What prevents women from inheriting agricultural land in India? A study of implementation of Hindu Succession Amendment Act 2005 in three states

Study Objectives: To capture what prevents women agricultural producers from obtaining land under inheritance? To capture women’s own perspectives on inheritance of agricultural land To understand what has changed if any in institutional process of inheritance, post 2005 To identify immediate actions

Study Areas & Methodology Three states: Andhra Pradesh, Bihar and Madhya Pradesh Focus: Women Agricultural Producers (WAPs) Irrespective of Caste Selecting top three districts, tehsils, villages where there is highest numbers women’s operational holdings Randomized samples of 480 women and 120 men of their families Key informants: Tehsilders, Revenue Inspectors, local government chiefs, lawyers, legal services authority (DLSA) In depth Interviews: 48 women specially selected 16 Case Studies of Women

Amendment to Hindu Succession Act Passed in 2005 Women are Coparcener Women can inherit agricultural land – From Parents – From Deceased husband Except land under Tenancy

5 Relevant Findings:

Findings from women and men Inheritance is most common way to obtain ownership Women’s ownership is dismal, very little change in generations Women want to own land; do not want to inherit Women have limited knowledge of ownership rights When women get land, its not equal share Brothers’ objection is more severe than parents The process of claim and pursuing is too burdensome for women The society and parents think dowry is the share of women’s inheritance Widows and women with no brothers have better chance of inheriting land

State Level Findings Administrative processes related to mutation are not gender sensitive Local governments have no clue of the amendment and their role about it Tehsilders are insensitive to gender issues Revenue Inspectors lacks awareness and instruction No change in Revenue codes to ensure women’s inheritance Tehsilders insensitive to gender DLSA (legal aid) does not include this topic

8 Highlights of Findings:

9 Recommendations: Revenue Codes must be re-written to incorporate gender concerns Staff of revenue administration must undergo training on the amendment and their roles to ensure compliance Madhya Pradesh’s practice of Gram Sabha endorsement may be replicated Andhra Pradesh’s Paralegal experience of pro-actively assisting the poor and women to resolve their land insecurity issues may be replicated Special village camp courts should be organized especially to encourage women to come forward and claim their rights Land Rights literacy for women may be incorporated as a national strategy

10 Thank you