JSAWS Vol. 2, No. 2 - January 1996 - ISSN 1085-7478
Enrica Garzilli
garzilli at shore.net
Sat Jan 27 16:03:06 UTC 1996
We are very pleased to announce that the *JOURNAL OF SOUTH ASIA WOMEN
STUDIES*, VOL. 2, NO. 1 (JANUARY 26, 1996) -- ISSN 1085-7478
has just been distributed to our members via email (jswas at shore.net).
It will be published in our WWW pages
(http://www.shore.net/~india/jsaws/) in a few days.
CONTENTS:
- Note from the Editor
- How to submit a contribution?
- Copyright Notice
- News
- The Kyoto-Harvard Transcription
- Paper: *StrIdhana: To Have and To Have Not*, by Enrica
Garzilli
- Directory Email Book (DEB)
* * * * *
STRIDHANA: TO HAVE AND TO HAVE NOT
by
Enrica Garzilli
Abstract:
The paper is a survey and an analysis of Hindu women's rights to
property (strIdhana) in India. The first part deals with the
connection between Indian dowry and property. In fact, dowry has
been for centuries the only property of Hindu women. The second
part is a diachronical study of the law according to the
traditional Hindu law-books, the dharmashastras. The
interdependence between dowry, considered for centuries as a
substitute for inheritance, and inheritance itself has also been
investigated. The most authoritative Indian law-books from the
Manavadharmashastra (2nd-3rd A.D.) until the Hindu Succession
Act of 1956, and some major commentaries and digests on them,
have been considered. The third part of the study focuses on
the legal fracture between the concepts of property and strIdhana
under the British rule. The English misinterpretation of the
traditional law allowed women to have full property rights only
with certain restrictions and only when still alive. The third
and fourth parts of the paper analyze the Hindu Women's Rights to
Property Act (1937) and the Hindu Succession Act (1956). In the
last part there is an attempt to answer a few questions that come
from the study.
* * * * *
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Thank you.
Enjoy the reading!
Dott. Enrica Garzilli
Harvard Law School
Editor-in-Chief
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