EQUAL INHERITANCE AS INTENDED BY HSAA AND THE REALITIES OF ITS IMPLEMENTATION: EXPLORING THE TRADE-OFF BETWEEN INHERITANCE AND DOWRY Annual World Bank Conference on Land and Poverty, Washington DC, March 14-18, 2016 Udita Chatterjee, Landesa-India

2 Key Question What are the tradeoffs between inheritance and dowry and how does this impact a woman’s right to equal inheritance under the Hindu Succession Amendment Act, 2005?

3 Literature Review -Women in India face unequal access to resources -Women lack awareness about land inheritance laws and their rights to land -Control of land continues to remain a male domain in accordance with patriarchal norms -Dowry is seen as rightful share of parental resources for daughters -Brothers are resistant of sisters inheriting parental land -Women do not want to inherit land for fear of straining relationships with brothers -Women in India face unequal access to resources -Women lack awareness about land inheritance laws and their rights to land -Control of land continues to remain a male domain in accordance with patriarchal norms -Dowry is seen as rightful share of parental resources for daughters -Brothers are resistant of sisters inheriting parental land -Women do not want to inherit land for fear of straining relationships with brothers

4 Research Methodology Qualitative Research: Conducted with mothers of adolescent girls to explore how mothers think about inheritance for daughters and what plans they are making for their marriage including dowry Research conducted in 2 districts of West Bengal – Purulia and Nadia Respondents were mothers of adolescent girls participating in the state’s adolescent empowerment program, initially piloted by Landesa The caste composition of the participants was mainly SC and General, some were Muslim 7 Focus Group Discussions were conducted – 4 in Purulia and 3 in Nadia. 10 Semi-structured Interviews were conducted with mothers Content Analysis was done on transcriptions of FGDs and Interviews

5 Description of sampled districts The map shows two selected districts for the study - Purulia and Nadia. Purulia and Nadia have different socio- economic and demographic characteristics. The map shows two selected districts for the study - Purulia and Nadia. Purulia and Nadia have different socio- economic and demographic characteristics. West Bengal

6 Customary Inheritance: also known as ‘patrilineal inheritance’; ancestral property passes down the male line. The rationale behind this practice: Daughters become part of a separate household bringing no economic benefit to their natal households. Daughters have no right to the parents’ ancestral property as parents spend a significant amount of money on their daughters’ marriage expenses, including cash dowry. In case of sons being there in the family we don’t give anything to our daughters for we will pay for her dowry at marriage and oblige – FGD, Murguma village, Purulia Customary Inheritance: Dowry

7 Daughters taking share of parental property will face friction with brothers and their wives and will not be welcomed at her parents’ place and eventually relations will break- familial bonds are more important to daughters than their share of parental property: If the girl takes a share then we break all ties with her. Who will welcome her at her parents’ place? A girl needs to come to her parents’ place so in order to avoid these things she doesn’t take any share in the property. – FGD, Ghagra village, Purulia The girls don’t want to loose this right [right to visit their natal home] and [therefore] maintain a good relationship with their brothers so [they] don’t take share of the property. – FGD, Bakurdh village, Purulia Customary Inheritance: Social Bonds

8 Land Inheritance to sons associated with care for parents The girls give [land] to their brothers only. Who would take care of their parents? The girl will not take [her parents] with her to her in-laws place. Since the boy has to take care of them and maintain all other formalities with their relatives, … the girl doesn’t get any share in the property. – FGD, Ghagra village, Purulia Customary Inheritance: Family Commitments & Care

9 For women land has greater value than dowry. The value of the land is far greater for I have something in my name and I would not have to think that I am worthless. –FGD, Murguma village Women are empowered by having their name included on the land title. Suppose after marriage something goes wrong, and the girl returns to her father’s house where she remains as a burden but if she had a share in the property then she would have strength in her…like nobody can throw her out from the house. – FGD, Murguma Village Including women’s name on title decreases vulnerability of daughters. She would have a right over the land and feel safe. Even if she doesn’t have anything but the land she will live in the house and work on the land. – FGD, Murguma village Equal Inheritance: Value of Land verses Dowry

10 Some women are aware of equal rights for their sons and daughters We know that girls and boys both have equal share in the parent`s property. A girl definitely has a right; I have heard it in the court. – FGD, A-5 Colony, Kalyani, Nadia The Revenue Inspectors ask for all children to be present and tell us about the equal right for both boys and girls. The RIs come here from Kashipore office. – FGD, Bakurdih village, Purulia Equal Inheritance: Girls’ Empowerment

11 Need more research to understand the complex relationship between inheritance and dowry A Baseline Survey is being carried out in five districts of West Bengal to understand girls’ and their mothers’ perception surrounding gender, land ownership, livelihood, asset creation and inheritance. Need to conduct qualitative research to get a deeper understanding of the intersections of girls’ age of marriage, dowry, asset creation, land ownership and inheritance. Further Investigations

12 Customary inheritance is still widely practiced with the effect of daughters not having a share of the natal property Government Programs on Adolescent Empowerment aim to increase the girl’s agency to continue education, create assets and claim inheritance. Future programs will involve parents, boys and the community towards girls’ economic empowerment Conclusion

13 Thank You