PROPERTY, POWER, AND PATRIARCHY: A JURISPRUDENTIAL STUDY THROUGH HOHFELDIAN ANALYSIS OF MARY ROY V. STATE OF KERALA
- NLR Journal
- Mar 29
- 1 min read
By Lorah Susan Paul & Dinah Austin, School of Law, CHRIST (Deemed to be) University, Bengaluru.
Abstract
For centuries, women in India have faced systemic discrimination in social, economic, and familial spheres. One of the most glaring injustices against women has been the denial of equal property rights within the context of patriarchy. Such discriminatory practices reflect a broader cultural belief that women were themselves property of men, financially dependent on men and unworthy of independent ownership. This indicates that women’s inheritance struggles were not merely legal disputes, rather fights against the societal norms that reinforced women’s subordination through economic disempowerment. This paper explores the case of Mary Roy v. State of Kerala, which challenges deep-rooted biases that relegated women to secondary status within their own families.
Mary Roy’s fight symbolized a larger fight against gender-based discrimination, exposing the entrenched traditions that marginalized women in the name of family honour and religious customs. Property ownership is not just an indication of wealth; rather, it is the power, autonomy, and dignity attached to property ownership that is valued. The judgment delivered in favour of Mary Roy was a significant step towards dismantling oppressive structures that had long confined women to positions of dependence and vulnerability. This paper therefore seeks to analyse the judgment, firstly from a legal standpoint, and secondly through the jural correlatives of Hohfeldian Analysis. However, despite the fact that the judgment was rendered almost 40 years, current social attitudes fuelling gender discrimination still persist, making its contemporary discussion crucial for advocating women's economic and social rights.
Keywords- Gender-based Discrimination, Hohfeldian Analysis, Mary Roy v State of Kerala, Patriarch, Property Ownership.
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