Coparcenary Rewritten: Gender, Justice and the Constitution

By Adv. Prathamesh H. Bhangale, LL.M. (Constitutional Law), India International University of Legal Education and Research, Goa.

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Abstract

This paper critically examines the evolution of gender justice within Hindu coparcenary law through the lens of the Supreme Court’s judgment in Vineeta Sharma v. Rakesh Sharma (2020). It argues that the Court’s interpretation of Section 6 of the Hindu Succession Act, 1956—read alongside its 2005 Amendment—constitutes a landmark in transformative constitutionalism. The judgment not only harmonizes statutory interpretation with the constitutional guarantees of equality, liberty, and dignity under Articles 14, 19, and 21 but also reinforces the doctrine of constitutional morality as a counter to entrenched patriarchy. The analysis situates Vineeta Sharma within the broader constitutional jurisprudence of gender equality and property rights, tracing its doctrinal roots from earlier precedents and law commission reports. By emphasizing substantive equality and economic independence for women, the judgment transcends textual interpretation and advances the Constitution’s transformative mission. The paper also offers a critical reflection on the implementation challenges, socio-legal implications, and the comparative dimensions of inheritance reform in India.

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