ROLE OF CONSTITUTIONAL COURTS IN PROTECTING WOMEN’S PROPERTY RIGHTS IN INDIA: A CASE STUDY OF LANDMARK JUDGMENTS

AUTHOR – PAVITHRA S* & DR.P.BRINDA**

* STUDENT AT SCHOOL OF EXCELLENCE IN LAW, THE TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY

** ASSISTANT PROFESSOR, AT SCHOOL OF EXCELLENCE IN LAW, THE TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY

BEST CITATION – PAVITHRA S & DR.P.BRINDA, ROLE OF CONSTITUTIONAL COURTS IN PROTECTING WOMEN’S PROPERTY RIGHTS IN INDIA: A CASE STUDY OF LANDMARK JUDGMENTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 291-296, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

               The protection and promotion of women’s property rights in India have undergone a significant transformation through judicial interpretation and constitutional advocacy. This study examines the pivotal role played by the Constitutional Courts particularly the Supreme Court and various High Courts, in safeguarding and advancing women’s rights to property under the Indian legal framework. Drawing landmark judgments of Supreme courts and various High Courts, this paper explores how judicial pronouncements have progressively interpreted provisions of the Constitution and personal laws to ensure gender justice. The analysis highlights the interplay between constitutional mandates of equality and non-discrimination (Articles 14, 15, and 21 of Indian Constitution) and the evolving jurisprudence on property rights, especially in the Hindu Succession law and other customary laws. By focusing on case studies, the research demonstrates how constitutional courts have not only rectified historical injustices but also established precedents that strengthen women’s legal and social standing in matters of inheritance and ownership. The paper concludes by reflecting on the continuing challenges and the need for judicial vigilance to uphold and expand women’s property rights in India.

KEYWORDS – Women’s property rights, Constitutional Courts, Supreme Courts, High Courts, Gender Justice, Equality, Non-discrimination, Hindu Succession, Judicial Vigilance.