(1.) Men and women historically were born equal. However, over a period of time, with the advancement of civilization and hierarchical division of society, women have been pigeonholed according to gender roles which progressed into an act of prelation that has relegated them to a secondary position in society. Consequently, the once egalitarian society became a breeding ground for chauvinism and discrimination in the form of Sati, Child Marriage, Sexual Harassment, Domestic Violence, Dowry Harassment and such like disparages. Legislature has time and again, brought forth reforms to overcome this bigotry and free women from the shackles of such specious fetters devised by mankind thereby enabling her to achieve her full potential and march shoulder to shoulder with men.
(2.) Despite robust legislations, real change has been slow due to the pervasive ambivalence and deeply ingrained stereotypes. This is where Courts assume significance for facilitation of implementation of the laws resulting in actualisation for the stakeholders. This has been true, especially in the laws conferring rights to women. It is known that though the right of women to own property came to be recognized under the Hindu Succession Act, 1956, the grim reality is that women were compelled, by their circumstances and family members, to forgo their rights in property. The tenacious role of Courts in upholding such rights of women has propelled them to agitate their long overdue entitlements, making Courts the game changer.
(3.) Similarly, the Amendment of 2005 to the Hindu Succession Act, 1956 which has conferred coparcenary rights to the women, equivalent to that of men, is a quintessence of another reform in law relating to women empowerment. However, the unwavering certitude in marginalisation of women, so deeply entrenched in Society, is perceived to be imperilled by the prospect of a woman taking the position of Karta in an HUF, a role that was traditionally assumed by men.