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On Record Property rights for daughters:
Much more needs to be done |
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Profile
Reflections Diversities — Delhi Letter
Kashmir Diary
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On Record by R. Suryamurthy
The economic decisions
of the UPA government have evoked much criticism from the Left parties,
who have been crying foul. Statements by the government indicate that it
would go ahead with the reform process and the concerns of the Left are
being ignored. The Revolutionary Socialist Party (RSP) is an important
constituent of the Left Front, which is supporting Dr Manmohan Singh-led
UPA government from outside. The RSP differs with other Left parties on
socialism. It supports the UPA government as it considers the BJP
"communal" and more dangerous to the nation than the
Congress. The RSP claims that its programmes and policies are
determined by the needs of the nation rather than dictated by the
demands of the international Communist movements. In an interview to The
Sunday Tribune, the Central Committee member of RSP and Rajya Sabha
member, Abani Roy, indicates the line of thinking within the Left
parties on their support to the UPA government. He warns that the Left
parties, especially the RSP, could withdraw support if the government
continued with the present economic policies.
Q:
Despite consistent opposition by the Left, the government seems to be
going ahead with the FDI hike in telecom sector. Recently, Union Finance
Minister P. Chidambaram indicated that the FDI stakes in the telecom
sector would be hiked to 74 per cent before the Budget session. What is
the stand of the RSP? A: We urge the Finance Minister not to
increase FDI in telecom sector as it concerns both internal and external
security of the nation. By increasing the stake of foreign holders in
this sector, the government would hand over these companies to foreign
investors. It should serve the interest of the countrymen first. Their
interest should be national security and safety and not the interest of
the foreign Investors, who want to put money only to reap profits. Q:
What options do the Left parties, especially the RSP, have if the
government hikes the FDI? What about Mr Chidambaram’s indication that
the Left parties would be won over and there would not be much of a
problem in going ahead with the hike? A: We would urge the
government not to act in such a manner. It is not a question of winning
over but of protecting national interest. We think that the government
would not take any decision which would harm national interest and put
the internal and external security of the country at risk. Still, if the
government goes ahead, it would lead to the loss of economic sovereignty
of the country and liberty of individual citizens. Q: Do you
suggest that the Left parties, after raising the concerns, would act as
a mute spectator to the decisions of the government? By supporting the
government from outside, are you also not a party to its decisions? A: If
the UPA government goes ahead with such economic decisions, against the
national interest, the Left parties, especially the RSP, would be forced
to reconsider its decision on extending support to the government from
outside. Our support is not unconditional, but based on the Common
Minimum Programme (CMP) accepted by all the ruling coalition partners. Q:
Would the Left parties withdraw support only on this issue? A: The
government’s performance would be reviewed in the conferences of the
Left parties during the next three months. While we have our party
congress in February, the CPI would hold its meet in March and the CPM
in April. Here the government’s performance in all aspects would be
discussed. Whatever decision the delegates take, the party would follow.
Further, the RSP has invited the leaders of other Left parties to
discuss the possibility of forming a third front, not just for electoral
purposes, but for evolving an alternative to the Congress and the BJP. Q:
Do you feel that the government has implemented the CMP in letter and
spirit? A: I feel that the government has taken several steps
contrary to the spirit of the CMP. It has been trying to promote the
interest of the rich only. From day one, it is interested in dismantling
the PSUs, throw open profit making companies to the foreign investors
and the poor man has been burdened with increasing prices. Q: Even
on the oil price issue, the concerns of the Left parties are being
ignored. Is the Left, which claims to support the poor, ready to
shoulder the blame of being party to the UPA’s decision in this
regard? A: Having extended outside support to the UPA government,
we can wish away the blame of being party to the decisions of the
government. We have been urging it to take steps so that the poor are
not hit by the rising prices. The government has been giving assurances
which alone will not work. We need immediate action to control the price
rise. It is time for the government to act now. Q: Do you feel that
the RSP is unhappy with the present state of affairs? Will it act alone
in this decision or persuade other Left parties to follow suit, as the
RSP’s withdrawal of support alone would not have much impact on the
stability of the government? A: Yes. I do understand that mere
withdrawal of support by the RSP would not result in the fall of the
government. Our party would not act alone because when the support was
given to the UPA, it was a consensus decision of all the four Left
parties — the CPI (M), the CPI, the AIFB and the RSP. So any decision
in this regard would be taken jointly. Q: Will the Left only bark
or will it also bite? A: You would soon know, once we take the
decision. The UPA cannot take our support for granted and run the
government on its whims and fancies. |
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Property rights for daughters:
Much more The
Union Cabinet has recommended amendment to the Hindu Succession Act, 1956, bringing about changes in the manner of devolution of the coparcenary property giving equal rights to daughters. What is the vice sought to be removed by the amendment? How did it creep in when the Hindu law was codified in the Hindu Succession Act giving the daughter for the first time the right of inheritance in father's self-acquired property equal to brothers, along with three other Acts — the Hindu Marriage Act, the Hindu Minority and Guardianship Act and the Hindu Adoptions and Maintenance Act? In a nutshell, a person possessing immovable property acquired by him out of his own income, known as self-acquired property, devolves differently on his heirs than the ancestral/ coparcenary property known as joint Hindu family property. On the death of the owner/possessor of the two properties, the daughter takes equally with his brothers but in the coparcenary property, her share is reduced considerably. Why? The Hindu law envisages the concept of joint Hindu family which "consists of all persons lineally descendants from a common ancestor and include their wives and unmarried
daughter (s) who cease to be member of her father's family on marriage, and becomes a member of her husband's family". Joint and undivided family is the normal condition of Hindu society. The existence of joint estate is not an essential requisite to constitute a joint family and a family even with no own property may be joint. It may consist of a single male member and widow/(s) of deceased male member. The Hindu coparcenary "is a much narrower body than the joint Hindu family. Generally speaking, it includes only those persons who acquired by birth an interest in the joint or coparcenary property. These are the sons, grandsons and great grandsons of the holder of the joint property for the time being, in other words, three generations next to the holder in unbroken male descent". It does not include a female member. Only the male members are coparceners and they acquire interest in the joint Hindu property (not self-acquired property) by birth. A female member of the family may be lineal descendant being daughter, grand-daughter or great grand-daughter but is not considered a coparcener and does not acquire any right in the joint Hindu family property by birth as compared to male members. To constitute a coparcenary property, it should have an ancestral character with an un-obstructed heritage. It is unity of ownership in the whole body of coparceners and all the male members up to the fourth degree (in certain exceptional conditions beyond the fourth degree) have an antecedent title in the property equal to their interest in the coparcenary property which is a fluctuating interest, capable of being enlarged or diminished by births or deaths in the family. Property acquired from maternal side or uncles is not ancestral property. According to this concept of joint Hindu family and joint Hindu property, the devolution on the death of the karta/manager of the joint family property is different from the devolution of self-acquired property. In the case of joint Hindu family property, while effecting its partition on the death of karta, a notional partition is assumed to have taken place during the karta's life time and the shares are determined as if the partition had taken place during his life time giving equal share to himself, son, wife and not the daughter. In the case of two sons, wife and daughter, the national partition would give one-fourth share each to the sons, the wife and the karta himself. The male members of the family gets share as coparceners and the wife gets share equal to that of the son and the husband by virtue of the provisions of the Hindu Women Right to Property Act, 1937, which granted equal share to the wife in the notional partition. This right was never granted to the daughter. As a result of this notional partition, the interest of the karta is reduced to his share only which devolves on his death and his share is again taken equally by wife, son and daughter. This way, sons and wife get their share which they got in the notional partition — one-fourth plus one-fourth share in the interest of the karta. Thus, while sons and mother get Rs 25+ 6.5 = 31.5, daughter gets only Rs 6.5 out of Rs 100! This was the vice preserved in Section 6 of the Hindu Succession Act, 1956, brought into force on June 17, 1956. It held that in case of coparcenary property in the hands of karta, what is to be partitioned is only his interest which he got in the notional partition keeping aside the interest of his son(s) and wife and not the whole property. If he has left a female heir mentioned in Clause (1) of the Schedule — daughter/(s) or daughter's son/daughter's daughter — she would also get share in the partition of his interest only and not the whole coparcenary property. This was the discrimination being perpetuated even after the codification of the Hindu law and enactment of the Hindu Succession Act. There are other areas where female members are still discriminated and those too need attention. Though a female member becomes owner in father's property, she cannot claim partition until male members of the family decide to subject the property to partition. Even if she becomes a widow and starts living in father's house, she can live as co-sharer but cannot claim partition. So is the difficulty in cases where her husband is involved in adultery. She can get divorce, and get her husband convicted of adultery but not the woman with whom her husband is
carrying. The writer is Advocate, Punjab and Haryana High Court, Chandigarh |
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Reflections Last two years have impacted on me in more than one way. Having spent nearly two years at the United Nations, that too in peacekeeping, I have had some very 'concerned' (not rare as could be called) opportunities. I saw how countries are left without a penny in the treasury and the makers of this state of affairs exiled.! Or just take a flight to an asylum! I saw how a whole generation gets thrown out of their own lands and become refugees in neighbouring countries. Homeless, orphaned and starved. I saw armies of child soldiers. Girls and boys. I saw women at the receiving end, raped, sold, bought and silenced. I saw how a country is controlled or administered (sic) by revenues generated through organised crime? Drug trafficking is only of the many others? The world is truly global today, as never before. The ongoing oceanic earthquakes, altering coastlines, with no less than a million in watery graves, establishes this, many times over, without a doubt. Of the million dead, are people from all over the world? The fury and rage of nature spared none. Be they locals or the foreigners, rich or the poor, child or old. It also affected lands torn apart by separatists' movements. They were united by the monstrous waves through horror and tragedy. All their underground mines were washed aside now floating in the sea, God alone knows to where? And who will be the next victims of those floating tsunamis, time alone will tell. What really has been coming to my mind is how the very few directly and indirectly preside over the destiny of billions around the world. By this I mean the manner in which the beliefs and attitudes of the world leaders impact worldwide. They too are like tidal waves of another magnitude, no less malign or benign! How much do these individuals really know this, is an analysis worth making... How much are they concerned with likely impact on others, and if that is a matter of worry and consideration for these kind? Or is their own national interest and survival alone the foremost priority needs at any cost? What I am trying to arrive at is, what is the one thing that, 'We the People' from around the world be focused on, globally, in the New Year ahead? Can there be one such thing to begin with? I do believe there can be one. And that is the 'Right to Peace' of 'Us the People'? Anywhere, in any part of the world? And while we expect from our leaders to be held accountable for this, we begin with our own selves, anyway, wherever we are? I have a proposal for individual plan of action which, collectively, will make communities of peace? Or these could at least resist violence not by violence but the power of peace. I herewith suggest '20 Key Steps' to build peace, within oneself and around. These, if practiced, may certainly create harmonious environments and islands of peace, where tsunamis of violence could be kept away, or detected early on. Here are the keys.
Practice. Practice. Practice. And be aware of each day of what one did. And then evaluate time to time, without waiting to do so at the end of the year. You may consider mid-course corrections. Then at the end of 2005 check out how it worked. If practiced with discipline and regularity, it is bound to give peaceful results. This is both our right and duty, both for ourselves and others! Happy and Peaceful New Year
ahead. |
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Lohri spirit stretches across all seasons by Humra Quraishi Bonfires getting lit with much enthusiasm as Lohri gets
celebrated. All along, I was under the impression that its a seasonal
festival. Dr Mohinder Singh of the Institute of Punjab Studies speaks of this
particular legend connected with Lohri which stretches across all seasons.
According to him, it s associated with Dullah, a Bhatti Muslim, a Robinhood
type of character who lived in hideouts in Punjab's forests. One day he was
approached by a poor Brahmin to save the honour of his young unmarried
daughter whom the local Governor wanted to take in his harem. Unmindful of the
consequences, Dullah Bhatti came to the rescue of the Brahmin and his
daughter. With the help of his band of highwaymen, he challenged the armies of
the Mughal Governor and succeeded in saving the honour of the girl. And then
arranged her marriage by raising donations from Hindus and Muslims of the
neighbourhood. In Punjab of yesteryears, boys and girls used to collect
firewood and money from door to door singing the popular Punjabi song of Sunder
Mundrey, Tera Kaun Vichara, Dullah Bhattiwala (Oh, young beautiful Sundri,
who is going to protect you, Dullah Bhattiwala). The latter is a symbol of
Hindu-Muslim unity in Punjab.
Focus on women photographersMohini Giri of Women's Initiative for Peace in South Asia (WIPSA) gets women of the subcontinent for an annual meet (Jan 16-17). A photo exhibition 'Singular Medium, Multiple Frames' is also lined up. These photos, clicked by women photographers, will be inaugurated by Homai Vyaravalla, a pioneer in the field. Giri's choice of the venue is offbeat - the Italian Cultural Centre. Lying in the heart of New Delhi's diplomatic area, it is known for the in-house caf`E9 and cuisine it serves. There is an ongoing film flow from the cultural wing of the French Embassy. Beginning of the month saw a film festival titled "French films during German occupation". And now there's an ongoing festival of the so-called comedy films. In the Alliance Francaise, evenings are booked for dance performances by the French dancer and choreographer Michel Kelemenis. On Jan 15, the French rock concert "Matmatah" will be held at the lesser congested venues, The Garden of Five Senses, on Mehrauli-Badarpur road. British Council Director Edmund Marsden and spouse Megan are hosting a reception in honour of British artist Roderick Buchanan. They have made special arrangements for parking. "When you reach the British Council, you will see signage directing you to parking slots", reads a note with the invite. A very thoughtful gesture. Thank you British Council! Book on health sectorSubhadra Menon's book "No place to go" (Penguin), released here this week, is perhaps one of the first books which highlights the health scenario in the country and the infrastructural availability. Menon has gone into details of the health
sector in the country. After all, she is not only a doctorate in reproductive
ecology but also a writer on health and science for almost two decades. |
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Dixit worked too hard to promote Indo-Pak relations by David Devadas
The
death of J.N. Dixit last fortnight not only created a void in the national security apparatus but also affected the negotiations with Pakistan over Kashmir. One of the first tasks Dixit addressed himself to when he took over as National Security Adviser last summer was the secret talks that his predecessor, Mr Brajesh Mishra, had engaged in with his Pakistani counterpart — on behalf of the heads of their governments. It was reported that the two met secretly a few times in Amritsar and that a rapport had been established. It is a tribute to Dixit that, despite his no-nonsense approach, the Pakistanis had apparently developed a measure of confidence in those talks. Mr Brajesh Mishra told me a few weeks ago that he too had made it amply clear that there would be no redrawing of boundaries. However, it does seem that the impression had been allowed to go around that he might be prepared to negotiate a change in the status of the Kashmir valley — the inclusion of which into Pakistan most Pakistanis have since the beginning of that country's existence held very dear to their hearts. On the other hand, no less than Prime Minister Manmohan Singh — and no doubt on Dixit's advice — publicly stated a few months ago that there could be no redrawing of boundaries between the two countries. That was Dixit's style. He spoke from his heart, never mincing words. And though his candour often caused those with whom he dealt to blanche, they generally came to realise the value of dealing with a man who said what he meant. The other side of the coin was more vital: that he meant what he did say. They could count on whatever he undertook. His advantage, of course, was that he knew Pakistan well, particularly in the context of the Kashmir issue. Indeed, he had been India's High Commissioner in Islamabad when the insurgency erupted in 1989-90 and so had been directly responsible for monitoring what was afoot. His extraordinary intelligence and firmly anchored confidence in India's destiny allowed him to dispassionately analyse a situation that could easily have flummoxed a lesser person. Dixit told me many years later that the Pakistan Army's much vaunted exercises, codenamed Zarb-e-Momin — the biggest peacetime exercises that that country had ever undertaken — had been a fiasco. Though South Block was extremely uneasy through much of the first half of 1990 about the mobilisation close to the Indian border that those exercises had caused, Dixit learnt in Islamabad that the Commander of the Corps that was supposed to act as the Indian Army had outflanked the other Corps — which had been meant to win the battle. When he returned to New Delhi to become Foreign Secretary, Dixit — along, of course, with his boss, the late Prime Minister P.V. Narasimha Rao — spun out a masterful strategy with regard to Pakistan. They simply ignored it. Pakistan was adept at dealing with all kinds of Indian strategies but its leaders and mandarins were at a complete loss to deal with contempt. Meanwhile, the Rao-Dixit duo concentrated on building India's position where they believed it belonged: centre-stage in the world. It is a tragedy that Dixit has gone so suddenly. He worked far too intensively, his mind constantly churning with ideas to promote the national good. The last time I spoke to Dixit was late on a weekend morning. He picked up the phone groggily and explained that he was trying to use the weekend to catch up on sleep. I had wanted to ask for an interview but never called again, since I sensed that he was working far too hard and needed to be given as much time to himself as was possible. Clearly, however, that was too much to wish for, given the tremendous pressures of the work he so reveled
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This truth the Veds, Purans and Smrities acclaim, within whose hearts the Lord installs a ray of Name, Words speechless stand before their glory’s dazzling flame, in company of the folk who for Thy darshan yearn, save me, O Lord, To Thee, I. Nanak, humbly turn. — Guru Nanak When a king invites his kinsmen and friends to pay homage at his court, he must receive them with due honour. When honour is smitted, a friend becomes an enemy. — The Mahabharata  |
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