Fighting for their Families: A Landmark Victory for Women’s Rights in India

By Devon Fitzgerald

In a landmark case for women in India and equal rights on the global stage, an unnamed woman in New Delhi fought and won a case against her cousin brother (or male cousin) for the position of head of her joint family.

The ‘Karta’ is the head of a joint (or undivided) family, a common family structure in India comprised of multiple generations. In the context of traditional American family structures this would include grandparents, parents, aunts, uncles, siblings, and first cousins. The managerial position within this structure is reserved for the eldest male member of the joint family. This is especially important in regards to families who own businesses. The Karta makes decisions for the greater good of the family -- especially in regards to family maintenance and account keeping.

The family’s conflict began when the woman in question’s father and three uncles passed. As the eldest child of the eldest son, she felt she had the right to inherit this coveted position. However, the eldest son of a younger brother, by virtue of his gender,was technically next in line.

Still, the woman brought her case to the high court in New Delhi to test the limits of the standing law regarding joint family management.

The Hindu Succession Act was amended in 2005, granting women equal rights to inheritance. Based on this amendment, the high court in Delhi ruled in favor of the woman, arguing that it was hypocritical of the law to give equal rights to women in regards to inheritance of their joint family, but not the management of it.

The court’s Justice Najmi Waziri agreed, writing, “If a male member of a Hindu Undivided Family (HUF), by virtue of his being the first-born eldest, can be a karta, so can a female member.”

This ruling is a victory for women everywhere. The lack of coverage of this particular case leaves many unanswered questions. Mainly, what encouraged this unnamed woman to take her case to court? Was it the contrasting codification of the changing equal rights climate in India? What makes people question the longstanding norms and traditions all over the world? Where will these changes be made next? While women’s rights activists may still be unsure about the future of equality in India, they can find hope in the courage of this woman. Not only was she was willing to stand up to her family, but her passion pushed her to fight an unfair system which has treated women as second-class citizens for centuries. Where there may be uncertainty in what comes next, there is certainly solace in this small step towards equal rights under the law.