Advancing the women-led development model

The story so far:

The National Commission for Women (NCW) held a consultation on women’s right to property and their access to social and economic justice. The idea is to ensure that inclusive growth becomes sustainable. This is another step towards endorsing the significance of women’s empowerment. However, a pertinent question remains: why have women not been empowered so far, and do we really understand the meaning of women’s empowerment? Is the concept rooted in economics, or is it a serious issue of patriarchal attitude that has been internalised through the ages?

Distributive vs. compensatory justice

Until now, women’s empowerment has remained confined to welfare schemes, reservation at different stages and protection against discrimination. This may constitute the delivery of compensatory justice, but it is not sufficient if the country intends to accelerate progress towards the goal of Viksit Bharat@2047. We need to create an environment in which the delivery of distributive justice assumes significance over compensatory justice. Though the Constitution provides for both forms of justice, it gives precedence to distributive justice to prevent the need to compensate. Following this constitutional approach, the concept of empowerment would be transformed from a welfare measure into a matter of right.

As a socialist principle, justice could be delivered through the equitable distribution of resources according to requirements, ensuring equality among equals and access to resources needed for development and growth. This concept is enshrined in the Directive Principles under Articles 38 and 39 of the Constitution, supported by Article 46. These provisions make the state accountable to ensure distribution of resources and prevent concentration of the means of production. The Supreme Court in Air India Statutory Corporation v. United Labour Union (1996) held that the Preamble and Articles 38, 39, and 46 aim to establish an egalitarian social order and that distributive justice is a foundational constitutional goal to restructure the economic order. Further, the apex court in Consumer Education and Research Centre v. Union of India (1995) emphasised that socio-economic and distributive justice are integral components of the right to life and human dignity under Article 21 of the Constitution.

Compensatory justice, on the other hand, could be seen through different lenses. For instance, Articles 17 and 23 of the Constitution deal with abolition of untouchability and human trafficking, begar and forced labour respectively, which are absolute rights to prohibit discriminatory exploitation of certain groups including women and children. In criminal law, statutory compensation for victims is provided under Section 396 of the Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023).

Women’s property rights

The right to property is a fundamental human right, along with the rights to life and liberty, hence, it is acquired by all individuals irrespective of gender. Property is not merely an asset; it also strengthens social status, bargaining power and a person’s capabilities. This is the reason why the Constitution, through Article 300-A gives the guarantee that no person shall be deprived of his property except by the authority of law. This provision is available to both men and women equally. The idea is to ensure substantive equality leading to gender justice. The Hindu Succession Act, 1956, and particularly its 2005 amendment, gave daughters equal coparcenary rights in Hindu joint family property. Endorsing this concept the Supreme Court in Vineeta Sharma v. Rakesh Sharma (2020) made it clear that a daughter is a coparcener by birth and that her right does not depend upon whether the father was alive when the amendment came into force.

On the other hand, the Hindu Marriage Act, 1955 and Special Marriage Act, 1954 in addition to the laws relating to maintenance, and inheritance have progressively strengthened women’s legal position regarding their right to property. These provisions along with their interpretation by the judiciary, clarifies that women shall not be treated simply as the beneficiaries, rather they shall be given opportunity to make their claim for property rights, thereby protecting the fundamental human right.

However, despite these constitutional and legal safeguards, women are not yet considered claimants to such rights, and the gulf between requirements and reality remains wide. The patriarchal mindset is the biggest culprit. Other factors inter alia, include a social fabric not conducive for women in terms of rights, inadequate legal awareness among women and their limited access to justice. In this backdrop, it would be more appropriate to strengthen institutional mechanism necessary to effectively implement the existing policies and laws rather than making new laws.

Concept of women-led development

To establish substantive equality, a paradigm shift is needed from viewing women as passive beneficiaries of welfare schemes to recognising them as drivers of social and cultural transformation, which will ultimately include them in the process of nation building. In other words, this approach would connect women’s rights, economic independence, political representation and participation in decision-making. The question here is how to ensure this form of development? A convergence approach may prove most effective, bringing together politico-legal, institutional and constitutional aspects, including their moral and ethical principles. Property and inheritance records should be made gender sensitive, through digitisation of land records, simplified mutation procedures and automatic recording of women’s shares, reducing dependence on intermediaries. Further, legal literacy among women must also improve through special campaigns involving Self-Help Groups, while effective access to free legal aid would enhance their legal awareness. Finally, women who have excelled in any field should be given leadership roles to demonstrate that they can lead institutions as effectively as their male counterparts. Thus, a shift from women-based to women-led development is not only necessary but should become the new paradigm.

(C.B.P. Srivastava is president, Centre for Applied Research in Governance, Delhi)