STATUS PAPER

ON

WOMEN FARMERS

COMPILED BY

SUNITA SIDDHARTH SHANKER

Maitrey Environment Education & Research Association

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A griculture has been the primary source of livelihood for the teaminig millions of India for centuries. Not only is it a source of livelihood
but has influenced our traditions, customs, religions in other words it is enmeshed with the very culture of India. Even today 74% of our
population lives in villages. Agriculture, therefore, is and will continue to be central to all strategies for planned socio-economic
development of the country. Rapid growth of agriculture is essential not only to achieve self-reliance at state level but also for household food
security and to bring about equity in distribution of income and wealth resulting in rapid reduction in poverty levels.

Women represent one of the crucial development forces in the world. As per the World Economic Profile, they form 50% of the world’s population,
contribute 60% work force, making up to 30% of official labor force and contribute 50% in food production. But their share in the agriculture productivity is
either nil or very less. Traditionally, women have been playing an important and significant role in agriculture, integrating forestry and animal husbandry with
farming. Their contribution to agriculture in terms of the number of tasks performed and time spent is greater than their male counterparts (FAO).

Nearly 84% of all economically active women in India are engaged in agriculture and other allied activities. Agriculture employs 4/5 th of all economically
active women; they make 1/3rd of the agriculture labor force and 48% self-employed farmers. There are 75 million women as against 15 million men in
dairying and the number of women engaged in animal husbandry accounts for 20 million, as against 1.5 million men. 51% of the work of women which
quality for inclusion in GDP are not recognized and remain unpaid.

Considering the agriculture activities, if a comparison of household and crop production, labor distribution amongst men and women is made, it becomes
clear that men's labor hour are 40% less as compared to women. Lot of women's time (about 35%) is taken in household activities still, about is 43% of their
labor time is devoted to crop production related activities- the major areas where women are more involved are harvesting, threshing and processing,
transplanting, fertilizing and weeding. Men spent a lot of time in community obligation; marketing, leisure and earning wages as labor in others' field, nearby
market/cities, etc. (FAO)

UTTAR PRADESH

The State of Glory...

The state of Uttar Pradesh constitutes 9% of the country’s area and 16% of the population. The quality of soil, and the ground and surface water
availability contribute to making UP, the country’s agricultural heartland. With 17.5 million hectare land under cultivation, UP accounts for 12%
of India’s net sown area. State’s farmers provide 21.55% of India’s food grains, vegetables, fruits and milk and over 40% of the country’s potato
and sugarcane production. While 80% population lives in villages, 74% population is directly engaged in agriculture and allied activities.
Besides Punjab and Haryana, Uttar Pradesh took the lead in Green Revolution spread.

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...And the State of Sorry
Despite the above facts and figures and Government’s tall claims regarding state’s self-sufficiency on food grain production, situation clearly indicate towards
difficult future both for producers and consumers in the State. Some of the bare facts to quote are stated below:

 Per capita agricultural land availability has declined in the last four decades.
 20,000-hectare land turns saline every year.
 3000-hectare land becomes ravine annually due to deforestation and erosion.
 Majority of the farming communities falls under marginalized category. Marginal and small farmers constitute 74% and 16% respectively holding 31%
and 24% of total cultivable land in the state, respectively.
 Average landholding in the state is 0.90 hectare.
 47% population in rural area lives below poverty line.
 57% in farming
 20% as agriculture labour
 8% in agriculture industries
 India : Agriculture contributes 25% Net Domestic Product; In UP : 40%
 15% in job and other occupations
 72% of total work force is dependent on agriculture of which 19% are land less labourers.
 Biodiversity and genetic resources in the state are diminishing at an alarming rate.
 Extension network has failed to communicate to the farmers regarding rational and judicious use of fertilizers and pesticides.
 The activities of men are related to animals and machines.Whereas women work for longer hours in the field and their work is more strenuous due to their
reproductive responsibilities also.Little has been done to strengthen capacities of rural women folk who contribute greatly in pre and postproduction
processes in agriculture sector. Their contribution in agriculture has always been undermined and ignored.

(Source: Documents published by Land Use Council, Planning Department, Govt. of U.P., Lucknow.)

Table 1 : Situation of Workers

Total Workers Men Women

54,180,232 76% 23%
Cultivators 42% 34%

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Labour 20% 41%
Source Census 2001

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WOMEN AS FARMER IN UTTAR PRADESH

In Uttar Pradesh, about 72% population is involved in agricultural activities. The total male population of the state is 8.75 crore which with a
total population of 7.86 crore women constitutes 48.5% of the total population in the state. Woman in agriculture are still a neglected workforce.
Although they are responsible for more than 80% agricultural activities, their share in the agricultural productivity was only 12.9% despite the
work participation rate of 18.40% according to the 2001 census.

The definition of a farmer is assumed as "an adult male . . . who has the right to the produce of a farm . . . women are not classified as
farmers" Investigations conducted in selected states in India show that more than 60 per cent of agricultural operations are performed
by women farmers, yet the fact that "most farmers in India are women" (Shiva, 1991) is simply not reflected in anywhere in government
records or programmes.

Table 2 Distribution of total worker by category

Area Number of workers Cultivators Agriculture Labourers
Persons Males Females Persons Males Females Persons Males Females
Total 5398382 4098155 1300226 2216756 1747988 468767 3400911 824559 5155312
4 8 6 2 7 5 9
% 41.1 42.7 36.1 24.8 20.1 39.6
Rural 4467595 3277068 1190526 2175479 1712244 463235 2931317 786904 5062269
2 5 7 9 7 2 8
% 48.7 52.2 38.9 28.9 24.0 42.5
Urban 9307872 8210873 1096999 412763 357440 55323 469594 376551 93043
% 4.4 4.4 5.0 5.0 4.6 8.5
Source Census 2001

Table 3 Distribution of main worker by category

Area Number of main workers Cultivators Agriculture Labourers
Persons Males Females Persons Males Females Persons Males Females
Total 3933764 3433826 499938 1847986 1632680 215306 5956547 481637 1140170
9 0 9 5 2 3 7

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Rural 3124275 2697506 426768 1810597 1598589 212008 5667495 455670 1110789
4 9 5 4 4 0 6
Urban 8094895 7363191 731704 373891 340908 32983 289052 259671 29381
Source Census 2001

Table 4 Distribution of marginal worker by category

Area Number of marginal workers Cultivators Agriculture Labourers
Persons Males Females Persons Males Females Persons Males Females
Total 1464617 664329 800287 3687697 115308 253461 7444364 342922 4015142
5 8 7 5 2 2
Rural 1343319 579561 763758 3648825 113655 251227 7263822 331234 3951480
8 6 2 3 2 2
Urban 1212977 847682 365295 38872 16532 22340 180542 116880 63662
Source Census 2001

Table 5 Female Work Participation Rate and Rank – 1991 and 2001
State Female Work Participation Rate Female Work Participation Rate
and Rank 2001 and Rank 1991
Uttar Pradesh 16.28 (30) 12.32 (25)
Source: Sataistical Profile on Women Labour 2004; GOVERNMENT OF INDIA, MINISTRY OF LABOUR, LABOUR BUREAU, SHIMLA / CHANDIGARH

The agricultural activities like winnowing, storage, maintenance of seeds, homestead gardening, etc. are primarily women's responsibilities. In
general, women perform more agricultural operations than men. Both men and women perform the labor-intensive activities but the activities of
men are related to animals and machines whereas women work for longer hours in the field and their work is more strenuous due to their
reproductive responsibilities also. So, in a way, women do about 70% of agricultural activities. In overall farm production, women's average
contribution is estimated at 55% to 66% of the total labour with percentages much higher in certain regions (Venkateswaran, 1992). In the Indian
Himalayas a pair of bullocks works 1064 hours, a man 1212 hours and a woman 3485 hours in a year on a one-hectare farm, a figure which
illustrates women's significant contribution to agricultural production (Singh in Shiva, 1988).

• Women have extensive work loads with dual responsibility for farm and household production. Women's work is getting harder and more
time-consuming due to ecological degradation and changing agricultural technologies and practices labour
• Women have an active role and extensive involvement in livestock production, forest resource use and fishery processing

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• Women contribute considerably to household income through farm and nonfarm activities as well as through work as landless
agricultural labourers
• Women's work as family labour is underestimated.
• There are high degrees of inter-state and intra-state variations in gender roles in agriculture, environment and rural production

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Table 8 All-India Average Daily Wage Rates in Agricultural Occupations during the year 2002-2003 ( Occupation-wise)

(In Rupees)
Sl.No. Occupation Men Women Children
1 2 3 4 5
1 Ploughing 71.53 40.46 28.49
2 Sowing 62.62 44.20 34.47
3 Weeding 53.90 44.90 35.69
4 Transplanting 57.33 48.24 34.55
5 Harvesting 58.03 47.86 31.84
6 Winnowing 52.88 44.11 33.54
7 Threshing 57.22 46.84 29.83
8 Picking* 54.76 43.63 27.67
9 Herdsman 40.36 31.60 25.33
10 Well-digging 83.38 43.74 @
11 Cane crushing 57.83 42.95 35.68

* = Picking includes picking of cotton, jute, tea etc.

@ = Quotations are less than five
Source: Sataistical Profile on Women Labour 2004; GOVERNMENT OF INDIA, MINISTRY OF LABOUR, LABOUR BUREAU, SHIMLA / CHANDIGARH

Gender Household Wages earningTotal

Labour in others field
Women 43% 14.2% 57.2%
Men 34% 8.8% 42.8%

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Table 9a Landholdings in Uttar Pradesh
Landholders Number Area (Hectare)
Non-Transferable 879424 459152.565
Transferable 752932 452225.830
Source Board of Revenue, Uttar Pradesh

Only 6% women are legally owner of land while joint ownership over the land is astonishingly 3 percent.

Table 9 Distribution of Gram Sabha Land in Uttar Pradesh through Government Machinery
Patta
SC ST OBC Army personnel Others Total Joint holding including women
holding
Number 1970646 1259 894167 193 545302 3411567 444079
Area (Hectare) 635491.792 913.966 204510.032 67.138 184202.988 1105185.916 145257.475
Kabza
Number 1969582 1259 892463 193 544791 3408288 408084
Area (Hectare) 635266.365 913.966 284320.033 67.138 184127.417 1104694.919 152186.065
Source Data as per June 2004 reporting from districts to Board of Revenue, Uttar Pradesh

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Table 10 Patta for fisheries
SC ST Women General
(including
OBC)
Number 53 0 4 1046
Area(Hectare) 42.55 0 3.79 1011.68
Source: Data as per July 2005, Department of Fisheries, Uttar Pradesh

The state of women's control over the land also present a gloomy picture all over the state. The above tables clearly show the landholding status
of women in Uttar Pradesh. Government records do not have any compiled information to study category-wise status of holdings where we can
find number of women farmers exclusively. Fisheries where it is available the number is negligible.

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 Social Status
Social Factors
- Traditional bias
 Reproductive roles

Women’s income poverty and status and hunger, as well as their low status in the family and community are central causes to their low
maternal health.
 A much lower proportion of women (45 percent), however, are involved in making decisions about their own health care.
 Only 23 percent of women do work other than their own housework, and less than half of these women work for cash.
 Only half of women who earn cash can decide independently how to spend the money that they earn.
 Thirty-nine percent of working women report that their earnings constitute at least half of total family earnings, including 16
percent who report that the family is entirely dependent on their earnings.

 “Helping Hand” in agriculture

Women provide one half of the labour in rice cultivation in India (Unnevehr and Stanford, 1986). In the plantation sector women are the crucial
labourers (Shivaram, 1988). Depending on the region and crops, women's contributions vary but they provide pivotal labour from planting to
harvesting and post-harvest operations. Traditionally, women had usufruct rights to the community land. But after the land reforms, land titles
were given to men, denying women's access to land.

Yet women's substantial contribution continues to be systematically marginalized and undervalued in conventional agricultural and
economic analyses and policies, while men's contribution remains the central, often the sole, focus of attention.

Women are typically, and wrongly, still characterized as "economically inactive" in statistical surveys of agriculture, a result that tells us more
about survey methodology than about reality (Janelid, 1975). Agricultural extension services still do not attach much importance to reaching
women farmers or women on the farm. Policy makers and administrators typically still assume (in the face of the empirical data) that men are the
farmers and women play only a "supportive role" as farmers' wives (Samanta, 1994).

 Limited Mobility

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 Te territorial gendering of space reduces a woman’s mobility and participation in activities otside the home, especially market interaction;
limits her knowledge of the physical environment; and disadvantages her in seeking information on new agricultural technologies and
practices, in purchasing inputs, and in selling the product.

 Prevailing norms and prejuidices

In Indian society where patriarchal dictates determine the status of a woman, land policies and laws do not ensure fulfillment of this right.
Legal systems are reluctant to interfere with personal laws. This maintains the inequality between a man’s and a woman’s right to property.

 Male Migration/Left

Migration of men over a longer duration seems to have had one fallout, it has expanded the socio-economic space for women in agriculture. This
has been borne out by a large number of studies that indicate that in the absence of men, women have started performing larger roles, even
outside the homespace, and thereby assumed greater autonomy in decision-making than before. This apparently, seem to have happened in two
sets of households. First, those which experienced a more dynamic growth in agriculture where women have shifted more to managerial tasks
(like that in Punjab; or in the case of dairy development in Gujarat; or in fishery sector in Kerala; or in the hilly regions of Northern states). A
second set of households represent women of the marginalised class where women have come out of their home spheres and started interacting
with different categories of people within as well as outside the villages. Women in the middle strata of peasantry are likely to have experienced
lesser gains in terms of an expanded socio-economic space. But, this slow and subdued process is outweighed in many cases by an increase in
women’s workload. In any case, as Bardhan (1985) notes if a husband has deserted, migrated or died, the issue of autonomy has little meaning
when she must work for any income, however low, for the day-by-day subsistence of her family.

Migration of men, especially under distress situations, should imply more work burden for women rather than being seen as a positive
development towards women’s empowerment or gender equity. This is so because, empowerment does not merely come from workforce
participation or autonomy in conducting a particular productive task (in absence of men); rather, it emanates from structural changes in
ownership and control over productive resources on the one hand, and the loosening of the class/caste based hierarchies within society (Sharma,
1980) on the other. Thus, women’s expanding role in agriculture does provide a useful starting point but the role has to be qualified by questions
of work quality, class variations in double burden, and whether productive labour works as a sufficient or even necessary condition for autonomy
and voice (Bardhan, 1985).

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Women’s contribution to agriculture — whether it be subsistence farming or commercial agriculture — when measured in terms of the number
of tasks performed and time spent, is greater than men.

A study on time and energy spent by men and women on agricultural work (Batliwala 1982) found that 53 percent of the total human hours per
household are contributed by women as compared to 31 percent by men. The remaining contribution comes from children.

 Specified activities (no ploughing, etc.)

The linking of agricultural activities to male dominance is described by Roy Burman (in Menon 1991):

The anxiety of man to monopolize his skill in plough culture is reflected in the taboo that is observed almost all over India, against the
women’s handling the plough. In many societies, she is not even allowed to touch it.

Mies further observed that "whereas operations performed by men were those that entailed the use of machinery and draught animals, thereby
using animal, hydraulic, mechanical or electrical energy, women almost always relied on manual labour, using only their own energy." Rice
transplantations, the most arduous and labour intensive task in rice cultivation, is carried out entirely by women without the help of any tools.

"Girls learn to assist their mothers in almost all tasks, and from the age of 10 years participate fully in the agricultural work done by women.
Mies cites the case of Laxmi, a three-year-old infant who, along with her mother, pulled seedlings for transplanting. Boys on the other hand were
seldom seen transplanting or weeding though they did help out in ploughing or watering the fields."

"Not only do women perform more tasks, their work is also more arduous than that undertaken by men. Both transplantation and weeding
require women to spend the whole day and work in muddy soil with their hands. Moreover, they work the entire day under the intensely hot sun
while men’s work, such as ploughing and watering the fields, is invariably carried out early in the morning before the sun gets too hot. Mies
argues that because women’s work, unlike men’s, does not involve implements and is based largely on human energy, it is considered unskilled
and hence less productive. On this basis, women are invariably paid lower wages, despite the fact that they work harder and for longer hours than
do men."

Machines are for men !

 Access to technology limited to men
 Women cannot handle machines
 Reducing workloads of women farmer/labourers- a lower priority of research/ technology development organizations

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In contrast, a study in Uttar Pradesh reports that men "only reluctantly conceded that their womenfolk really work. The researchers in
this area were repeatedly told that women, like children, simply eat food and do nothing."

Many maintain that women’s economic dependence on men impacts their power within the family. With increased participation in income-
earning activities, not only will there be more income for the family, but gender inequality should be reduced. This issue is particularly salient in
India because studies show a very low level of female participation in the labor force. This under-reporting is attributed to the frequently held
view that women’s work is not economically productive.

If all activities — including maintenance of kitchen gardens and poultry, grinding food grains, collecting water and firewood, etc. — are taken
into account, then 88 percent of rural housewives and 66 percent of urban housewives can be considered as economically productive.

Women’s employment in family farms or businesses is rarely recognized as economically productive, either by men or women. And, any income
generated from this work is generally controlled by the men. Such work is unlikely to increase women’s participation in allocating family
finances.

The shift from subsistence to a market economy has a dramatic negative impact on women…

According to Sandhya Venkateswaran, citing Shiva, the Green Revolution, which focused on increasing yields of rice and wheat, entailed a shift
in inputs from human to technical. Women’s participation, knowledge and inputs were marginalized, and their role shift from being "primary
producers to subsidiary workers."

Where technology has been introduced in areas where women worked, women labourers have often been displaced by men. Threshing of grain
was almost exclusively a female task, and with the introduction of automatic grain threshers — which are only operated by men — women have
lost an important source of income.

Combine harvesters leave virtually no residue. This means that this source of fodder is no longer available to women, which has a dramatic
impact on women’s workload. So too, as cattle dung is being used as fertilizer, there is less available for fuel for cooking.

"Commercialization and the consequent focus on cash crops has led to a situation where food is lifted straight from the farm to the market. The
income accrued is controlled by men. Earlier, most of the produce was brought home and stored, and the women exchanged it for other
commodities. Such a system vested more control with the women."

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Food Security
Women are food producers but their own food security is a serious problem (rural women : 1500-1800 cal./day against required 2300-
3500 cal/day)
– Inadequate food
– Difficult times in year
– Food quality affecting ability to work and earn…

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 Legal Rights

W omen make up a considerable portion of the agricultural labour force in Uttar Pradesh, as men often migrate from rural areas and/or are
employed in non-agricultural occupations (a phenomenon referred to as “feminization of agriculture”).

Agricultural labour rights are mainly determined by labour law, and particularly by two broad groups of norms:
• Those concerning all workers, both male and female (minimum wage; safety and hygiene; trade union rights; etc.), and
• Those specifically concerning women (non-discrimination; maternity leave; “protective” legislation; etc.).

The focus here is on the latter. While some labour-law issues are relatively uncontroversial (e.g. non-discrimination), others are debated. For
instance, “protective” legislation prohibiting women from working in certain occupations or at night, enacted to protect women workers, limits
women’s freedom to choose their occupation and may hinder their access to employment. On the other hand, where the bargaining power
between employer and employee is particularly unbalanced, allowing women to choose may leave them unprotected (e.g. on night work).

Beyond labour law, other norms are also relevant. The case law on women’s labour rights rarely refers directly to agricultural workers. It
more commonly relates to urban occupations (secretaries, civil servants, etc.), especially in developing countries, where access to courts for
rural women is usually very limited.

In examining the labour rights of women agricultural workers, the following outline will generally be followed:

• applicability of labour legislation to the agricultural sector;

• norms concerning access to employment (both under labour law and under family law);
• norms concerning treatment (remuneration and other terms and conditions of employment); maternity protection;
• norms on social security; and sanctions.

Relevant international law

 Under international human rights law, women have a right to own and administer property without discrimination (UDHR; arts.
2 and 17, CEDAW, art. 15) and to an “equal treatment in land and agrarian reform” (CEDAW, art. 14(2) (g) ).

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Indian Laws

Article 39 of the Indian Constitution directs the state to ensure that “citizens, men and women equally, have the right to adequate means of
livelihood”; that “there is equal pay for equal work for both men and women”; and that “the health and strength of workers, men and women,
[...] are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength”. On the other
hand, article 16 of the Constitution, stating the principle of equality in employment, applies to public employment only.

With regard to access to employment, sex discrimination is prohibited by the Equal Remuneration Act of 1976 (sec. 5, as amended in 1987). In
practice, however, in many rural areas women’s access to employment is restricted by cultural factors such as female seclusion (purdah) and the
perception of women’s abstention from work as an indicator of the social status and success of the husband. Moreover, a gender division of
labour remains widespread, with women concentrated in “feminine” jobs, particularly low-skill, low-pay agricultural work (e.g. weeders) (Jha et
al., 1998; GoI, n.d.).

With regard to treatment, the Equal Remuneration Act of 1976, as amended, prohibits discrimination in employment conditions (including
promotion, training and transfer) (sec. 5, as amended in 1987). On the other hand, protective legislation prohibits women’s night work in a
number of sectors. As for agriculture, the Plantations Labour Act of 1951 prohibits the employment of women between 19 hours and 6 hours
(except for midwives and nurses) unless there is a permission from the state government (sec. 25).

In practice, substantial gender pay gaps exist: women’s wages are lower than men’s in all states of the federation (on average, 30 percent
lower); there is no institutional machinery for the implementation of minimum wage legislation in the agricultural sector (United Nations, 1997;
Menon-Sen and Kumar, 2001). According to the Centre of Indian Trade Unions (CITU), the 1976 Act is mainly applied to public sector
industries, while gender pay gaps persist in other industries, including agriculture, where employers avoid the application of the minimum wage
legislation by paying workers on a piece-rate basis; in these sectors, female workers are paid considerably lower wages than male workers
(CEACR (100), 1998).

Indian law contains no specific provision on sexual harassment in the workplace. However, the Supreme Court developed guidelines in
Vishaka v. State of Rajasthan and Others (AIR 1997 SC 3011). The guidelines are to be applied in all workplaces, and build on the Indian
Constitution, on the CEDAW and on General Recommendation No. 19 of the CEDAW Committee (on violence against women).

Maternity leave is governed by the Maternity Benefit Act of 1961, which applies to plantations and to other establishments with more than ten
employees (sec. 2). Pregnant workers have a right to 12-week paid maternity leave (secs. 4 and 6(2)). A six-week leave is granted in case of
miscarriage or termination of pregnancy (sec. 9). An additional one-month leave is provided in case of illness arising out of pregnancy, delivery,

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miscarriage or termination of pregnancy (sec. 10). Maternity benefits are equivalent to the average daily wage of the woman worker (sec. 5).
Discharge or dismissal of a woman on maternity leave, as well as the varying of her working conditions at her disadvantage, are prohibited (sec.
12).

Pregnant workers have the right not to perform arduous work, or work which involves long hours of standing or which is likely to interfere with
the pregnancy, the normal development of the foetus, adversely affect health or cause a miscarriage (Maternity Benefit Act, sec. 4(3)). No
deductions from wages can be made because of the changed nature of the work performed (sec. 13 of the same Act). Nursing women have a
right to two nursing breaks per day until the child attains the age of fifteen months, without deductions from the wage (secs. 11 and 13). Under
the Plantations Labour Act of 1951, employers with more than 50 women workers (or with women workers having a number of children under
six years old of 20 or more) must provide crèche facilities (sec. 12).

Rights to natural resources are extremely important for rural women. First, women’s livelihoods crucially depend upon them. Second, the
nature and extent of these rights affect women’s bargaining power within the household (vis-à-vis husbands and male family members), as well
as in the community and society at large. Thus, while land reform programmes adopting the household as the beneficiary unit and issuing land
titles to the (male) household head may still provide female household members with access to land, they may undermine their bargaining power
(and thus their social position).

Under international human rights law, women have a right to own and administer property without discrimination (UDHR; arts. 2 and
17, CEDAW, art. 15), and to an “equal treatment in land and agrarian reform” (CEDAW, art. 14(2)(g)). Within the family, both spouses
have equal rights in the “ownership, acquisition, management, administration, enjoyment and disposition of property” (CEDAW, art. 16).
Women’s water rights are protected by article 14(2)(h) of the CEDAW (right to adequate living conditions, including in relation to water
supply); rights to potable water are also linked to the right to adequate food recognized, without discrimination, in article 25 of the UDHR and
article 11 of the ICESCR.

In India, personal law varies according to religious belonging. While reforms have been brought about, particularly to improve the position of
women, statutory law mainly reflects religious norms. Hindus are governed by the Hindu Marriage Act of 1955 and the Hindu Succession
Act of 1956. Muslims are governed by the Muslim Personal Law (Shariat) Application Act of 1937 and the Muslim Women’s (Protection
of Rights on Divorce) Act of 1986. Christians and Parsis are governed by the relevant family laws (the Christian Marriage Act and the
Parsi Marriage and Divorce Act, respectively) and by the Indian Succession Act of 1925 (as amended in 1991). All Indians contracting or
registering marriage under the Special Marriage Act of 1954 are governed by this Act and by the Indian Succession Act. Article 44 of the Indian
Constitution (included among the Directive Principles of State Policy) states that “the State shall endeavour to secure for the citizens a uniform
civil code throughout the territory of India”, thereby ending the regime of differentiated personal laws. In Sarla Mudgal and Others v. Union of

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India and Others, a Supreme Court judge directed the government to adopt a uniform civil code in order to comply with the Constitution and the
CEDAW[. However, no such action has been taken yet. Given the importance of religious norms in India’s personal laws, it is worth briefly
reviewing some key norms affecting women’s rights.

Traditional Hindu law (codified in legal treatises - the shastras - between 200 BC and 300 AD) was divided in two main legal doctrines,
Dayabhaga (mainly applied in Bengal and Assam) and Mitakshara (applied in the rest of the country). Under the Mitakshara system,
property was divided in two categories: joint family (“coparcenary”) property, belonging to the extended family, and separate property.
Only male family members were coparceners in joint family property, while women (wives and unmarried daughters) had a right to
maintenance. Separate property entailed full ownership rights, and was held by men (in the absence of male descendants, women could only
inherit usufruct rights). The Dayabhaga system did not envisage joint family property. Property belonged to men individually, and, in the
absence of male descendants, women could inherit lifelong use rights. Under both systems, women could own property (“stridhan”, acquired e.g.
through purchases), although it is controversial whether land could be held by women as stridhan. Women had wider control powers under
Dayabhaga (including the right to sell and gift) than under Mitakshara. In practice, the shastras were not followed literally, and local customary
law was applied instead. While in some areas customary and shastric norms converged, in others they differed and women enjoyed greater rights,
especially in matrilineal communities (e.g. among the Garos, land traced through the female line, and while the husband administered the land,
he could not alienate it without spousal consent) (Agarwal, 1994).

In the 20th century, Hindu law was codified into statutory law. In this process, women’s position has been considerably improved. The Hindu
Succession Act of 1956 applies to Hindus, Sikhs, Jains and Buddhists of all Indian states except for Jammu and Kashmir (secs. 1(2) and 2(1);
here the Jammu and Kashmir Hindu Succession Act of 1956 applies), and covers both the Mitakshara and the Dayabhaga systems. The Act
grants in principle equal inheritance rights to men and women. In case of intestate succession, the widow and children (both sons and daughters)
have equal rights in the first line of succession (class I heirs, secs. 9 and 10). As for coparcenary property, relevant Mitakshara rules (see above)
apply, unless there are class I female heirs (in which case the inheritance norms of the Act apply; sec. 6). In any case, women’s inheritance
transfers full property rights (not just usufruct rights).

Some gender inequalities remain. First, Mitakshara coparcenary rules limiting women’s rights are recognized, although with the important
exception concerning female class I heirs (sec. 6). Second, in case of testamentary succession, the Act grants testators absolute freedom of will
(i.e. no necessary inheritance share is reserved for family members); this provision is in practice often used to disinherit widows and daughters
(Agarwal, 1994). Third, the Act explicitly covers land ownership, but exempts ceiling and anti-fragmentation legislation and land tenancy rights
(sec. 4(2)); both before and after the Act, states adopted inheritance norms specifically concerning succession in tenancy rights, several of which
discriminate against women. The Court held that these provisions violated women’s right to livelihood recognized in article 21 of the
Constitution.

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However recently government of India passed a bill to be formed into a legislation, further improving the position of women where unmarried
daughters have been given coparcenary rights equal to sons.

The personal law of persons belonging to religious minorities differs. The Muslim Personal Law (Shariat) Application Act of 1937 states that
family and succession disputes between Muslims are to be decided according to Shari’a law, superseding local customary succession norms (sec.
2). Thus, differently from the codification of Hindu law (which codifies religious law and at the same time improves the position of women), the
1937 Act merely refers to Shari’a law by legislative renvoi. Inheritance of agricultural land is explicitly excluded from the scope of the Act (sec.
2), so that statutory and customary land law apply; however, some states have extended the Act to agricultural land (e.g. Tamil Nadu and Andhra
Pradesh in 1949 and Kerala in 1963). Generally speaking, under Shari’a law women’s inheritance share is half of what a man in the same
succession position inherits (e.g. the share of a daughter is half that of a son, and the share of the widow is half that of a widower). The impact of
the recognition of Shari’a law on women’s position varies across regions. While Islamic law restricts women’s inheritance (with negative effects
on women’s rights in matrilineal communities, e.g. the Mappilas in Kerala), it does entitles women to direct inheritance rights (albeit limited),
improving their position in patrilineal communities where women had no inheritance rights at all. However, this positive effect is neutralised in
those states where agricultural land is still governed by customary succession norms (Northwest India), where gender inequalities persist
(Agarwal, 1994).

Christians, Jews and Parsis, as well as Indians contracting or registering civil marriage under the Special Marriage Act of 1954, are governed by
the Indian Succession Act of 1925, as amended by the Indian Succession (Amendment) Act of 1991. No gender discrimination is contained in
the Act. However, there are no restrictions on testators’ freedom of will, which allows to disinherit widows and daughters.

In practice, women are often prevented from exercising the inheritance rights recognized by statutory law, and customary law remains
widely applied in rural areas. In many cases, women “voluntarily” renounce to their statutory rights in favour of male family members
(brothers, etc.), pressured by socio-cultural factors and by their economic and other dependence on their kin. Indeed, factors like early
marriage, marriage exogamy (often involving marriages between spouses from very distant areas) and patrilocal residence (i.e. the wife’s
moving into her husband’s family house) make women vulnerable to ill-treatment by their husband, and thus dependent on their family’s
(especially brothers’) support. Socio-cultural factors include the idea that it would be “shameful” for women to claim their rights, and the
practice of female seclusion (“purdah”) (Agarwal, 1994).

As for natural resource legislation, the Indian Constitution grants states exclusive responsibility on land, water (except for inter-state
rivers) and fisheries (except for activities outside the territorial waters) (Article 246 and Seventh Schedule, List II, entries 17-21);
therefore, natural resource legislation varies widely from state to state. Land reform programmes were adopted by most states to redistribute
land (through forfeiture of land exceeding specified ceilings and land distribution to landless workers or smallholders), to abolish land

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intermediaries, to consolidate fragmented landholdings, and to regulate tenancy (from regulation of the contractual terms to tenancy rights
registration). The degree of implementation of the reform varies widely according to the state and to the type of reform. Some features of the
land reform programmes are gender-biased.

Land ceiling legislation may contain discriminatory norms on the calculation of family land, on surplus forfeiture and on allocation of
forfeited land. As for calculation, legislation usually fixes a land ceiling for each household of up to five members, allows additional land for
larger households, and considers adult children as separate units. However, in many states (e.g. Bihar and Andhra Pradesh) only adult sons (not
daughters) can be counted as separate units. Kerala is an exception, in that it allows both unmarried adult sons and daughters to be considered as
separate units (Agarwal, 1994). In 1972, the Conference of Chief Ministers on Land Reforms issued federal guidelines (National Guidelines on
Ceiling on Agricultural Holding, published in Behuria, 1997) to adopt a uniform definition of family for the purpose of land ceiling legislation;
in the definition adopted by the guidelines (guideline II), gender inequalities were removed. However, land ceiling legislation continues to vary
across states. Discriminatory norms on family land calculation are exempted from constitutionality challenges under article 31B and the
Ninth Schedule of the Constitution. For instance, in Ambika Prasad Mishra v. the State of Uttar Pradesh and Others (1980 3 SCC 719),
the Supreme Court rejected on this ground a challenge of the Uttar Pradesh Imposition of Ceiling on Land Holdings Act of 1960 on sex-
discrimination grounds (for instance, adult daughters were excluded from the definition of family and no additional land over the ceiling
was allowed on their account; sec. 5(3) of the Act).

As for surplus forfeiture, land holdings of both spouses are summed together for the purposes of land ceilings, and in case of surplus officers
have considerable discretion in deciding the area to be forfeited; in practice, this is usually done in consultation with the husband, and often leads
to forfeiture of the wife’s land (Agarwal, 1994).

As for allocation of forfeited land, although the wording of legislation is usually gender neutral, land redistribution programmes mainly targeted
(male) household heads as recipients. Efforts have been recently made to redress this gender imbalance. The Sixth Five Year Plan (1980-1985)
envisaged efforts to give joint titles to spouses, although this policy was not confirmed in the Seventh Five Year Plan (1985-1990). The Eight
Plan (1992-1997) called states to allocate 40 percent of forfeited land to women individually, and to allocate remaining land to both
spouses (joint titles). The Ninth Plan (1997-2002) devotes an entire section to women’s land rights, and directs to distribute land titles
mainly to women, both individually and collectively (through women’s groups) (Agarwal, 2001).

Gender biases exist also in land tenancy reforms where land was mainly registered to men. Although single women households were in
theory entitled to have land registered in their names, very few did so.

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Gendered land distribution has implications for rights over other natural resources. For instance, water rights are usually linked to
landholding (whether as owner or not). Common property resources (grazing land, forests, etc.) were traditionally managed by panchayat (i.e.
village-level) institutions and accessed by all community members (including women, who have the primary responsibility for water, fuelwood,
fodder and fruit collection). Traditionally, panchayat bodies were usually limited to upper-caste men. The Constitution has democratized these
institutions, providing for direct election and reserving one-third of the seats to women (arts. 243C and 243D). Moreover, new institutions for
sustainable natural resource management have been established. The National Forest Policy of 1988 and the Circular No. 6-21/89-P.P. (1990) of
the Ministry of Environment and Forests govern joint forest management, whereby forests are managed on the basis of agreements between the
state forest department, the village community and a “voluntary agency/NGO” acting as catalyst (1990 Circular, sec. 3 (i)); the competent village
institution may be the panchayat, a village cooperative, or a “village forest committee” (1990 Circular, sec. 3 (iv)). There are reports that cultural
factors (e.g. female seclusion, low consideration of women’s ideas, etc.) often hinder a meaningful participation of women in panchayats and
other participatory institutions such as village forest committees (Agarwal, 1994 and Ogra, 2000).

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 Looking Ahead

The face of the Indian farmer is a woman’s face. The woman farmer is the kingpin of agriculture, not just a secondary helper. She is the major
partner. Agriculture, which is the largest sector for employment, and further has most women workers, needs to come center stage, because on
the health and prosperity of this sector lies the well being of our economy and society. This means that a strong commitment is needed for
strengthening women to play their role, to enforce their rights in society as equal partners. To do this, gender relations must change from old
fashioned ideas of patriarchy that put unfair and often irrational constraints on her. We have to bring about a change in social values and
attitudes. The many initiatives proposed and undertaken by the state agencies must incorporate.

Determined efforts to see that the woman farmer receives:

1. rights to land and other assets in whose maintenance she has a major stake; for which she expends enormous energy
2. inputs of technology, skill, information, market access, credit
3. the drudgery aspect of her unremitting labour is reduced
4. her participation in farming, dairying, fishery, horticulture not only enhances her household income but improves her health through better
nutrition
5. opportunity to be involved in all public forum
6. the help and support of community leaders and state agencies to bring about a truly egalitarian family.

A step towards this has been taken as under:

 UP Agriculture Policy 2005 contains a chapter ‘Women Empowerment through participation in agriculture’

 Farmers Commission identified programme activities for setting targets Statewise :

- allotting at least 40% of government land distributed (including water bodies, wasteland, surplus land, etc.) to women’s groups for
taking up agriculture and allied activities

- allotment of remaining government land transfers on the basis of joint pattas to husband and wife

- at least 40% of government land distributed to SC/ST to go to the women of these communities.

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 - Allocation of land in State Farms (both Central and State) to women SHGs engaged in the production of seeds and planting material for
horticultural crops including medicinal plants.

- Government of India approved an act providing equal rights (sons and daughters on inherited property, including land.

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REFERENCES:

Chronic Hunger and the Status of Women in India , Carol S. Coonrod, June 1998 ,The Hunger Project

Gender and law…, FAO Corporate Document Repository

50OYEARSOOFOINDIANOINDEPENDENCE
This issue which focuses on women and society was published on June 19, 1998

National Family Health Survey – 2

Census 2001

Annual Pan 2004-2005, Uttar Pradesh

The India Farm Women Empowered Through SAWERA, SIMA, Lucknow

Vision 2020, APJ Kalam

Sataistical Profile on Women Labour 2004; GOVERNMENT OF INDIA, MINISTRY OF LABOUR, LABOUR BUREAU, SHIMLA /
CHANDIGARH

Are We Not Peasants Too? Land Rights and Women’s Claims in India, Bina Agarwal

Understanding Rural Women’s Right to Land, Food and Livelihood, Sathi All for Partnerships

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