है कि "किसी और की अमानत है"। इस तरह वह अपने ही घोंसले से निष्काषित हो जाती है। अपने घर में उसे परायी बनकर आना जाना पड़ता है और बराबरी का पुरा माहौल ही समाप्त हो जाता है। इस तरह के निष्काशन और अपमान का दंश हर बेटी हजारो साल से झेल रहीं हैं। यह संशोधन इसलिए भी अच्छा है क्योंकि यह हर किसी को अपनों से जन्म जन्मातर का साथ निभाने में मदद अवश्य करेगा क्योंकि हर भाभी की ननद होगी तो हर ननद की भाभी। हर साले का जीजा होगा तो हर जीजा का साला। और इसी तरह सम्पति का बटवारा होगा जिससे किसी बहन को षडयंत्र के तहत आग के हवाले नहीं होना पड़ेगा।
लेकिन इसे लागू करने में बहुत आनाकानी हो रही है। जहाँ तक मुझे पत्ता है इस देश के किसी प्रदेश के भूमि रजिस्ट्रेशन विभाग या सम्पति से सम्बंधित विभागों को ऐसी कोई हिदायत नहीं दी गई है कि अब किसी माता पिता की हर चल अचल सम्पति की बिक्री, बँटवारे या हस्तानान्तरण में बेटियों के स्पष्ट हस्ताक्षर की आवश्यकता होगी। इसका मतलब है कि इस देश के प्रबुद्ध नागरिक तथा न्याय प्रशासन उस दिन का इंतज़ार कर रहे हैं जब इस तरह के मामले क्रिमिनल मुक़दमे का रूप ले लेंगे और खचाखच भरे न्यायालयों में एक बार फिर लम्बी कतारें लगेंगी।। और बेटियाँ जो किसी तरह जी पाती है मजबूर होकर मजबूत भाइयों के आगे घुटने टेक देंगी। दूरदर्शन या अन्य टीवी चैनल्स में आपने इस सम्बन्ध में कोई कार्यक्रम नहीं देखा होगा जिसमे इस कानून से सम्बंधित कोई प्रचार या सूचना देने की कोशिश होती है जैसा 'स्कूल चले हम' या 'बिटिया ने जनम लिया' या नरेगा कार्यक्रमों के बारे में होता है।
इसे ध्यान में रखते हुए मैंने भारत सरकार की महिला कल्याण विभाग की मंत्री मिस रेणुका चौधरी, बिहार और झारखण्ड के मुख्यमंत्रियों, केंद्रीय महिला आयोग के चेयरपर्सन के अलावा बिहार और झारखण्ड के महिला आयोग के चेयरपर्सन को पत्र लिखकर इसकी सूचना दी तथा आवश्यक कारर्वाई करने का अनुरोध किया। पुनः विचार करने के बाद मैंने एक पत्र भारत के माननीय चीफ जस्टिस को भी लिखा ताकि वे आवश्यक पूछताछ के बाद उचित आदेश करें जो सिर्फ़ बिहार या झारखण्ड में ही नहीं पुरे देश में समरूप तरीके से लागू हो सके। ये सभी पत्र वेबसाइट http://sashaktanari.blogspot.com/ में हैं. मुझे अबतक मिस रेणुका चौधरी के प्राप्ति पत्र के अलावा कहीं से भी कोई ठोस उत्तर नहीं मिला है। मेरी और मेरे साथियों की ओर से अथक प्रयास जारी है ओर हमें पुरी उमीद है की देर भले ही हो इस बराबरी के अधिकार को हमें लेना ही होगा।
शुक्रवार, 22 अगस्त 2008
भारत सरकार की प्रेस विज्ञप्ति
Ministry of Law & Justice
Friday, September 09, 2005
SUB: Hindu Succession (Amendment) Act, 2005 comes into force from today
17:34 IST
The Hindu Succession (Amendment) Act, 2005 (39 of 2005) comes into force from today i।e. 9th September, 2005. The Government of India has issued notification to this effect. The Hindu Succession (Amendment) Act is to remove gender discriminatory provisions in the Hindu Succession Act, 1956 and gives the following rights to daughters under Section 6:
- The daughter of a coparcener cell by birth become a coparcener in her own right in the same manner as the son;
- The daughter has the same rights in the coparcenary property as she would have had if she had been a son;
- The daughter shall be subject to the same liability in the said coparcenary property as that of a son; and any reference to a Hindu Mitakshara coparceners shall be deemed to include a reference to a daughter of a coparcener;
- The daughter is allotted the same share as is allotted to a son;
- The share of the pre-deceased son or a pre-deceased daughter shall be allotted to the surviving child of such pre-deceased son or of such pre-deceased daughter;
- The share of the pre-deceased child of a pre-deceased son or of a pre-deceased daughter shall be allotted to the child of such pre-deceased child of the pre-deceased son or a pre-deceased daughter
After the commencement of the Hindu Succession (Amendment) Act, 2005, no court shall recognize any right to proceed against a son, grandson or great-grandson for the recovery of any debt due from his father, grandfather or great-grandfather solely on the ground of the pious obligation under the Hindu law, of such son, grandson or great-grandson to discharge any such debt
गुरुवार, 21 अगस्त 2008
URGENT
SPEEDPOST
supremecourt@nic.in
02.07.2008
Sri K.G.Balakrishnan,
Hon’ble Chief Justice of India,
Supreme Court of India,
Tilak Marg, New Delhi-110 001 (India)
Sub: Request to pass an order to effectively implement The Hindu Succession (Amendment) Act, 2005 (39 of 2005) which came into force from 9th September, 2005.
Hon’ble Sir,
1. The Parliament passed The Hindu Succession (Amendment) Act, 2005 (39 of 2005) and it was implemented all over India w.e.f. 09th September 2005
2. The Act, for the first time in Indian History, has given a sense of respectability and honour to Women by allowing them equal rights in the parental properties. Before this Act women had to depend totally on the mercy and kindness of their husband and in-laws and sometime their parents. The consequences of these are well known.
3. The Act is the first major step towards removal of gender discriminatory provisions in the Hindu Succession Act, 1956 and will surely empower women provided the Right to Property to Women guaranteed under this Act is implemented seriously by all those responsible for the same.
4. I would like to draw your kind attention to the fact that the above referred Act has not been implemented even after the notification makes it effective from 9th September 2005.
5. That, separation, partition and sale-purchase registration deeds of parental properties – movable and immovable – continue to be carried out in full swing in a clandestine manner without indicating a family tree or accounting for existence of daughters and their share in the property.
6. As a consequence the Act seem to be treated by both parents and the State Governments as a useless piece of paper and daughters in all parts of India are still kept in dark about their Right to Equality in matters of share in parental properties as detailed and notified in the Act and are being made to suffer.
7. That, my contention in Para 5-6 above is expected to lead to a lot of litigation crowding the courts of law, keeping the women subdued and weak for all time to come as the corrective measures by individual woman of going to courts of law will require lots of money which our sisters in this country do not have.
8. That, in conclusion the Act will exist in the Statute Book but Women will remain where they were with and without this Act if it is allowed to continue unimplemented.
In view of the above necessary orders are required to be made to
a) ensure that the State Governments stop registration of partition, separation and sale - purchase deeds of land and other movable and immovable properties where the daughters have not been allotted share in the properties in black and white as per this Act. This should be strictly implemented w.e.f. 9th Sept. 2005.
b) declare all such violations of the Act, taken place between 09th Sept. 2005 and as on the day your order is made effective, provisionally illegal and to initiate necessary legal action against those individual parents and the succeeding sons who have tried to circumvent the law.
c) initiate corrective measures by providing the erring parents and their erring succeeding sons permission to go for supplementary registration of such deeds by incorporating daughters share in the properties. A time limit may be provided for such corrections.
In view of this I request your Honour to kindly take cognizance of this violation and initiate necessary action as suggested above on behalf of half of the country’s population. Alternatively, this letter may be treated as a petition under PIL. I am a self employed person and though I do not have sufficient financial resources to take up this issue in a manner that requires lots of money yet I assure you of all help and co-operation required for making a favourable order on this issue. Also I request for an early action.
With kind regards,
Yours faithfully,
(Sarita Kumari)
A-100, SAIL Township,
Ranchi-834004.
Cell: 9835152680
saritachirag@gmail.com
********************
SPEEDPOST
30.06.2008
Smt. Lakshmi Singh,
Chairperson,
Jharkhand State Commission for Women,
RANCHI.
Sub: Implementation of The Hindu Succession (Amendment) Act, 2005 (39 of 2005) which came into force from 9th September, 2005.
I would like to draw your kind attention to the fact that the above referred Act does not seem to have been implemented properly in Jharkhand and daughters are still kept in dark about their Right to Equality in matters of share in parental properties as detailed and notified in the Act. It looks like that separation, partition and sale-purchase registration of parental properties are being carried out in a clandestine manner without indicating or accounting for existence of daughters and their share. If this continues then the Act will become a piece of paper. The Act, for the first time in Indian History, has given a sense of respectability and honour by allowing them equal rights in the parental properties. Before this Act women had to depend totally on their husband and in-laws mercy and kindness. The Act is the first major step towards removal of gender discriminatory provisions in the Hindu Succession Act, 1956 and will surely empower women. But it looks like that that is not enough. Though you are much better aware of the provisions yet I dare to briefly put the following rights given to daughters under Section 6:
· The daughter of a coparcener cell by birth become a coparcener in her own right in the same manner as the son;
· The daughter has the same rights in the coparcenary property as she would have had if she had been a son;
· The daughter shall be subject to the same liability in the said coparcenary property as that of a son; and any reference to a Hindu Mitakshara coparceners shall be deemed to include a reference to a daughter of a coparcener;
· The daughter is allotted the same share as is allotted to a son;
· The share of the pre-deceased son or a pre-deceased daughter shall be allotted to the surviving child of such pre-deceased son or of such pre-deceased daughter;
· The share of the pre-deceased child of a pre-deceased son or of a pre-deceased daughter shall be allotted to the child of such pre-deceased child of the pre-deceased son or a pre-deceased daughter.
In view of the above I request you, Madam, to kindly advise the Govt. Of Jharkhand not to register partition, separation and sale – purchase deeds of land and other movable and immovable properties without allotting the daughters share in the properties in black and white. This should be strictly implemented also w.e.f. 9th Sept.2005. You also may please advise the State to declare such registration illegal and to initiate necessary legal action against those individuals and the officers who have tried to circumvent the law.
With kind regards,
Yours faithfully,
(Sarita Kumari)
A-100, SAIL Township,
Ranchi-834004.
Cell:9835152680 saritachirag@gmail.com ***********************
SPEEDPOST
30.06.2008
Smt. Manju Prakash,
Chairperson,
Bihar State Commission for Women,
1 South, Beily Road,
Patna, Bihar.
Sub: Implementation of The Hindu Succession (Amendment) Act, 2005 (39 of 2005) which came into force from 9th September, 2005.
Dear Madam,
I would like to draw your kind attention to the fact that the above referred Act does not seem to have been implemented properly in Bihar and daughters are still kept in dark about their Right to Equality in matters of share in parental properties as detailed and notified in the Act. It looks like that separation, partition and sale-purchase registration of parental properties are being carried out in a clandestine manner without indicating or accounting for existence of daughters and their share. If this continues then the Act will become a piece of paper. The Act, for the first time in Indian History, has given a sense of respectability and honour by allowing them equal rights in the parental properties. Before this Act women had to depend totally on their husband and in-laws mercy and kindness. The Act is the first major step towards removal of gender discriminatory provisions in the Hindu Succession Act, 1956 and will surely empower women. But it looks like that that is not enough. Though you are much better aware of the provisions yet I dare to briefly put the following rights given to daughters under Section 6:
· The daughter of a coparcener cell by birth become a coparcener in her own right in the same manner as the son;
· The daughter has the same rights in the coparcenary property as she would have had if she had been a son;
· The daughter shall be subject to the same liability in the said coparcenary property as that of a son; and any reference to a Hindu Mitakshara coparceners shall be deemed to include a reference to a daughter of a coparcener;
· The daughter is allotted the same share as is allotted to a son;
· The share of the pre-deceased son or a pre-deceased daughter shall be allotted to the surviving child of such pre-deceased son or of such pre-deceased daughter;
· The share of the pre-deceased child of a pre-deceased son or of a pre-deceased daughter shall be allotted to the child of such pre-deceased child of the pre-deceased son or a pre-deceased daughter.
In view of the above I request you, Madam, to kindly advise the Govt. Of Bihar not to register partition, separation and sale – purchase deeds of land and other movable and immovable properties without allotting the daughters share in the properties in black and white. This should be strictly implemented also w.e.f. 9th Sept.2005. You also may please advise the State to declare such registration illegal and to initiate necessary legal action against those individuals and the officers who have tried to circumvent the law.
With kind regards,
Yours faithfully,
(Sarita Kumari)
A-100, SAIL Township,
Ranchi-834004.
Cell:9835152680 saritachirag@gmail.com *********************
email to: secy.wcd@sb.nic.in
29.06.2008
Ms. Renuka Choudhury,
Minister of State for Women & Child Welfare,
Shastri Bhawan,
New Delhi-110 001.
Sub: Implementation of The Hindu Succession (Amendment) Act, 2005 (39 of 2005) which came into force from 9th September, 2005.
Hon'ble Renuka Ji,
I would like to draw your kind attention to the fact that the above referred Act does not seem to have been implemented properly in Bihar & Jharkhand States and daughters are still kept in dark about their Right to Equality in matters of share in parental properties as detailed and notified in the Act. I am sure the situation must be similar in other States too. It looks like that separation, partition and sale-purchase registration deeds of parental properties are being carried out in a clandestine manner without indicating or accounting for existence of daughters and their share. If this continues then the Act will become a piece of paper.
The Act, for the first time in Indian History, has given a sense of respectability and honour to Women by allowing them equal rights in the parental properties. Before this Act women had to depend totally on the mercy and kindness of their husband and in-laws. You know better about the consequences of this mercy and kindness. The Act, framed under your leadership, is first major step towards removal of gender discriminatory provisions in the Hindu Succession Act, 1956 and will surely empower women. But it looks like that that is not enough. By looking around in the two States I am sure that our male dominated society will not permit so easily the Right to Property to Women guaranteed under this Act.
In view of the above I request your Honour, to kindly do the needful to ensure that the faltering States of the Union do not register partition, separation and sale - purchase deeds of land and other movable and immovable properties without allotting the daughters share in the properties in black and white. This should be strictly implemented also w.e.f. 9th Sept. 2005. You also may please advise the States to declare such registration illegal and to initiate necessary legal action against those individuals and the officers who have tried to circumvent the law.
With kind regards,
Yours faithfully,
(Sarita Kumari)
A-100, SAIL Township,
Ranchi-834004.
Cell: 9835152680
saritachirag@gmail.com
With a request to Secretary, WCD to pass a copy to the Hon'ble Minister. (Sarita Kumari)
**************************
SPEEDPOST
29.06.2008
Dr.Girija Vyas
Chairperson,
National Commission for Women,
4, Deen Dayal Upadhayaya Marg,
New Delhi-110 002.
Sub: Implementation of The Hindu Succession (Amendment) Act, 2005 (39 of 2005) which came into force from 9th September, 2005.
Dear Madam,
I would like to draw your kind attention to the fact that the above referred Act does not seem to have been implemented properly in Bihar & Jharkhand States and daughters are still kept in dark about their Right to Equality in matters of share in parental properties as detailed and notified in the Act. It looks like that separation, partition and sale-purchase registration of parental properties are being carried out in a clandestine manner without indicating or accounting for existence of daughters and their share. If this continues then the Act will become a piece of paper. The Act, for the first time in Indian History, has given a sense of respectability and honour by allowing them equal rights in the parental properties. Before this Act Women had to depend totally on their husband and his relatives kindness. The Act is to remove gender discriminatory provisions in the Hindu Succession Act, 1956 and though you are much better aware of the provisions yet I dare to briefly put the following rights given to daughters under Section 6:
· The daughter of a coparcener cell by birth become a coparcener in her own right in the same manner as the son;
· The daughter has the same rights in the coparcenary property as she would have had if she had been a son;
· The daughter shall be subject to the same liability in the said coparcenary property as that of a son; and any reference to a Hindu Mitakshara coparceners shall be deemed to include a reference to a daughter of a coparcener;
· The daughter is allotted the same share as is allotted to a son;
· The share of the pre-deceased son or a pre-deceased daughter shall be allotted to the surviving child of such pre-deceased son or of such pre-deceased daughter;
· The share of the pre-deceased child of a pre-deceased son or of a pre-deceased daughter shall be allotted to the child of such pre-deceased child of the pre-deceased son or a pre-deceased daughter.
In view of the above I request you, Madam, to kindly advise the Govt. Of India and the States of the Union not to register partition, separation and registration for sale - purchase of land and other movable and immovable properties without allotting the daughters share in the properties in black and white. This should be strictly implemented also w.e.f 9th Sept. 2005. Necessary legal action may please be initiated against those individuals and the officers who have tried to circumvent the law and further I request you to kindly declare such registration illegal. Pl. acknowledge the receipt of this mail and also inform me about the action taken.
With kind regards,
Yours faithfully,
(Sarita Kumari)
A-100, SAIL Township,
Ranchi-834004.
Cell: 9835152680
http://canvas.nowpos.com/chirag.naksha.ghar
***************************
REGISTERED
26.06.2008
Sri Nitish Kumar,
Hon’ble Chief Minister,
Govt. of Bihar,
PATNA - 800001
Sub: Implementation of The Hindu Succession (Amendment) Act, 2005 (39 of 2005) in Bihar which came into force from 9th September, 2005.
Hon’ble Nitish Ji,
I would like to draw your kind attention to the fact that the above referred Act does not seem to have been implemented in Bihar properly and daughters are still kept in dark about their Right to Equality in matters of share in parental properties. It looks like that separation, partition and sale-purchase registration of parental properties are being done in a clandestine manner without indicating or accounting for existence of daughters and their share. If this continues then the Act will become a piece of paper. The Act is to remove gender discriminatory provisions in the Hindu Succession Act, 1956 and gives the following rights to daughters under Section 6:
The daughter of a coparcener cell by birth become a coparcener in her own right in the same manner as the son;
The daughter has the same rights in the coparcenary property as she would have had if she had been a son;
The daughter shall be subject to the same liability in the said coparcenary property as that of a son; and any reference to a Hindu Mitakshara coparceners shall be deemed to include a reference to a daughter of a coparcener;
The daughter is allotted the same share as is allotted to a son;
The share of the pre-deceased son or a pre-deceased daughter shall be allotted to the surviving child of such pre-deceased son or of such pre-deceased daughter;
The share of the pre-deceased child of a pre-deceased son or of a pre-deceased daughter shall be allotted to the child of such pre-deceased child of the pre-deceased son or a pre-deceased daughter.
In view of the above I request you, Sir, to kindly advise your concerned Officers of the Land Revenue & Land Reforms Departments and also the Registrar and all the Sub – Registrars and their subordinate officers not to register partition, separation and registration for sale purchase of land and other movable and immovable properties without allotting the daughters share in the properties in black and white. This should be strictly implemented also w.e.f 9th Sept. 2005. Necessary legal action may please be initiated against those individuals and the officers who have tried to circumvent the law and further such deeds may be declared illegal.
With kind regards,
Yours faithfully,
(Sarita Kumari)
A-100, SAIL Township,
Ranchi-834004.
************************
REGISTERED
26.06.2008
Sri Madhu Koda,
Hon’ble Chief Minister,
Govt. of Jharkhand,
RANCHI – 834004.
Sub: Implementation of The Hindu Succession (Amendment) Act, 2005 (39 of 2005) in Jharkhand which came into force from 9th September, 2005.
Hon’ble Madhu Koda Ji,
I would like to draw your kind attention to the fact that the above referred Act does not seem to have been implemented in Jharkhand properly and daughters are still kept in dark about their Right to Equality in matters of share in parental properties. It looks like that separation, partition and sale-purchase registration of parental properties are being done in a clandestine manner without indicating or accounting for existence of daughters and their share. If this continues then the Act will become a piece of paper. The Act is to remove gender discriminatory provisions in the Hindu Succession Act, 1956 and gives the following rights to daughters under Section 6:
The daughter of a coparcener cell by birth become a coparcener in her own right in the same manner as the son;
The daughter has the same rights in the coparcenary property as she would have had if she had been a son;
The daughter shall be subject to the same liability in the said coparcenary property as that of a son; and any reference to a Hindu Mitakshara coparceners shall be deemed to include a reference to a daughter of a coparcener;
The daughter is allotted the same share as is allotted to a son;
The share of the pre-deceased son or a pre-deceased daughter shall be allotted to the surviving child of such pre-deceased son or of such pre-deceased daughter;
The share of the pre-deceased child of a pre-deceased son or of a pre-deceased daughter shall be allotted to the child of such pre-deceased child of the pre-deceased son or a pre-deceased daughter.
In view of the above I request you, Sir, to kindly advise your concerned Officers of the Land Revenue & Land Reforms Departments and also the Registrar and all the Sub – Registrars and their subordinate officers not to register partition, separation and registration for sale purchase of land and other movable and immovable properties without allotting the daughters share in the properties in black and white. This should be strictly implemented also w.e.f 9th Sept. 2005. Necessary legal action may please be initiated against those individuals and the officers who have tried to circumvent the law and further such deeds may be declared illegal.
With kind regards,
Yours faithfully,
(Sarita Kumari)A-100, SAIL Township,
Ranchi-834004.
SPEEDPOST
supremecourt@nic.in
02.07.2008
Sri K.G.Balakrishnan,
Hon’ble Chief Justice of India,
Supreme Court of India,
Tilak Marg, New Delhi-110 001 (India)
Sub: Request to pass an order to effectively implement The Hindu Succession (Amendment) Act, 2005 (39 of 2005) which came into force from 9th September, 2005.
Hon’ble Sir,
1. The Parliament passed The Hindu Succession (Amendment) Act, 2005 (39 of 2005) and it was implemented all over India w.e.f. 09th September 2005
2. The Act, for the first time in Indian History, has given a sense of respectability and honour to Women by allowing them equal rights in the parental properties. Before this Act women had to depend totally on the mercy and kindness of their husband and in-laws and sometime their parents. The consequences of these are well known.
3. The Act is the first major step towards removal of gender discriminatory provisions in the Hindu Succession Act, 1956 and will surely empower women provided the Right to Property to Women guaranteed under this Act is implemented seriously by all those responsible for the same.
4. I would like to draw your kind attention to the fact that the above referred Act has not been implemented even after the notification makes it effective from 9th September 2005.
5. That, separation, partition and sale-purchase registration deeds of parental properties – movable and immovable – continue to be carried out in full swing in a clandestine manner without indicating a family tree or accounting for existence of daughters and their share in the property.
6. As a consequence the Act seem to be treated by both parents and the State Governments as a useless piece of paper and daughters in all parts of India are still kept in dark about their Right to Equality in matters of share in parental properties as detailed and notified in the Act and are being made to suffer.
7. That, my contention in Para 5-6 above is expected to lead to a lot of litigation crowding the courts of law, keeping the women subdued and weak for all time to come as the corrective measures by individual woman of going to courts of law will require lots of money which our sisters in this country do not have.
8. That, in conclusion the Act will exist in the Statute Book but Women will remain where they were with and without this Act if it is allowed to continue unimplemented.
In view of the above necessary orders are required to be made to
a) ensure that the State Governments stop registration of partition, separation and sale - purchase deeds of land and other movable and immovable properties where the daughters have not been allotted share in the properties in black and white as per this Act. This should be strictly implemented w.e.f. 9th Sept. 2005.
b) declare all such violations of the Act, taken place between 09th Sept. 2005 and as on the day your order is made effective, provisionally illegal and to initiate necessary legal action against those individual parents and the succeeding sons who have tried to circumvent the law.
c) initiate corrective measures by providing the erring parents and their erring succeeding sons permission to go for supplementary registration of such deeds by incorporating daughters share in the properties. A time limit may be provided for such corrections.
In view of this I request your Honour to kindly take cognizance of this violation and initiate necessary action as suggested above on behalf of half of the country’s population. Alternatively, this letter may be treated as a petition under PIL. I am a self employed person and though I do not have sufficient financial resources to take up this issue in a manner that requires lots of money yet I assure you of all help and co-operation required for making a favourable order on this issue. Also I request for an early action.
With kind regards,
Yours faithfully,
(Sarita Kumari)
A-100, SAIL Township,
Ranchi-834004.
Cell: 9835152680
saritachirag@gmail.com
********************
SPEEDPOST
30.06.2008
Smt. Lakshmi Singh,
Chairperson,
Jharkhand State Commission for Women,
RANCHI.
Sub: Implementation of The Hindu Succession (Amendment) Act, 2005 (39 of 2005) which came into force from 9th September, 2005.
I would like to draw your kind attention to the fact that the above referred Act does not seem to have been implemented properly in Jharkhand and daughters are still kept in dark about their Right to Equality in matters of share in parental properties as detailed and notified in the Act. It looks like that separation, partition and sale-purchase registration of parental properties are being carried out in a clandestine manner without indicating or accounting for existence of daughters and their share. If this continues then the Act will become a piece of paper. The Act, for the first time in Indian History, has given a sense of respectability and honour by allowing them equal rights in the parental properties. Before this Act women had to depend totally on their husband and in-laws mercy and kindness. The Act is the first major step towards removal of gender discriminatory provisions in the Hindu Succession Act, 1956 and will surely empower women. But it looks like that that is not enough. Though you are much better aware of the provisions yet I dare to briefly put the following rights given to daughters under Section 6:
· The daughter of a coparcener cell by birth become a coparcener in her own right in the same manner as the son;
· The daughter has the same rights in the coparcenary property as she would have had if she had been a son;
· The daughter shall be subject to the same liability in the said coparcenary property as that of a son; and any reference to a Hindu Mitakshara coparceners shall be deemed to include a reference to a daughter of a coparcener;
· The daughter is allotted the same share as is allotted to a son;
· The share of the pre-deceased son or a pre-deceased daughter shall be allotted to the surviving child of such pre-deceased son or of such pre-deceased daughter;
· The share of the pre-deceased child of a pre-deceased son or of a pre-deceased daughter shall be allotted to the child of such pre-deceased child of the pre-deceased son or a pre-deceased daughter.
In view of the above I request you, Madam, to kindly advise the Govt. Of Jharkhand not to register partition, separation and sale – purchase deeds of land and other movable and immovable properties without allotting the daughters share in the properties in black and white. This should be strictly implemented also w.e.f. 9th Sept.2005. You also may please advise the State to declare such registration illegal and to initiate necessary legal action against those individuals and the officers who have tried to circumvent the law.
With kind regards,
Yours faithfully,
(Sarita Kumari)
A-100, SAIL Township,
Ranchi-834004.
Cell:9835152680 saritachirag@gmail.com ***********************
SPEEDPOST
30.06.2008
Smt. Manju Prakash,
Chairperson,
Bihar State Commission for Women,
1 South, Beily Road,
Patna, Bihar.
Sub: Implementation of The Hindu Succession (Amendment) Act, 2005 (39 of 2005) which came into force from 9th September, 2005.
Dear Madam,
I would like to draw your kind attention to the fact that the above referred Act does not seem to have been implemented properly in Bihar and daughters are still kept in dark about their Right to Equality in matters of share in parental properties as detailed and notified in the Act. It looks like that separation, partition and sale-purchase registration of parental properties are being carried out in a clandestine manner without indicating or accounting for existence of daughters and their share. If this continues then the Act will become a piece of paper. The Act, for the first time in Indian History, has given a sense of respectability and honour by allowing them equal rights in the parental properties. Before this Act women had to depend totally on their husband and in-laws mercy and kindness. The Act is the first major step towards removal of gender discriminatory provisions in the Hindu Succession Act, 1956 and will surely empower women. But it looks like that that is not enough. Though you are much better aware of the provisions yet I dare to briefly put the following rights given to daughters under Section 6:
· The daughter of a coparcener cell by birth become a coparcener in her own right in the same manner as the son;
· The daughter has the same rights in the coparcenary property as she would have had if she had been a son;
· The daughter shall be subject to the same liability in the said coparcenary property as that of a son; and any reference to a Hindu Mitakshara coparceners shall be deemed to include a reference to a daughter of a coparcener;
· The daughter is allotted the same share as is allotted to a son;
· The share of the pre-deceased son or a pre-deceased daughter shall be allotted to the surviving child of such pre-deceased son or of such pre-deceased daughter;
· The share of the pre-deceased child of a pre-deceased son or of a pre-deceased daughter shall be allotted to the child of such pre-deceased child of the pre-deceased son or a pre-deceased daughter.
In view of the above I request you, Madam, to kindly advise the Govt. Of Bihar not to register partition, separation and sale – purchase deeds of land and other movable and immovable properties without allotting the daughters share in the properties in black and white. This should be strictly implemented also w.e.f. 9th Sept.2005. You also may please advise the State to declare such registration illegal and to initiate necessary legal action against those individuals and the officers who have tried to circumvent the law.
With kind regards,
Yours faithfully,
(Sarita Kumari)
A-100, SAIL Township,
Ranchi-834004.
Cell:9835152680 saritachirag@gmail.com *********************
email to: secy.wcd@sb.nic.in
29.06.2008
Ms. Renuka Choudhury,
Minister of State for Women & Child Welfare,
Shastri Bhawan,
New Delhi-110 001.
Sub: Implementation of The Hindu Succession (Amendment) Act, 2005 (39 of 2005) which came into force from 9th September, 2005.
Hon'ble Renuka Ji,
I would like to draw your kind attention to the fact that the above referred Act does not seem to have been implemented properly in Bihar & Jharkhand States and daughters are still kept in dark about their Right to Equality in matters of share in parental properties as detailed and notified in the Act. I am sure the situation must be similar in other States too. It looks like that separation, partition and sale-purchase registration deeds of parental properties are being carried out in a clandestine manner without indicating or accounting for existence of daughters and their share. If this continues then the Act will become a piece of paper.
The Act, for the first time in Indian History, has given a sense of respectability and honour to Women by allowing them equal rights in the parental properties. Before this Act women had to depend totally on the mercy and kindness of their husband and in-laws. You know better about the consequences of this mercy and kindness. The Act, framed under your leadership, is first major step towards removal of gender discriminatory provisions in the Hindu Succession Act, 1956 and will surely empower women. But it looks like that that is not enough. By looking around in the two States I am sure that our male dominated society will not permit so easily the Right to Property to Women guaranteed under this Act.
In view of the above I request your Honour, to kindly do the needful to ensure that the faltering States of the Union do not register partition, separation and sale - purchase deeds of land and other movable and immovable properties without allotting the daughters share in the properties in black and white. This should be strictly implemented also w.e.f. 9th Sept. 2005. You also may please advise the States to declare such registration illegal and to initiate necessary legal action against those individuals and the officers who have tried to circumvent the law.
With kind regards,
Yours faithfully,
(Sarita Kumari)
A-100, SAIL Township,
Ranchi-834004.
Cell: 9835152680
saritachirag@gmail.com
With a request to Secretary, WCD to pass a copy to the Hon'ble Minister. (Sarita Kumari)
**************************
SPEEDPOST
29.06.2008
Dr.Girija Vyas
Chairperson,
National Commission for Women,
4, Deen Dayal Upadhayaya Marg,
New Delhi-110 002.
Sub: Implementation of The Hindu Succession (Amendment) Act, 2005 (39 of 2005) which came into force from 9th September, 2005.
Dear Madam,
I would like to draw your kind attention to the fact that the above referred Act does not seem to have been implemented properly in Bihar & Jharkhand States and daughters are still kept in dark about their Right to Equality in matters of share in parental properties as detailed and notified in the Act. It looks like that separation, partition and sale-purchase registration of parental properties are being carried out in a clandestine manner without indicating or accounting for existence of daughters and their share. If this continues then the Act will become a piece of paper. The Act, for the first time in Indian History, has given a sense of respectability and honour by allowing them equal rights in the parental properties. Before this Act Women had to depend totally on their husband and his relatives kindness. The Act is to remove gender discriminatory provisions in the Hindu Succession Act, 1956 and though you are much better aware of the provisions yet I dare to briefly put the following rights given to daughters under Section 6:
· The daughter of a coparcener cell by birth become a coparcener in her own right in the same manner as the son;
· The daughter has the same rights in the coparcenary property as she would have had if she had been a son;
· The daughter shall be subject to the same liability in the said coparcenary property as that of a son; and any reference to a Hindu Mitakshara coparceners shall be deemed to include a reference to a daughter of a coparcener;
· The daughter is allotted the same share as is allotted to a son;
· The share of the pre-deceased son or a pre-deceased daughter shall be allotted to the surviving child of such pre-deceased son or of such pre-deceased daughter;
· The share of the pre-deceased child of a pre-deceased son or of a pre-deceased daughter shall be allotted to the child of such pre-deceased child of the pre-deceased son or a pre-deceased daughter.
In view of the above I request you, Madam, to kindly advise the Govt. Of India and the States of the Union not to register partition, separation and registration for sale - purchase of land and other movable and immovable properties without allotting the daughters share in the properties in black and white. This should be strictly implemented also w.e.f 9th Sept. 2005. Necessary legal action may please be initiated against those individuals and the officers who have tried to circumvent the law and further I request you to kindly declare such registration illegal. Pl. acknowledge the receipt of this mail and also inform me about the action taken.
With kind regards,
Yours faithfully,
(Sarita Kumari)
A-100, SAIL Township,
Ranchi-834004.
Cell: 9835152680
http://canvas.nowpos.com/chirag.naksha.ghar
***************************
REGISTERED
26.06.2008
Sri Nitish Kumar,
Hon’ble Chief Minister,
Govt. of Bihar,
PATNA - 800001
Sub: Implementation of The Hindu Succession (Amendment) Act, 2005 (39 of 2005) in Bihar which came into force from 9th September, 2005.
Hon’ble Nitish Ji,
I would like to draw your kind attention to the fact that the above referred Act does not seem to have been implemented in Bihar properly and daughters are still kept in dark about their Right to Equality in matters of share in parental properties. It looks like that separation, partition and sale-purchase registration of parental properties are being done in a clandestine manner without indicating or accounting for existence of daughters and their share. If this continues then the Act will become a piece of paper. The Act is to remove gender discriminatory provisions in the Hindu Succession Act, 1956 and gives the following rights to daughters under Section 6:
The daughter of a coparcener cell by birth become a coparcener in her own right in the same manner as the son;
The daughter has the same rights in the coparcenary property as she would have had if she had been a son;
The daughter shall be subject to the same liability in the said coparcenary property as that of a son; and any reference to a Hindu Mitakshara coparceners shall be deemed to include a reference to a daughter of a coparcener;
The daughter is allotted the same share as is allotted to a son;
The share of the pre-deceased son or a pre-deceased daughter shall be allotted to the surviving child of such pre-deceased son or of such pre-deceased daughter;
The share of the pre-deceased child of a pre-deceased son or of a pre-deceased daughter shall be allotted to the child of such pre-deceased child of the pre-deceased son or a pre-deceased daughter.
In view of the above I request you, Sir, to kindly advise your concerned Officers of the Land Revenue & Land Reforms Departments and also the Registrar and all the Sub – Registrars and their subordinate officers not to register partition, separation and registration for sale purchase of land and other movable and immovable properties without allotting the daughters share in the properties in black and white. This should be strictly implemented also w.e.f 9th Sept. 2005. Necessary legal action may please be initiated against those individuals and the officers who have tried to circumvent the law and further such deeds may be declared illegal.
With kind regards,
Yours faithfully,
(Sarita Kumari)
A-100, SAIL Township,
Ranchi-834004.
************************
REGISTERED
26.06.2008
Sri Madhu Koda,
Hon’ble Chief Minister,
Govt. of Jharkhand,
RANCHI – 834004.
Sub: Implementation of The Hindu Succession (Amendment) Act, 2005 (39 of 2005) in Jharkhand which came into force from 9th September, 2005.
Hon’ble Madhu Koda Ji,
I would like to draw your kind attention to the fact that the above referred Act does not seem to have been implemented in Jharkhand properly and daughters are still kept in dark about their Right to Equality in matters of share in parental properties. It looks like that separation, partition and sale-purchase registration of parental properties are being done in a clandestine manner without indicating or accounting for existence of daughters and their share. If this continues then the Act will become a piece of paper. The Act is to remove gender discriminatory provisions in the Hindu Succession Act, 1956 and gives the following rights to daughters under Section 6:
The daughter of a coparcener cell by birth become a coparcener in her own right in the same manner as the son;
The daughter has the same rights in the coparcenary property as she would have had if she had been a son;
The daughter shall be subject to the same liability in the said coparcenary property as that of a son; and any reference to a Hindu Mitakshara coparceners shall be deemed to include a reference to a daughter of a coparcener;
The daughter is allotted the same share as is allotted to a son;
The share of the pre-deceased son or a pre-deceased daughter shall be allotted to the surviving child of such pre-deceased son or of such pre-deceased daughter;
The share of the pre-deceased child of a pre-deceased son or of a pre-deceased daughter shall be allotted to the child of such pre-deceased child of the pre-deceased son or a pre-deceased daughter.
In view of the above I request you, Sir, to kindly advise your concerned Officers of the Land Revenue & Land Reforms Departments and also the Registrar and all the Sub – Registrars and their subordinate officers not to register partition, separation and registration for sale purchase of land and other movable and immovable properties without allotting the daughters share in the properties in black and white. This should be strictly implemented also w.e.f 9th Sept. 2005. Necessary legal action may please be initiated against those individuals and the officers who have tried to circumvent the law and further such deeds may be declared illegal.
With kind regards,
Yours faithfully,
(Sarita Kumari)A-100, SAIL Township,
Ranchi-834004.
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