Women's Land Ownership Rights in India?

Hey there Dhanya,

We live in a continuously progressing country, but when it comes to women's land ownership rights in India, we lag way behind. I say so with experience. I am a single mother and I was looking to buy land in Bangalore. During the process of land registry and other legal processes, I realised how crucial it is for women to understand their land ownership rights in India.

Women's human rights to proper housing and land continue to be systematically denied in many parts of the world, including India. They are illegal in law, but even more so in practice, resulting in a slew of human rights violations and depriving women of fundamental survival resources. Women's incapacity to access, use, and manage housing and land not only perpetuates poverty, but also maintains and relegates women to a social and economic subjugation within their families, communities, and civilizations.

The current status of women's land rights in India: 

• In many countries, statutory law, rules, and regulations, particularly those relating to women's position, legal ability, inheritance and property rights, family life, and equality within marriage, remain gender-blind and occasionally discriminatory. Women's human rights, particularly their ability to access, own, acquire, control, administrate, or otherwise use land, are harmed by laws governing marriage, divorce, widowhood, inheritance, and family ties.

• Discriminatory customs have been raised, particularly in circumstances of legal pluralism where customary or religious law is legally recognised by the state but CEDAW compliance is not guaranteed. Harmonisation of statutory, customary, and religious law is critical, particularly in the areas of family law and property rights.

Importance of Land and Housing Rights for Women

Land in particular is important for women because they depend on it for food, nutrition, and income security. 

• Women are economically empowered when they have land, and their ability to confront social and political gender injustices is strengthened.

• The realisation of women's housing and land rights is inextricably linked to the realisation of a number of other human rights, including the rights to food, water, work/livelihood, health, and personal and domestic security, and has a wide range of implications for their social and economic security and empowerment.

• Women's security, health, livelihood, and overall well-being are all directly linked to the realisation of their basic right to adequate housing and land.

• To challenge and change female power structures and patterns of gender inequality, it is critical to ensure that women have access to and control over crucial resources such as housing and land.

• Women's rights to appropriate housing and land are ultimately secured, giving them more control in all aspects of their lives.

These are some major points I noticed about women's land ownership rights in India.