HINDU UNDIVIDED FAMILY (HUF) & GENDER DISCRIMINATION

•  (Relevant for Sociology Syllabus: Paper 1- Stratification and Mobility & Paper 2- Systems of Kinship in India)
• (Relevant for GS Syllabus: Paper1- Social empowerment)

1. The present Government has taken many steps to remove gender discrimination amongst all communities in India. However, there are still some areas where gender discrimination is practised institutionally. Such discrimination is despite a decision of the Hon’ble Supreme Court in the case of Vineeta Sharma vs Rakesh Sharma and Others, in Civil Appeal No. – Diary No.32601 of 2018. In the said judgment, the Hon’ble Supreme Court has reiterated that a daughter can claim an equal share of parental property. This would be applicable even if the father died before the amendment of the Hindu Succession Act in 2005. The Hon’ble Supreme Court further observed that the substituted Section 6 of the Hindu Succession Act, 1956, confer the status of a coparcener to a daughter born before or after the amendment, in the same manner as a son with same rights and liabilities.
2. However, the banks in India, as well as RBI, do not recognize a female as a Karta of a HUF, thereby refusing to open bank accounts of HUF with female as Karta of the same. This is so, despite the pronunciation of the Hon’ble Supreme Court in the aforesaid case. RBI treats this as a policy matter thereby refusing to entertain complaints in this regard.
3. Presently it is held that HUF will come into existence only if there is a common male ancestor from whom the HUF has started. It is also held that property inherited from mother cannot be a HUF property, but a self-acquired property and that can be thrown into HUF only if there is an existing legally valid HUF. The authorities are still stuck with such an outdated view.
4. Such thinking does not fit in the present-day environment and the same needs to transform immediately. This will also be in consonance with the vision of the present government and the decision of the Hon’ble Supreme Court. For example, in case of divorcees where the female inherits property from her mother for the maintenance of the former’s children, then such property should be rightfully regarded as a part of the HUF with the female as a Karta. Where there is no pre-existing HUF, then the female should be allowed to create a HUF with such property. There may also be cases where a daughter decides to adopt children. In such a case also, if she inherits property from either of her parents, then the same should also be regarded as a property of the HUF or a new HUF. This will also provide financial and social security to daughters. In this manner, the real purpose of forming a HUF will be served with the female as Karta.
5. Thus, it is suggested that there should be an immediate directive to all the authorities/institutions in India to recognize a female as Karta of HUF, whether she inherits property from a male or a female ancestor. In such HUF husband and children should also be allowed to be members/coparceners of the Wife’s HUF.
6. I further suggest that due to various practices prevalent amongst different Hindu communities in India, there should be codification laws relating to HUF. Not only this, but there should also be an attempt to form a Uniform Civil Code (UCC) for all Hindus.
7. I hope the authorities will look into the matter with the urgency it deserves in providing proper and equal footings to the females in India, as it will also lead to women’s empowerment and will be in tune with the present Governments objectives and vision.