Gender Equality and Property Rights: A Constitutional Perspective in India

Abstract

Property rights are central to socio-economic empowerment, and in India, gender equality in property ownership has been a long-standing concern. The Indian Constitution guarantees equality and non-discrimination on the basis of sex, but women’s rights to property have historically been restricted by patriarchal customs and personal laws. This article examines the constitutional perspective of gender equality in relation to property rights, analysing relevant provisions of the Constitution, judicial pronouncements, and legislative developments. It highlights the progressive role of the judiciary and reforms such as the Hindu Succession (Amendment) Act, 2005, while also addressing the persistent challenges faced by women in realizing equal property rights.