The Hindu : National : Bill to amend Hindu Succession Act introduced

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Tuesday, Dec 21, 2004

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National

Bill to amend Hindu Succession Act introduced

By Our Special Correspondent

NEW DELHI, DEC. 20. The Government today introduced the Hindu Succession (Amendment) Bill, 2004 and the Prevention of Child Marriage Bill, 2004 in the Rajya Sabha. Both the Bills were introduced by the Law Minister, H.R. Bhardwaj.

The proposals in the Hindu Succession (Amendment) Bill, 2004, are based on the recommendations of the Law Commission in its 17th report on "Property Rights of Women: Proposed Reform under the Hindu Law."

Removes discrimination

The amendment seeks to remove the gender discrimination in Section 6 of the Hindu Succession Act, 1956, by giving equal rights to daughters in the "Hindu Mitakshara Coparcenary Property," such as male heirs have. Section 23 of the Act does not allow a female heir to ask for the partition of a house wholly occupied by a joint family, until the male heirs choose to divide their respective shares therein. The Bill proposes to omit the said Section so as to empower female heirs.

The Prevention of Child Marriage Bill, 2004, is based on the recommendations of the National Commission for Women (NCW) and the National Human Rights Commission. It empowers State Governments to make rules to prevent child marriages and appoint Child Marriage Prevention Officers for implementation of the Act. It has a provision to declare child marriage as void, to provide for the custody and maintenance of children born of child marriages and to make the offences under the proposed legislation to be cognisable for investigation purposes.

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