Equality in Inheritance

The Hindu Succession Act, 1956 ("The Succession Act") is a personal law that was enacted in the year 1956 to consolidate the customs and laws around the succession of the property of a Hindu Family, especially in cases where the eldest family member dies without leaving a will.

The family system in India has primarily been a joint family system wherein all the members of the family usually share the wealth of the family. The  pushtaaini property is known as coparcenary property and the same is minded by the "Karta" of the Hindu Family, better knows as the Patriarchal Head of the family. The entire family unit is like a company where the family members are like the board of directors and the eldest patriarch is the Managing Director. For the uninitiated, the company also has a title and can be registered as a HUF e.g: A ABC HUF (meaning a ABC Hindu Undivided Family). This HUF has its own identity and also has its own PAN Card. It can make investments also. And if any thing goes wrong, or some one needs to be implicated it is the Karta of the HUF. And once the Karta dies, the family has a choice to either continue with the HUF or dissolve the same, after each one of them gets their inheritance rights from this HUF. This inheritance of the coparcenary property is governed by the Hindu Succession Act, wherein it states that unless it has been agreed otherwise between the HUF members, the property will be divided as per the schedule that is in the Succession Act. That schedule is quite complicated and I am absolutely not going to say anything about that here.

In the above background here are some facts.
It was in the Hindu Succession Act, 1956, where the rights of the daughter were curtailed, and a daughter would not be considered as a part of the inheritance as per the rules of succession and a married daughter had very little to no right in the coparcenary property. [Trust me this was super complicated, and I made it super easy].

But in the year 2005, this complicated Hindu Succession Act, was uncomplicated and amended to state that the daughters (whether married or not) had an equal right in the coparcenary property of a Hindu Family. Which simply means that if the father dies leaving behind a coparcenary property and he is survived by his widow, one son and one daughter, then each of them will get an equal share in the property. [Please note that here the assumption is that there are no other relatives involved in the same].

This was about the property and the inheritance. However, just by giving the daughter a seat on the board was like having a silent partner, and the patriarchal fabric of the hindu family still existed in the society. There was always a question hanging in the air about the real position of the daughter in her own family.
It is considered that once the daughter has been married she belongs to the other family. One fails to understand why can't the daughters have the privilege of being there for both her families?

Therefore in what can be called as a Landmark Judgment, the Delhi High Court in a matter has finally clarified the Law and has stated that there is no bar on a daughter from being a Karta of the family and if the daughter is eldest in an HUF then she has the right to not only manage the estate of the HUF but also the rituals of the joint family (which means that the daughter has the right to perform all the religious duties that earlier only a son was allowed to do).

This is a superb judgment and a giant leap towards the closing of the gap between the gender inequality.

Bombay 3.0

And it begins again!

The third year in the city of dreams was realised with some drama and a Party. We had just returned from a super awesome trip to Lakshadweep and Chirstmas and New Year were brought in with the retirement of the FIL. It was a chocobloc calendar of house guests and exhausting office politics. A deadly mix of in-laws from Calcutta, my dog and my parents! (One can only imagine the lengths that we had gone into to ensure that my baby doggie and my mom aren’t face to face! Dad met her and was pretty overwhelmed with her jumping capabilities!)

So in total Punjabi style, the Retirement Party preparations began. There was obviously a dance performance that was to happen, and with the Husband’s cousins and my own baby sister we prepared two songs in like less than 72 hours. There was a lot of food that was being cooked in the house, and I had no idea what was happening when and how! Eventually, on the day of Party after getting all the girls ready, I managed to get ready and be there on time (quite a feat for me!).

There were a lot of emotional speeches, and there was one “super drunk husband” speech, which I think is going to become a legendary running joke in the family. Oh, and in case you all were wondering, there was alcohol and a DJ at the party and you can conclude that the party was more Punjabi than Bengali!

Once the Party was over, all gifts opened and the guests seen off, the reality of what had happened came down to hit us hard. We had less than 2 months to hunt for a house, to move in and get settled. All the while struggling with the major set back on the career front.

The ex-I- Office had become a hell hole with the looming cloud of negativity. While, I had a set of my girls and some really great friends at office in general, the bosses were being bitches and honestly speaking all we could talk about the whole day was “how shitty was shetty today”. Of course, in all true honesty, Shetty did not like me, and that meant a fuck all appraisal with no real salary increment and the negative attitudes, it was but obvious that I shall be looking to change. And change I did, to a law firm called TLP.

All the law firms are in Nariman Point. And hence I am now in Nariman Point. We have moved houses towards the northern suburbs, and that means I am travelling three hours each day to and from work.

Really, what did I expect out of the third year in this city?

Considering that it is the city where dreams come true, I can with utmost confidence say that so far as the career related dreams go, I have been cheated. Thrice, now.

Okay, I am in the teetrhing period of the new job, but then, it seems that, instead opf growing, I am getting more confused with my career choices. My shrink had told me that there are no guarantees in this world, especially in the job world, and now with renewed hope that eventually dreams will be realised, I get up at 6 am and trudge to work!

So, the third year starts.

Defining Justice

For the last couple of days, our Judicial system has been the center of the storm.
Getting the ire of the media and the big corporate houses with respect to the judgment on the 2G scam, wherein the Supreme Court has been told that they have over reached the powers that are granted to them.
Then there is the Maria Susairaj case where again the judicial system was condemned, for releasing that girl for being an accomplice to the murder.
Then, there is the ever impending matter about Ajmal Kasab being the guest of the country.
The latest in the list being the reduction of a sentence of a low class laborer who sodomized a 10 month old girl. I came across the controversy on Bikrams' Blog.
I read the article in the Indian Express and finally, through my own research found the judgment that was pronounced by the Mumbai High Court.

This blog post specifically answers certain averments that have been put on the lawyer (s) who fought the case for the accused, and some of the general gyaan that the general junta should know about how the criminal justice works in our country.
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The Judgment, the text of which you can read online, simply states, that they have upheld the conviction of the Accused. The only thing being that, they have reduced the sentence from 10 years to 7 years, RI. RI meaning rigorous imprisonment.
And, just so that you all know, a judgment, unless there is no settled law or previous judgment do not give in to the bald arguments of a lawyer.
If you see the judgment, there is a previous judgment that is relied upon by the court to lower the sentence. Further, the reason was because of the 'perversity and deprivation' of the mind, and not because he was 'lonely' as alleged by the newspaper.
There is a difference between a submission that is recorded in the judgment and what the judgment really states. I am appalled that newspapers misquote like anything.
Further, it is imperative to note that the judgment records the fact that, the trial court was aware that the accused had a family back in Uttar Pradesh and that by no means it meant that it should have been the reason for a lenient sentence. But, it was important that a proper perspective be given while passing any judgments/ orders.
And he agreed with the position of law as explained in the case that was cited.

There is no where, where he has said that, what the accused did was right. Just because he set off the sentence with the amount of punishment that the accused had already under gone does not make this judgment wrong.

Of course, if the family is not happy, they can always go in appeal. But just so that you know, that poor baby was 10 months when this happened to her. She would now reasonably be almost 7 years. Through the entire proceedings, she must have been traumatised, considering she wouldn't have really remembered what happened to her then. So just remember you are not fighting for a 10 month old baby.

Here is the thing about our Criminal Judicial system:
1. It is largely based on the principles of Natural Justice, wherein, a Criminal is not considered is always considered to be a non criminal till proven otherwise.
2. The reason why the laws are so strict about the criminal justice system are, so that, an innocent is not put behind bars *YES, there are n number of cases wherein, an innocent is behind the bars*
3. And, there is the reformative aspect of the criminal justice system that we have adopted in India, wherein, if it is the first offence, the punishment should be such that it does not end up hardening the criminal, but instead makes him realise that he has done wrong and that he has to reform. *I hope you all remember that Tihar is one of the major models for this system*

And lastly, whenever we are wronged in any way, we cry ourselves hoarse preaching about the fundamental rights.
The same fundamental rights guarantee that, each and every accused has the right to be represented through a lawyer. And in case he cannot afford a lawyer or doesn't know of any, then it is the duty of the State to provide a lawyer for that person to ensure a fair trial.

To answer you, Bikram, if you read the judgment from the top, you will see that the lawyer for the appellant was appointed.
And, when we get ourselves enrolled as Lawyers, we are governed by the 'Advocates Act' wherein it is our duty to do any and every case that comes to us. We are NOT allowed to say NO to it unless there is a conflict of interest. *By conflict of interest it means that, if you have appeared for the other side before, you can't appear against them.*

Just like it is the duty of the doctor to save lives, irrespective of the fact that the person on his table is a serial killer, similarly, a lawyer irrespective of the moral turpitude that may go inside him, he has to do his duty. And mind you, we cannot sabotage the case of our Clients. That goes against our ethics.
Believe it or not, all lawyers in their lives defend criminals and fight against them too. You cannot take a case based on your emotional assessment, it has  to be assessed based on the facts of the case. Whether, morally you approve of it or not.

We lawyers are called by various names, including being called as crooks, but just like everyone else, who sit on their desks and type codes, attend meetings.. we do our duty bound by more rules and regulations than what you can imagine.
We ADVOCATE, we put forth what a person has to say based on the laws of the land.

And as far as a judge is concerned.. they are highly educated and people with more experience in the field of law than what you cant even imagine. They too cannot go beyond the certain jurisdictional restrictions and above all the restrictions placed on them by the laws itself.

The Courts of our Country our bound to serve the society, but there are the laws of the land that have to be followed, because no one in our country is above law, not even the PM. And, these courts are also the custodians and protectors of the Constitution, that helps running the Country. It is the bible on which the laws are made, and a place to look when you require interpretation on ANY law.

Saying what I have said, that does not mean that I endorse what the accused has done. I think that the quantum of punishment for such offenders should be very severe, but that does not mean that a trial be done with biased heads and punishment be awarded without weighing the pros and cons and putting the entire thing in perspective.

It is even more appalling, that, we Indians, have no faith in any system. At least have faith in the Judicial System of our Country, wherein the Courts, ONLY think about the benefit of the society at large.

And you know, why this judicial system is clogged, because, of certain strata of the society who keep appealing every order that comes against them.

Justice never only means punishing the accused. There is a lot more involved in it.

In the end, I would like to iterate what I have said before, that, if the parents are not happy with the order of the Mumbai High Court, then they can go for a appeal to a larger bench and then to the Supreme Court. And, you all should remember that, that 10 month old baby is a 7 year old girl, and thanks to all the hue and cry, even if she is over the incident considering that she is was just an infant then, she will be forced to live through a hell that she never knew. 

Re: Solution

This post is a reply to a post titled 'Solution' and its concluding part, written by Uncle Jack. *I suggest that you read the posts in order to understand, why I decided to educate you all on 'Sexual Harassment'*

This is one of the many posts where Uncle Jack has described an illicit relationship outside marriage. Here, the poor girl, because of the circumstances at home was molded in such a way that she became an easy target for any one who wanted play around with her feelings.
Yes, I agree, that the parents- be it of a girl or that of a boy, need not be their best buddies, but should not become control freaks. Times have changed, and bad childhood often leads to disasters later in life. But, that does not give any leeway to the victim here.
Whenever in life there comes a point, where one has to make a decision, remember- YOU have the choice to make or to not to make this decision.
Coming back to the post- We see that, the girl was able to move on with her life after her bf from college breaks up with her, but then, gets caught in the cobweb of deceit and blackmail thanks to her own boss.

Now, this is a lesson that I have learnt through college and at work- There is ALWAYS a line as far as office is concerned. And, as a rule I personally feel that you should never EVER get involved with people from your workplace. Not only does it get messy for your personally, but professionally also, there is a good chance that you are signing your divorce papers with your success!

Now, girls, this one is for you-
If EVER a colleague and even your boss for that matter, does ANYTHING remotely sexual around you, including sharing a double meaning joke- It constitutes sexual harassment. And under the orders of the Hon'ble Supreme Court of India, EVERY office, has to have a sexual harassment committee and a complaint box, where the victim can go and complain of the sexual harassment. [Read the details here]
My reason for talking about this is, that often girls for the fear of reprimand and the societal pressures do not really do anything about the male colleagues crossing the line in your weak moment and then using that to leverage favors out of you.
THIS IS WRONG! And, the more we as women play this thing down, the more we shall be subject to this nonsense at work.
First and foremost- Avoid any sort of a meaningful relationship with a colleague. Yes you can be friends, but the moment you feel that, the friendship is becoming the one with fringe benefits, stop it right there. Please.
And if at all you feel, that you are being appreciated for all the wrong reasons, PLEASE put your foot down. Right there and then.
There is nothing wrong in looking pretty. But being taken for a ride because of being pretty is wrong.
Say it.  *And please, use the laws for your benefit and not as revenge tools!!*

See, we women are seen as mere tools for men. The reason being that most women are taught just that. The situation becomes worse when even the educated women also behave in the same way as the uninitiated in our country. Men need to change their mind set. But, they will only do that when they are forced to look at women with respect and as human beings with their own dreams, needs and desire!
And, I really want to add here, that all these bloody beauty creams, which advertise that a woman has to be beautiful in order to succeed and be confident makes a mess for all the people advocating feminism.
And to add fuel to fire, even though the entire nation knows from their history that earlier Indira and Sonia Gandhi have been the two of the MOST powerful women of our country, they are still unable to look at women like intelligent beings!
Respect comes, when we ask for it. Put our foot down at the wrong that is happening to us and the women around us. The moment we put our foot down, nothing and no one who we don't want can touch us.
And always remember just because you wear western outfits, does not mean that you are available!