Female Land Entitlement

Female Land Entitlement

Summary By: Alison Ridington, Research Assistant, TSEDEQ

April 2005

Questioning Women's Solidarity: The Case of Land Rights, Santal Parganas, Jharkhand, India, Rao Nitya, Journal of Developmental Studies, 41:3, 353-375.

Property ownership has come into question as more and more men migrate into urban settings looking for less labor intensive work, and the women remain with the rural homestead. Women have begun to question their ownership and entitlement to the land, since they work it. Though not all women have ownership questions, with the rise of feminism and women's employment, there is increased interest in joint entitlement and ownership with this new generation.

Over 18 months two Indian villages were studied. Among the rural villages one was in Chuapara, a remote village. The other was in Bagdiha, a more affluent village that has urbanized and has issues with the constructs of the caste system.

The main struggle with land is inheritance, from the eyes widows, daughters, or kin. Most of the struggle is when a woman would receive land over a brother or male cousin. In a tradition called Taben Jom, a daughter would receive land as a wedding gift. This practice has decreased with the loss of land due to the growing land market. Another case of women preceding men is Gharjawae, a practice where the daughter receives the land of a deceased father since there are no male heirs. In this case the husband submits to the wife's land and gives up his personal property. If the male supports this custody, then this is a successful way of land cultivation. Many problems arise with this inheritance, since many male kin feel they should have received the land, and many times fight the daughter or drive her out of the village. Though some are driven out, many women fight for their land and the court has prepared a statement pronouncing the full inheritance of land for daughters.

Widows have a plight ahead of them with every choice they make. The land ownership depends on the gender of the children they have, or if they do not even have children. It also depends if she decides to remarry, which is preferred in the late husband's family, since she loses all ownership to land. The widow receives sole ownership, in the place of the husband until the son, if there is one, becomes an adult, which moves to co-ownership

Positively, some men will support women's claims even when they have male opposition. Through this women are able to go to court and expect a more effective outcome. The diminished resistance of males leads to a diminished level of poverty among women.

In many situations women feel they do not have a voice and submit to their husband's demands, like in the cases of polygamy. The first wife will be given more land as a reward for her submission to her husband's desires. Through a support network, other women can help create alternatives to polygamy. Women now are seeing the importance of land ownership. Women are encouraged to fight for co-entitlement to land, so in case of death, or divorce they have land to fall back on. Through this, female poverty will decrease, women will have a source of income, and the benefits of women's labor will not all accrue to husbands. Village women have goals and want a sense of gain, but fear the reactions of the community. Community can be built to approach the situation. Through a support network prosperity will come in women's aspiration for joint land entitlement.


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