A Thought Paper on Widows in India
The
concerns of widows can notbe dissociated from those of other single women, or
indeedfrom those of women in general. Widowsdo experience special difficulties
anddeprivations, connected with the restrictions that are imposed on their
lifestyle and the persistence of negative social attitudes towards them. In the
contextof social of social action, it is right to organise and support widows
in their specific demands (e g, relating to pensions, property rights and other
entitlements). One also needs to understand intimatelinksbetween the
predicaments of widows and a wide range of patriarchal institutions such as
patrilineal inheritance,patrilocal residences and the gender division of
labour. The cause of widows mustbe seenas an integral part of the broader
battle against gender inequalities.
According
to recent information, widows represent a little over 9 per cent of the female
population. The incidence of widowhood is lower in most of the northern states
than in south India.Thiscan be attributedto severalfactors,
includingstrongsurvivaladvantagesof adult females (compared with adult males)
in the south; a large difference between male and female age at marriage in the
south; comparatively high remarriage rates in the north; and high mortality
rates among north Indian widows. The incidence of widowhood rises sharply with
age. The proportion of widows is as high as 64 per cent among women aged 60 and
above, and 80 per cent among women aged 70 and above. In other words, an Indian
woman who survives to old age is almost certain to become a widow.
Widowhood has received very little
attention as a cause of deprivation. In India, the experience of losing one's
spouse is, overwhelmingly, a female experience. Further, the consequences of
losing one's spouse are very different for men and women. A widower not only has greater freedom to
remarrythanhis female counterpart, he also has more extensive property rights,
wider opportunitiesfor remunerativeemployment, anda more authoritativeclaim on
economic support from his children. Had the living conditions of widowers been
as precarious as those of widows, it is likely that widowed persons would have
attracted far more attention.
Using
data from the successive censuses, mortality rates are 86 per cent higher among
widows than among married women. Theseresultsconfirmthenotion that widows in
India experience particularly high levels of deprivation.
Patrilocality:The system of patrilocal
residence, which has the effect of isolating women, is a fundamental source of
gender inequalities in many parts of rural India and also plays a crucial part
in the deprivation of widows. Patrilocality in the narrow sense refers to the
norm, prevalent in most Hindu communities of India, according to which a woman
has to leave her parental home at the time of marriage to join her husband in
his home. In a broader sense, especially in most Hindu communities of north
India where marriage rules dictate marriage outside the clan and village,
patrilocality also can be understood to refer to the drastic alienation from
her parental family experienced by a married woman after her 'transfer' to her
husband's family
In many
cases, widows actually continue to live in their deceased husband's house.
However,widows are unlikely to share a common hearth with their husband's relatives.
And. in many cases where a widow does share a common hearth with a
parent-in-law,it is the widow who seems to be supporting the in-laws (e g, a
blind mother-in-law or disabled father-in-law) rather than the reverse.
Patrilineal
inheritance: A comprehensive treatment of the inheritancerightsof widows would
have to distinguish: (a) between statutory law. customary law, and actual
practice: (b) between the inheritance rights of widowed women as daughters and
as widows; (c) between ancestral and self-acquiredproperty;and (d) between land
and other property. Despite these complexities, what seems clear is that most
social groups in rural India follow customary law rather thanstatutorylaw
andthat,underthe current customarypracticesof mostpatrilineal Hindu
communities, women have very limited property rights as daughters but are
widely acknowledged to have use rights to (or maintenance rights from) a share
of their husband's ancestral land in the event of his death
In
villages, when a widow tries to manage the land on her own, without adult sons,
her brothers-in-law often insist on sharecropping or managing her land themselves,
or simply attempt to deprive her of her rightful share of the land (often
legitimising their claim by arguing that they spent money on her husband's
death ceremony and their children's maintenance). In their attempt to gain
control of her land, the brothers-in-lawof a widow may go so farasforcingherto
leavethevillage,oreven – inextremecases– arranginghermurder.
Once her
sons (if any) grow up, a widow may have to forfeit her use rights to her
husband's land in exchange for a right to maintenance by one or more of her
sons. Even maintenancerights,however, areoften uncertain. Remarriage practices:
Two stereotypes persistaboutwidow remarriagein India.The firstis thatwidow
remarriage is "prohibited" in Hindu society.The second is that widow
remarriage is widely practised. Reality lies somewhere between these two
extreme views: only the upper castes prohibit remarriage;most other castes
(except those emulating the upper castes) allow widow remarriage; some castes
(in certainregions) practice leviratic unions (remarriage to the deceased
husband's brother); but actual remarriage, outside of levirate, only takes
place in special circumstances. The basic pattern in most communities is that
most childless widows remarry, while most widowed mothers do not remarry.
Social
isolation: As was mentioned earlier, the well-beingof widows is
notjustaquestion of economic security, but also one of dignity, self-respect
and participation in society. Many widows suffer social isolation,
psychological abuse or emotional distress. The social marginalisation of widows
is frequently found to take one or more of the following forms: (1) Rumours and
accusations: widows are often accused of being 'responsible' for their
husbands' deaths, regarded as sexually threatening, and generally considered as
inauspicious.
(2)
Enforced dress and behaviour codes: many widows are under strong pressure to
observe restrictive codes of dress, appearance and behaviour. Some of the
traditional restrictions (e g, shaving of head) have become quite rare, even
among the upper castes, but others (e g, not wearing 'bindi' or kumkum) remain
widespread.
(3)
Social ostracism: a widow is often excluded from the religious and social life
of the community, due to her perceived inauspiciousness.
(4)
Physical violence: violence against widows primarily takes the form of sexual
harassment(young widows beingconsidered as sexually vulnerable and/or
promiscuous) orproperty-relatedviolence(becausewidows are seen as unwanted
claimants on ancestral property).
Of course,
not all widows face these types of mistreatment. Many older widows who live
with their sons (and their families) enjoy their respect and love. Some older
widows are happily integrated in their daughters' households. It is young
widows who are mostvulnerableto mistreatment, unless they have the support of
their parents or brothers
The issue
of property rights is exceedingly complex because the distribution of property
rights is governed largely by customary law rather than by statutory law. In
regard to statutory law.the Indian government has not been able to introduce a
uniform civil code. However, the Indian government has been able to
'secularise' much of Hindu inheritance law: the implications for Hindu widows
is that their inheritance rights have been extended from limited estate or use
rights (until their death) to full estate or ownership rights. However,
statutory laws cannot be easily enforced and customary law still prevails
across most regions and social groups in India.
A few other
suggestions for the welfare of widows that needs to be considered urgently by
the custodians and concerned stakeholders are:
(I) The
transfer of property should take place automatically and quickly after the
death of the husband: that is, the widow's name should be automatically entered
in the land records upon the death of the husband.
(2)
Further. if the husband's share of land is still held jointly with his father
and/or brother(s), mutation and partition of the holding should take place
simultaneously. The responsible tehsildar should be made responsible for
ensuring that mutation and partition take place.
(3) The
land registers or records need to be updated and routinely maintained in the
light of these recommendations.
(4)
Landless widows should be given priority when there is allocation of cultivable
land by the government.
(5)
Further, whenlandis allottedto married couples, it should be registeredjointly
in the name of both husbandand wife.
(6)
Modern legislation relating to the propertyrightsofwidows shouldbeenforced.
(7)The
Hindu Succession Act 1956 should -be amended to revoke the provision according
to which a man is allowed to will away his entire property.
(8) State
tenancy laws need to be reviewed for specific biases against women in general
and widows in particular.
(9) Land
reform acts need to be reviewed for specific biases against women in general
and widows in particular.
(10) The
state should intervene in cases of bigamy (because only the first wife can file
a suit against the husband) and of levirate (because enforced remarriage
through levirate is one way of depriving a widow of her property rights).
(1 1)
Awareness of modern law should be promoted, and women should be helped to
enforce their legal inheritance rights.
(12)
Research on the following issues should be undertaken:
- options available to women regarding inheritance and remarriage, and women's
various options;
- the working of the joint 'patta' system, where it has been introduced;
- customary practices, and how they interfere or interact with statutory
law;
- the gap between the theory and practice of law, and how the divergence
can be reduced;
- why women have internalisedthe notion of property rights as a male
right;
- the tactics used by others to deprive widows of their inheritance
rights, and the steps that widows can take to exercise these rights.
High
proportion of widows in Indian states
West
Bengal 65%
Karnatka 63.2%
Andhra
Pradesh 63.1%
Tamil
Nadu 60.3%
Orissa 60.2%
Pondicherry 67.7%
Low
Proportion of Widows
Nagaland 24.5%
Sikkim 32.1%
Haryana 36.5%
Mizoram 38.7%
Punjab 39.5% Source: Problems Of Widows In
India By P. Adinarayana Reddy
A Thought Paper on Widows in India
The
concerns of widows can notbe dissociated from those of other single women, or
indeedfrom those of women in general. Widowsdo experience special difficulties
anddeprivations, connected with the restrictions that are imposed on their
lifestyle and the persistence of negative social attitudes towards them. In the
contextof social of social action, it is right to organise and support widows
in their specific demands (e g, relating to pensions, property rights and other
entitlements). One also needs to understand intimatelinksbetween the
predicaments of widows and a wide range of patriarchal institutions such as
patrilineal inheritance,patrilocal residences and the gender division of
labour. The cause of widows mustbe seenas an integral part of the broader
battle against gender inequalities.
According
to recent information, widows represent a little over 9 per cent of the female
population. The incidence of widowhood is lower in most of the northern states
than in south India.Thiscan be attributedto severalfactors,
includingstrongsurvivaladvantagesof adult females (compared with adult males)
in the south; a large difference between male and female age at marriage in the
south; comparatively high remarriage rates in the north; and high mortality
rates among north Indian widows. The incidence of widowhood rises sharply with
age. The proportion of widows is as high as 64 per cent among women aged 60 and
above, and 80 per cent among women aged 70 and above. In other words, an Indian
woman who survives to old age is almost certain to become a widow.
Widowhood has received very little
attention as a cause of deprivation. In India, the experience of losing one's
spouse is, overwhelmingly, a female experience. Further, the consequences of
losing one's spouse are very different for men and women. A widower not only has greater freedom to
remarrythanhis female counterpart, he also has more extensive property rights,
wider opportunitiesfor remunerativeemployment, anda more authoritativeclaim on
economic support from his children. Had the living conditions of widowers been
as precarious as those of widows, it is likely that widowed persons would have
attracted far more attention.
Using
data from the successive censuses, mortality rates are 86 per cent higher among
widows than among married women. Theseresultsconfirmthenotion that widows in
India experience particularly high levels of deprivation.
Patrilocality:The system of patrilocal
residence, which has the effect of isolating women, is a fundamental source of
gender inequalities in many parts of rural India and also plays a crucial part
in the deprivation of widows. Patrilocality in the narrow sense refers to the
norm, prevalent in most Hindu communities of India, according to which a woman
has to leave her parental home at the time of marriage to join her husband in
his home. In a broader sense, especially in most Hindu communities of north
India where marriage rules dictate marriage outside the clan and village,
patrilocality also can be understood to refer to the drastic alienation from
her parental family experienced by a married woman after her 'transfer' to her
husband's family
In many
cases, widows actually continue to live in their deceased husband's house.
However,widows are unlikely to share a common hearth with their husband's relatives.
And. in many cases where a widow does share a common hearth with a
parent-in-law,it is the widow who seems to be supporting the in-laws (e g, a
blind mother-in-law or disabled father-in-law) rather than the reverse.
Patrilineal
inheritance: A comprehensive treatment of the inheritancerightsof widows would
have to distinguish: (a) between statutory law. customary law, and actual
practice: (b) between the inheritance rights of widowed women as daughters and
as widows; (c) between ancestral and self-acquiredproperty;and (d) between land
and other property. Despite these complexities, what seems clear is that most
social groups in rural India follow customary law rather thanstatutorylaw
andthat,underthe current customarypracticesof mostpatrilineal Hindu
communities, women have very limited property rights as daughters but are
widely acknowledged to have use rights to (or maintenance rights from) a share
of their husband's ancestral land in the event of his death
In
villages, when a widow tries to manage the land on her own, without adult sons,
her brothers-in-law often insist on sharecropping or managing her land themselves,
or simply attempt to deprive her of her rightful share of the land (often
legitimising their claim by arguing that they spent money on her husband's
death ceremony and their children's maintenance). In their attempt to gain
control of her land, the brothers-in-lawof a widow may go so farasforcingherto
leavethevillage,oreven – inextremecases– arranginghermurder.
Once her
sons (if any) grow up, a widow may have to forfeit her use rights to her
husband's land in exchange for a right to maintenance by one or more of her
sons. Even maintenancerights,however, areoften uncertain. Remarriage practices:
Two stereotypes persistaboutwidow remarriagein India.The firstis thatwidow
remarriage is "prohibited" in Hindu society.The second is that widow
remarriage is widely practised. Reality lies somewhere between these two
extreme views: only the upper castes prohibit remarriage;most other castes
(except those emulating the upper castes) allow widow remarriage; some castes
(in certainregions) practice leviratic unions (remarriage to the deceased
husband's brother); but actual remarriage, outside of levirate, only takes
place in special circumstances. The basic pattern in most communities is that
most childless widows remarry, while most widowed mothers do not remarry.
Social
isolation: As was mentioned earlier, the well-beingof widows is
notjustaquestion of economic security, but also one of dignity, self-respect
and participation in society. Many widows suffer social isolation,
psychological abuse or emotional distress. The social marginalisation of widows
is frequently found to take one or more of the following forms: (1) Rumours and
accusations: widows are often accused of being 'responsible' for their
husbands' deaths, regarded as sexually threatening, and generally considered as
inauspicious.
(2)
Enforced dress and behaviour codes: many widows are under strong pressure to
observe restrictive codes of dress, appearance and behaviour. Some of the
traditional restrictions (e g, shaving of head) have become quite rare, even
among the upper castes, but others (e g, not wearing 'bindi' or kumkum) remain
widespread.
(3)
Social ostracism: a widow is often excluded from the religious and social life
of the community, due to her perceived inauspiciousness.
(4)
Physical violence: violence against widows primarily takes the form of sexual
harassment(young widows beingconsidered as sexually vulnerable and/or
promiscuous) orproperty-relatedviolence(becausewidows are seen as unwanted
claimants on ancestral property).
Of course,
not all widows face these types of mistreatment. Many older widows who live
with their sons (and their families) enjoy their respect and love. Some older
widows are happily integrated in their daughters' households. It is young
widows who are mostvulnerableto mistreatment, unless they have the support of
their parents or brothers
The issue
of property rights is exceedingly complex because the distribution of property
rights is governed largely by customary law rather than by statutory law. In
regard to statutory law.the Indian government has not been able to introduce a
uniform civil code. However, the Indian government has been able to
'secularise' much of Hindu inheritance law: the implications for Hindu widows
is that their inheritance rights have been extended from limited estate or use
rights (until their death) to full estate or ownership rights. However,
statutory laws cannot be easily enforced and customary law still prevails
across most regions and social groups in India.
A few other
suggestions for the welfare of widows that needs to be considered urgently by
the custodians and concerned stakeholders are:
(I) The
transfer of property should take place automatically and quickly after the
death of the husband: that is, the widow's name should be automatically entered
in the land records upon the death of the husband.
(2)
Further. if the husband's share of land is still held jointly with his father
and/or brother(s), mutation and partition of the holding should take place
simultaneously. The responsible tehsildar should be made responsible for
ensuring that mutation and partition take place.
(3) The
land registers or records need to be updated and routinely maintained in the
light of these recommendations.
(4)
Landless widows should be given priority when there is allocation of cultivable
land by the government.
(5)
Further, whenlandis allottedto married couples, it should be registeredjointly
in the name of both husbandand wife.
(6)
Modern legislation relating to the propertyrightsofwidows shouldbeenforced.
(7)The
Hindu Succession Act 1956 should -be amended to revoke the provision according
to which a man is allowed to will away his entire property.
(8) State
tenancy laws need to be reviewed for specific biases against women in general
and widows in particular.
(9) Land
reform acts need to be reviewed for specific biases against women in general
and widows in particular.
(10) The
state should intervene in cases of bigamy (because only the first wife can file
a suit against the husband) and of levirate (because enforced remarriage
through levirate is one way of depriving a widow of her property rights).
(1 1)
Awareness of modern law should be promoted, and women should be helped to
enforce their legal inheritance rights.
(12)
Research on the following issues should be undertaken:
- options available to women regarding inheritance and remarriage, and women's
various options;
- the working of the joint 'patta' system, where it has been introduced;
- customary practices, and how they interfere or interact with statutory
law;
- the gap between the theory and practice of law, and how the divergence
can be reduced;
- why women have internalisedthe notion of property rights as a male
right;
- the tactics used by others to deprive widows of their inheritance
rights, and the steps that widows can take to exercise these rights.
High
proportion of widows in Indian states
West
Bengal 65%
Karnatka 63.2%
Andhra
Pradesh 63.1%
Tamil
Nadu 60.3%
Orissa 60.2%
Pondicherry 67.7%
Low
Proportion of Widows
Nagaland 24.5%
Sikkim 32.1%
Haryana 36.5%
Mizoram 38.7%
Punjab 39.5% Source: Problems Of Widows In
India By P. Adinarayana Reddy
THE LOOMBA FOUNDATION
ON
PRESS RELEASE: For Immediate Publication
Loomba Foundation along with GoI and United Nations pledges support to neglected widows in India and their children
Lord Raj Loomba and Cherie Blair appeal for justice to help to improve the state of widowhood in India and educate widows’ children
Mumbai, 20 March, 2013: An UN accredited global NGO the Loomba Foundation today highlighted the impoverished conditions of widows in India and sought help for justice for improving the conditions of impoverished and neglected widows and educating their destitute children.
Addressing media persons in Mumbai today, Lord Raj Loomba CBE, member of the British House of Lordsand Founder Chairman of the Loomba Foundation said, “As you’re perhaps aware, widows in India live in pathetic conditions. Widowhood in this country bring in an enormous amount of suffering - mental, economical and emotional – not to even mention the verbal insults and humiliating taunts that they have to live with each day. Through our relentless efforts, we convinced the United Nations to declare June 23 as International Widows Day.“
Loomba Foundation has been undertaking a series of initiatives to improve the lot of widows in India. Lord Loomba called on the Indian Government to set up “Widows help Centres” through Panchayats in India. He also urged the responsible citizen of India to donate funds so that our programme to educate the children of Indian widows living in penury succeeds.
Mrs Cherie Blair, President of the Foundation who had also flown down to appeal for help and support for widows added, “Not only India, the plight of widows in several developing nations shame us. The Loomba Foundation has, indeed, made exemplary efforts to highlight the plight of widows to the world. On International Widows Day, we are having a Charity Run in London, the income from which will be used for widows in three countries. I firmly believe we need to empower widows to provide them a sustainable livelihood that will ultimately offer them security, emotional and economical!”
Indeed there are 42 million widows in India and over 100 million children. The Loomba Foundation, a UN accredited NGO, has to date educated over 6500 children of poor widows and supported over 27,000 of their family members. Currently, the Foundation is educating over 2,500 children of poor widows in 16 states in India, who receive a monthly scholarship of Rs.500, guaranteed for a period of five years.
In November 2012, The Loomba Foundation signed a three year partnership agreement with UN Women., the United Nations body for gender equality and empowerment of women, to work together on three projects in India, Malawi and Guatemala to empower widows in those countries. The Foundation has recently launched a new projected to empower 10,000 impoverished widows in India, who will each receive a sewing machine and training to make garments. Through this project, the unfortunate widows will become self reliant, be able to educate their children and lead a life of dignity.
THE LOOMBA FOUNDATION
ON
To raise funds for these three projects the Loomba Foundation is organising a charity run to mark the 3rd UN-recognised anniversary of International Widows Day. It will be held in the famous Hyde Park in the centre of London on Sunday 23rd June 2013. The proceeds from the Charity Run will be specifically used to support three projects for widows in India, Malawi and Guatemala. These projects will be run by UN Women over a period of three years with the support of the Loomba Foundation. The Foundation is also seeking donations from Indian citizens and industry houses to sponsor the education of a widow’s child for a year at Rs. 6,000 per annum.
According to recent information, widows represent a little over 9 per cent of the female population. The incidence of widowhood rises sharply with age. The proportion of widows is as high as 64 per cent among women aged 60 and above, and 80 per cent among women aged 70 and above. In other words, an Indian woman who survives to old age is almost certain to become a widow.
Widowhood has received very little attention as a cause of deprivation. In India, the experience of losing one's spouse is, overwhelmingly, a female experience. Further, the consequences of losing one's spouse are very different for men and women. A widower not only has greater freedom to remarry than his female counterpart, he also has more extensive property rights, wider opportunities for remunerative employment, and a more authoritative claim on economic support from his children. States in India with Highest percentage of widows
West Bengal 65% Karnatka 63.2% Andhra Pradesh 63.1% Tamil Nadu 60.3% Orissa 60.2% Pondicherry 67.7%
States in India with lowest Proportion of Widows
Nagaland 24.5% Sikkim 32.1% Haryana 36.5% Mizoram 38.7% Punjab 39.5%
Source: Problems Of Widows In India By P. Adinarayana Reddy
0
0.1
0.2
0.3
0.4
0.5
0.6
0.7
West Bengal
Karnatka
Andhra Pradesh
Tamil Nadu
Orissa
Pondicherry
Nagaland
Sikkim
Haryana
Mizoram
Punjab
Series1
Series2
THE LOOMBA FOUNDATION
ON
About Loomba Foundation:
The Loomba Foundation was established in the UK by Raj and Veena Loomba by a charitable Trust Deed on 26 June 1997 and has sister charities registered in India and the USA. It has been set up to promote the fundamental freedoms and Human Rights of widows
The inspiration came from Raj’s late mother, Shrimati Pushpa Wati Loomba, who became a widow at the early age of 37 and succeeded in educating her seven children single-handed. The Foundation aims to educate the children of poor widows throughout India and empower widows around the world.
The Foundation is supported by Cherie Blair, wife of the former British Prime Minister, Tony Blair as its President and Sir Richard Branson Chairman of Virgin group as Patron-in- Chief. Both the British Prime Minister and Deputy Prime Minister support the charity as Patrons. The Economic and Social Council of the United Nations has granted Special Consultative Status to the Loomba Foundation in 2012.
The Foundation launched its flagship, International Widows Day, which takes place each year on 23 June, to provide a global focus day for effective action to highlight the plight of widows and their children around the world. The Loomba Foundation is proud that through its tireless campaign, the United Nations adopted 23rd June as International Widows Day at the 65th General Assembly in 2010. It is a significant day as it was on this day that Raj Loomba’s mother became a widow in India in 1954.
In 2010, the Loomba Foundation published a Comprehensive Research Study Book – ‘Invisible, Forgotten Sufferers: The Plight of Widows Around the World’. In 2011, The Loomba Foundation also published an art book - ‘A Hidden Calamity: The Plight of Widows’, which included 17 oils and acrylics paintings highlighting the plight of widows by Reeta Sarkar a Trustee of the Loomba Foundation. They were exhibited at the UN Headquarters from 23rd June to 15 July, 2011 and at Downing Street in London on 23rd June 2012 to observe International Widows Day.
Since 1999 the Loomba Foundation has educated over 6,500 children of poor widows in India and supported 27,000 family members. "Many of these students have already completed their studies after receiving scholarships for a period of five years or more. Currently there are over 3,500 beneficiaries being supported in 16 states in India.
On 23rd June 2012, the Loomba Foundation launched a new project to empower 10,000 impoverished widows in India, who will each receive a sewing machine and training to make garments. The state Government of Punjab has given the Foundation a matching grant of Rs. I Crore to empower 5000 impoverished widows in Punjab. We are in discussion with Andhra Pradesh, Haryana and Himachal to complete this project.
In November 2012, The Loomba Foundation signed a three year partnership agreement with UN Women., the United Nations body for gender equality and empowerment of women, to work together on three projects in India, Malawi and Guatemala to empower widows in those countries. Under this agreement, the Loomba Foundation would fund these three projects.
For further information, please contact
Vinay.maurya28@gmail.com
+91 9773398007
No comments:
Post a Comment