International Widows Day – Implementation not Lip-Service
For International Widows Day on the 24th of June, Widows for Peace through Democracy (WPD) is addressing the 2024 CSW priority theme of accelerating the achievement of gender equality (with emphasis on strengthening land and property rights).
In 2015, India was named as home to the world’s largest number of widows followed by China, thus the consideration of their treatment is of the utmost importance when understanding the action needed to achieve equality.
Property law is one of the key areas in which widowhood equality is overlooked, notably in rural areas. As inheritance is established under personal law, widowhood rights differ between religions.
India is an interesting case regarding widowhood inheritance laws with the initial Widows Remarriage Act of 1856 removing any claims a widow may have to her husband’s property following her remarriage.
However, the Hindu Succession Act of 1956 repeals this and states that widows who choose to remarry do have rights regarding their deceased husbands property.
Unfortunately, this law is only applicable under Hindu law. Furthermore, this law also states that a widow is a limited heir, meaning whilst she may acquire the property for life, she inherits it as a tenant. Thus, following her death, the property moves to the heirs of the last full owner rather than her own heirs.
Under Muslim law as determined by the Shariat, the widow can inherit one-eighth of his property when children are present. However, the low standing of widows in society means they are often cheated of inheritance, leaving them with no assets or finances to speak of, creating a cycle of vulnerability to widowhood rites practices from her deceased husbands’ family.
WPD calls for increased implementation of these laws as well as recognition of widows as full heirs to her husband’s property. Furthermore, WPD recommends increased education and awareness courses implemented in rural schools to tackle the stigma of widowhood.
Heather Rainey – WPD Intern.
May 2022.
Heather Rainey is a politics student at the University of Edinburgh.
As a researcher, Heather has aided the Scottish Parliament in research on Domestic Violence legislation.
She has previously worked for Lawyers Without Borders – student division and interned for the Women’s Federation for World Peace International, UN Office Geneva.