Research Method PDF Model (WATERMARK) 2013 (1)

8/13/2019 Research Method PDF Model (WATERMARK) 2013 (1)

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WOMENS AWARENESS AND ACCESS TO JUSTICE TOWARDS THEIR RIGHT

TO PROPERTY WITH REFERENCE TO CHENNAI CITY

AN EMPIRICAL STUDY

1. INTRODUCTION

"Women constitute half the world's population, perform nearly two-thirds of its hours,

and receive one-tenth of the world's income and less than one-hundredth of the property."

Millions of women are in conditions of abject deprivation of their fundamental human rights

for no other reason than that they are women. Violence and discrimination against women

property rights are global social epidemics, not withstanding the very real progress of the

international womens human rights movement in raising awareness about, and challenging

liberty for womens property rights violations.1

!t is stated in the rticle #$ of %niversal &eclaration of uman (ights that each and

everyone has a right to own property.2 !nspite of international and other national provisions

available to !ndian women, still they lac) awareness of their property rights and of long

drawn out court proceedings and difficulty in access to justice in solving the property

disputes.

Women in our country enjoy an enviable set of rights constitutionally* but what is

lac)ing is proper implementation of these laws3. Womens property rights are violated at two

different levels+ at the level of framing of laws and at the level of application of these laws.

he main reason behind the violation of rights of women are lac) of education, lac) of their

social and political awa)ening, lac) of participating in administration, in legislatures, lac) of

awareness of their position as dependants, feeling of inferiority to men 4.

!t is stated in the Manu the arch law giver of indu religion stipulated+ woman must

be dependant upon her father in childhood, upon her husband in youth, and upon her children

in old age. he should never be free. &uring post independence period women were granted

property ownership rights and freed from mens control. indu law permitted free space for

negotiating womens property rights in the earlier days of vedic period5

1) nil huimali and .nil/umar, Women in the 0ace of 1lobalisation, 233$, erials 4ublications, 5ew &elhi, p#$6

2) ibid., p227, rt #$ of %niversal &eclaration of uman (ights+ 8#9 everyone has the right to own property alone as wellas in association with others 829 5o one shall be arbitrarily deprived of property.

3) &r.(e)ha (oy, Women (ights in !ndia, 0eminist 4erspective, 2337, )ansha 4ublishing ouse, 5ew &elhi, p#:;

4) ibid., p#2uality, he 4olitics of Womens (ights in !ndia, 2332, ?@ford %niversity 4ress,

p:3:

he movement to strengthen the position of women in society began from the second

half of the nineteenth century. he earliest attempt may be traced bac) to #67A with ct B of

that year as a first step towards conferring economic security upon !ndian women. 7

female was recogniCed from the earliest times as the holder of seperate property D

tridhana 4roperty. !t was in #


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here are various factors which plays a role in the right to property of women. mong

them (eligion plays a major role in the succession of property by women as the personal laws

of religious communities are mostly dominated by the scriptures of those religions. !n earlier,

the law of uccession was mostly uncodified and followed according to the traditions of those

communities. s the society moves towards civiliCations the 1overnments started to codify

the laws of succession. he codification mostly depended on the e@isting traditional practices.

ence, there is no uniformity in the uccession laws. he religion played a very important

role in the formation of uccession laws.

he uccession laws codified separately to different religions, neglected the women

and gave an une>ual status to them. &uring the ritish rule itself certain enactments were

made. fter !ndependence, the union 1overnment has failed to bring %niform Eivil Eode

applicable to all people in !ndia irrespective of (eligion and enacted he indu uccession

ct, #ual ownership claim to all marital assets11

!ndia does not recogniCe such an joint ownership by husband and wife of land

purchased during marriage as some other countries do. ut the central 1overnment has laid

certain schemes and made an effort to benefit women by granting houses in the names of

women individually as well as jointly in the names of husband and wife through !ndira

waasJojana scheme though this policy is not always followed in practice.12

1#) &r..(.Myneni, Women K =aw, 23#3, sia =aw ouse, yderabad, p#A2

11) (amesh handari, Women (ights and Welfare, 23#3, lfa 4ublication, 5ew &elhi, p;6-p;uestions cropup, which

are sought to be answered.

2. SCOPE OF THE RESEARCH

Womens property rights are their rights to own, ac>uire 8through purchase, gift, or

inheritance9, manage, administer, enjoy, and dispose of tangible and intangible property,including land, housing, money, ban) accounts, livestoc), crops, and pensions. %nder

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international human rights law, women and men are entitled to e>ual legal protection of their

property rights.

Womens property rights are violated in many degrading ways. 0or e@ample, many

women are e@cluded from inheriting, evicted from their lands and homes by in-laws, stripped

of their possessions. When they divorce or separate from their husbands, women are often

e@pelled from their homes with only their clothing. Married women can seldom stop their

husbands from selling family property. Women who fight bac) are often beaten, raped, or

ostraciCed.

!n many countries around the world, womens property rights are limited by social

norms, customs and at times legislation, hampering their economic status and opportunities to

overcome poverty. Iven in countries where women constitute the majority of small farmers

and do more than $A percent of the agricultural wor), they are routinely denied the right to

own the land they cultivate and on which they are dependent to raise their families.

?wnership of land and property empowers women and provides income and security.

Without resources such as land, women have limited say in household decision-ma)ing, and

no recourse to the assets during crises. his often relates to other vulnerabilities such as

domestic violence.

Eourts are nowadays playing an important role in getting women their share in the

property. ut as it is very delayed process women are not able to wait for a very long time

and got ve@ed and sometimes end their lives because of their financial problems in their

family. ut judiciary is trying their best level to end the property suits very fast through fast

trac) courts.

Women, li)e other disadvantaged sections in !ndian society, have not fully realiCed

the potential power that laws and legal processes ensure for them in matters of

development matter. hey are ignorant of their own rights or are afraid or unable to

enforce them due to e@pensive, complicated and long drawn out proceedings. hus they do

not have easy access to justice. here is an urgent need for organiCed articulation on the

part of women and for all those who support womens development with e>uity and

justice, for e@pert legal advocacy see)ing interpretations promotive of gender and social

justice.

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Women, li)e other disadvantaged sections in !ndian society, have not fully realiCed

the potential power that laws and legal processes ensure for them in matters of

development matter. hey are ignorant of their own rights or are afraid or unable to enforce

them due to e@pensive, complicated and long drawn out proceedings. hus they do not have

easy access to justice. here is an urgent need for organiCed articulation on the part of

women and for all those who support womens development with e>uity and justice, for

e@pert legal advocacy see)ing interpretations promotive of gender and social justice.

Eonstitutional guarantees and various laws have up to a point provided but have

not entirely e@tended e>uality and justice to women. o change this situation, this research

attempts to law drafting technologies and enforcement mechanisms including police,

judiciary and other components need to be reviewed, sensitiCed and strengthened. here is

also the need to create a multidisciplinary group to monitor draft legislation, judicial

decisions and other procedural matters affecting women at Eentral and tate levels. !n this

bac)drop the following research >uestions are to be probed.

3. RESEARCH $UESTIONS

#. What are the various rights available to women with reference to property

2. re there any violations in realising the legal rights available to women with regard to

property rights

:. What are the various practical difficulties in the society that women face in the process

of realising their share in property

;. ow do the courts play an activists role in enabling women to realise their rights when

such property matters are coming before the courts

A. What are the elements that assist women in realising their property rights

7. What is the role played by age of women in creating awareness to their right toproperty

$. What is the role played by education in creating awareness to their right to property

6. What is the role played by employment in creating awareness to their right to property


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#2. !s there any relationship between education of women and access to justice with respect

to their right to property

#:. !s there any relationship between employment and access to justice with respect to their

right to property

#;. !s there any relationship between religion and access to justice with respect to their right

to property

#A. !s there any relationship between marital status and access to justice with respect to their

right to property

4. O%JECTI&ES OF THE RESEARCH

he objective listed below are deduced from the research >uestions in order to have

comprehensive and e@plicit answers.

#. o study the level of awareness among college girl students, educated and uneducated

wor)ing and non wor)ing women, and clients related to their property rights.

2. o )now about the violations in realising the legal rights available to women with

regard to property rights.

:. o study about various practical difficulties prevailing in the society in the process of

realising their share in property.

;. o e@plain the activist role of the courts in enabling womens property rights when such

property cases are coming before the courts.

A. o research on the elements that assist women in realising their property rights.

7. o analyse the various role played by the age of a woman in creating awareness to

womens right to property.

$. o analyse the various role played by education in creating awareness to womens right

to property.

6. o analyse the various role played by employment in creating awareness to womens

right to property.


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#3. o realise the role played by marital status of a women in creating awareness to

womens right to property.

##. o correlate the relationships between the age, education, employment, religion, marital

status and access to justice with regard to womens property rights.

5. HYPOTHESES

0rom the above objectives the following hypotheses are created and have to be tested.

#. here is a significant relationship between age of women and their awareness with

regard to their right to property.

2. here is a significant relationship between education of women and their awareness

with regard to their right to property.

:. here is a significant relationship between employment of women and their awareness


;. here is a significant relationship between religion of women and their awareness with


A. here is a significant relationship between marital status of women and their awareness


7. here is a significant relationship between age of women and their access to justice with


$. here is a significant relationship between education of women and their access to

justice with regard to their right to property.

6. here is a significant relationship between employment of women and their access to

justice with regard to their right to property.


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". DEFINITION OF CONCEPTS '

AWARENESS

he word FawarenessG in any general dictionary, means Fself-awarenessG, Fan

awareness of one's own personality or individualityG. owever, if you loo) up the word

FawareG, a much wider meaning is listed, namely Fhaving or showing realiCation, perception,

or )nowledgeG. herefore if you say a person Fhas greater awarenessG, it can mean heLshe has

greater )nowledge of such subjects, )nowledge or understanding of a subject, issue, or

situation.

!n this research, the researcher restrict the word awareness to ones )nowledge about

the property rights. hat is whether the respondent has particular )nowledge about her getting

share in her ancestral property from her parentsLbrothersL husbandLthe in-laws. he actual

)nowledge of getting their share in their property to which they are eligible to get it legally.

ACCESS TO JUSTICE

ccess to justice has also got different meaning in various conte@ts. 0irstly, it is

access to government or civil society sponsored legal aid services such as* access to

information about legal rights and responsibilities, legal counselling, legal advice, legal

representation and other legal advocacy services. econdly it is physical access to structures L

mechanisms where people can ta)e their problems as they pursue justice. hirdly, it includes

application of constitutional provisions on property laws in order to do justice for all manner

of persons irrespective of their social, political, economic or cultural standing.

ccording to the researcher, in this research Fccess to justiceG means to cover more

than bare court entry and is to include reaching law ma)ers, lawyers, police, enforcement

agencies, capability to pay court fees, capacity to bear the cost and e@penses, time consuming

factor, as also access to legal information.

RIGHT TO PROPERTY

here are two concepts in this research called right and property and are put together as

right to property.

9
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RIGHT'

(ights are defined in various forms in different boo)s and the general dictionary

defines (ights as legal, social, or ethicalprinciplesof freedomor entitlement* that is, rights

are the fundamental normativerules about what is allowed of people or owed to people,

according to some legal system, social convention, or ethical theory. (ights are of essential

importance in such disciplines as law and ethics, especially theories of justice and

deontology.

lawful title or claim to anything, rights along with duties 8or obligations9 and

powers, are the basic elements which determine a persons legal position. 13 1eneral rights are

those which apply to all persons, simply in virtue of their being full subjects of law. I.g. the

right to assemble, the right not to be assaulted. pecial rights are those which arise by the

e@ercise of powers.e.g. the rights of the parties under a contract having e@ercised their power

to ma)e a contract or by operation of law on the occurrence of certain events, such as the

right to bring a claim for damages against one who has negligently cause one loss or injury.

PROPERTY '

he term Hproperty includes only the immovable property which comes from the

parents, grandparents as stridhana, through will, settlement &eed, 4artition &eed, or 1ift

&eed. 4roperty from deceased husband, her own earnings and insurance of demised husband.

ccording to NE hah, it is cited in the case of R Cawasjee Cooperv. Union of India14 it

includes ownership, estates and interests in corporeal things, and also rights such as

trademar)s, copyrights, patents and even rights in personam capable of transfer or

transmission such as debts and signifies a beneficial right to or a thing considered as having a

money value especially with references to transfer or succession and to their capacity of being

injured.

!n the case of Gurdutta Sharma v. State of Bihar15the term property is >uoted as a legal

#:9 N.I.4enner, MoCleyKWhiteleys =aw &ictionary, #2thIdition, 2336 ?@ford %niversity 4ress, 5ewJor), 4rinted in

!ndia by rijbasi rt 4ress =td.

#;9 !( #


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concept of a bundle of rights and in the case of tangible property would include the rights of

possession, the right to enjoy, the right to destroy, the right to retain, the right to alienate and

so on.

!n the case of Chatar Lal v. Motor Accidents Claims Tribunal 1" the definition of term

FpropertyG is defined as corporeal or incorporeal rights including money which is

e@changeable in value capable of satisfying temporal needs of its owner.

ccording to this research, the researcher restrict the term property only to the

immovable properties such as land, house and buiding for which women are entitled to have

as of their legal right.

ccording to the researcher the term right means only property rights. i.e rights to

which a woman is legally entitled to her share of property.

WOMEN

he 1eneral dictionary meaning of the word women signifies all the females of the

human species* but in a more restricted sense, it means all such females who have arrived at

the age of puberty. FMulieris appellation etiam virgo viri potens continetur. FWomen areeither single or married, ingle or unmarried women have all the civil rights of men* they

may therefore enter into contracts or engagements* sue and be sued* be trustees or guardians,

they may be witnesses, and may for that purpose attest all papers. 17

ccording to this research, the researcher restricted the women into three categories.

0irstly between the younger age group of #6 to 2A, secondly middle aged between 27 to ;3

and thirdly old age women above ;# years of age.

EDUCATED WOMEN ' (

ccording to this (esearch Iducated women means those who completed L passed out

their secondary level of education and above that level are termed as Iducated Women.

#79 MEN 8#


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UNEDUCATED WOMEN ' (

ccording to this (esearch %neducated women means those who are below the

primary level of education are termed as %neducated Women.

SINGLE WOMEN

ccording to this (esearch, the researcher restricted the term to divorcee, widow and

women who are living separated from their husband.

7. RE&IEW OF LITERATURE

n elaborate review of literature has been made. !t is found that there are several

boo)s, dissertations, articles, essays, and writings on property rights of women both at the

international level and national level separately. siCeable volume of literature is also

available on international conventions and !ndian property laws. here are >uite a large

number of articles on various facets of property rights at the global level as well as the

national level. owever, no systematic and comprehensive study is found on the awareness of

property rights of women and accessibility to justice for women to get their share in their

property and hence this research attempts to fill that lacunae.

%OOS

!n the boo) titled FWomen, ocial Nustice and umanG1 the meaning of term

Fccess to NusticeG is >uoted as follows+

ccess to justice is an important criterion of democracy in action. 0or a@i 8#


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rticle :ual

opportunity. o >uote a@i 8#uotes about

the education of girls. !t is studied that in the last two hundred years the concept of education

for women has changed radically. !n fact less than two hundred years ago, formal education

was not considered appropriate for women. ut now it is considered as appropriate for

women.

he boo) titled FWomens (ights in !ndia D 0eminist 4erspectiveG refers to about

the illiterate women in !ndia. !t narrates that 22 the vast majority of women in !ndia are

illiterate, underpaid, e@ploited and deprived. he !ndian women have to survive in comple@

socio-cultural, historical, political and economic conte@ts. ?ur society ta)es women for

granted or to be tortured or HcommoditiCed. here can be no two opinions that women today

can no longer be regarded as the wea)er se@ discriminated against as second class citiCens.

he boo) titled Findu women and marriage law D from sacrament to contractG23

>uotes about the growth of the indu law of succession can be traced from the Vedic period.

female was recognised from the earliest times as the holder of separate property D tridhan.

8239rt:ually have the right to an ade>uate means to livelihood

82#9 =ati)a Menon, 0emale I@ploitation nd Womens Imancipation, 0irst 4ublished #


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!t was in #ual inheritance which was restricted only to

male members of the indu %ndivided 0amily but after successive amendements several

states have chosen to e@tend the benefit to unmarried female members too. bench of

justices 1 inghvi and / (adha)rishnan said even if a decree of partition has been passed,

a female claimant can enforce her e>ual property right if she was unmarried at the time of the

amendment brought in by the respective state legislatures.

!n the magaCine of 23#3 issue of FI !MI ?0 !5&!G 2" it was read that the

Ehristians women did not )now that their right to property is governed by the provisions of

the !ndian uccession ct, and not the indu uccession ct. !ndian uccession ct

guarantees women to succeed on a par with sons. Iven though Ehristian women have

e>ual rights as per law, they rarely avail the provision, either due to ignorance or due to

opposition from male heirs." s a result of the real estate boom, more women are going to

court, asserting their property rights. 4rabha)ar (ao says there has been a small but

2;9 Married womens property right act !!! of #6$;

#9n ct to e@plain and amend the law relating to certain married women, and for other purposes.

4reamble+WI(I it is e@pedient to ma)e such provision as hereinafter appears for the enjoyment of

wages and earnings by women married before the first day of Nanuary, #677, and for insurances on livesby persons married before or after that day+ nd whereas by the uccession ct, #uire any interest in the property of the person whom he orshe marries, nor become incapable of doing any act in respect of his or her own property, which he or

she could have done, if unmarried+ nd whereas by force of the said ct all women to whose marriagesit applies are absolute owners of all property vested in, or ac>uired by, them, and their husbands do not

by their marriage ac>uire any interest in such property, but the said ct does not protect such husbandsfrom liabilities on account of the debts of their wives contracted before marriage, and does not e@pressly

provide for the enforcement of claims by or against such wives+

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25)he imes of !ndia, May #6, 23##, p #2

2")he imes of !ndia, May 6, 23#3. 4#

noticeable increase in the number of women resorting to legal recourse for property due to

boom in real estate value."Women don't usually drag families to court* even now, the

increase of a mere 2-: per cent is usually on someone's advice, perhaps their husband's or

in-laws.

!n the magaCine dated 233$ issue of FI !5&%G 27 the earlier and prevailing

rights of uccession of indu women were discussed.

!t was given that he indu Women's (ights to 4roperty ct, #


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ection 7 of the indu uccession ct2!deals with the succession to the interest of a

male member in a indu coparcenary property when he dies without leaving any will

!n the magaCine dated 23## issue of FI !5&!5 IB4(IG 3# latest indu

uccession 8mendment9 ct,233A was briefed.

indu woman or girl will have e>ual property rights along with other male relatives

for any partition made in intestate succession after eptember 233A.

he ape@ court said the female inheritors would not only have the succession rights

but also the same liabilities fastened on the property along with the male members.

"he new ection 731provides for parity of rights in the coparcenary property among

male and female members of a joint indu family on and from eptember


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8:29 !( 23##, 667 E#,

ccording to the ape@ court, the right that accrued to a daughter in the property of a

joint indu family governed by the Mita)shara =aw, by virtue of the 233A mendment ct,

is absolute, e@cept under certain circumstances.33

ARTICLES IN JOURNALS

!n a rticle of FN?%(5= ?0 I !5&!5 =W !5!%IG34(ight to

property under the constitution is discussed with.

he final form in which the right to property was incorporated in the fundamental

rights is discussed in rticle #


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!t is worth noting that the property ac>uired by a woman by inheritance and that

ac>uired by her on partition were two of the five additional sorets of stridhana comprised in

vijnaneshwaras e@pansion of the word adya. indu woman was always subjected to

restriction in the matter of enjoyment of proprietary right e@cept in the presidency of

ombay. he only e@ception was that of the stridhana property which she had obtained at the

time of marriage. he stridhana property was also in its turn subject to many restrictions and

limitations.

. RESEARCH METHODOLOGY

PILOT STUDY

efore research a pilot study was conducted by the researcher and the >uestionnaire

was first chec)ed with :3 respondents to chec) whether the >uestions were leading toobjectives. he researcher identified difficulties in getting the sensitive information from the

respondents in absolute terms and hence the >uestions were suitably modified.

ome of the respondents opined that the >uestionnaire was very lengthy. hen

>uestionnaire was partially changed by adding, deleting, reforming few >uestions and again

retested and data collection was continued after conforming to the objectivity of the result got

from modified >uestionnaire.

0or the research wor) the researcher has chosen empirical method for collecting the

data. he researcher has adopted the convenient sampling method and in some areas adopted

the cluster sampling method. i.e. particularly in collecting the data from students category and

clients category. he researcher has circulated the >uestionnaire to the respondents and

collected the data and hence applied the >uestionnaire method also.

0or the research purpose the researcher has chosen ;33 respondents across length and

breadth of the Ehennai city. he researcher has chosen the place of survey as Ehennai citybecause of its heterogeneous population which includes rural and urban client, educated and

uneducated women.

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he researcher has divided the respondents into four category of women and ta)en

#33 samples from each category of women which amounts to ;33 in total. he first category

includes the students category, second from educated wor)ing and nonwor)ing women the

third is from uneducated wor)ing and non wor)ing women and the fourth category is from

women clients in city civil courts situated in igh Eourt Eampus who answered the

>uestionnaire individually.

he survey >uestionnaire was systematically structured to include different category

of >uestions. he initial screening >uestions were about the general information of the

respondents which includes the name, address, educational >ualification, occupation and

second categorty of >uestions were awareness related >uestions and third about the

accessibility related >uestions. he survey >uestionnaire was administered in various

colleges in different places of Ehennai and in certain private offices, government offices in

Ehennai for survey of educated and uneducated wor)ing category of women and to women

clients of the city civil courts in igh court campus in Ehennai.

he research has two components D #9 survey of the property rights awareness among

the four categories of respondents and 29 urvey of the property rights related to access to

justice among these four categories. his report presents only the field survey results.

0or the research the researcher resort to different sampling designs depending on the

nature of population and simplicity in adoption. he researcher had certain predefined group

in the mind. n attempt is made to see) members of this group to be included in the sample

here. he (esearcher wanted to do the study about awareness and access to justice of

property rights only among women.

SAMPLING PLAN

ince the population of the Ehennai for the research is very large and all the

respondents could not be surveyed due to practical difficulties, only predetermined sampleshave been ta)en up for the study. Many women were reluctant to divulge their details on

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various factors. ence the data were collected from the respondents who were willing to

divulge the information as)ed through the structured >uestionnaire. !n order to have

representation from different demographic groups Eonvenience sampling and cluster

sampling is done to select the respondents. Eluster sampling method was used in the category

of students and clients to collect the data. 0or the research purpose, the researcher has adopted

chi s>uare test and five classification for testing the samples to find out the analysis.

DEPENDENT AND INDEPENDENT &ARIA%LE '

!n this research, the researcher has ta)en two dependent variable as awareness and

access to justice. nd five independent variables as age, education, employment, religion and

marital status.

TOOLS

structured >uestionnaire was used as a tool for collecting the data for the research.

he >uestionnaire was framed to bring out the awareness and accessibility to justice about the

property rights among the students of various colleges, educated and uneducated women,

wor)ing and non wor)ing women and clients was prepared and circulated among the

respondents and collected the data

he >uestionnaire evaluates the awareness and accessibility of justice of the

respondents with respect to their property rights, on a A point rating scale. he respondents

are as)ed give the answers to #A >uestions relating the wareness and accessibility to justice

on the property rights on the five point scale with the scores obtained they are divided in to

three categories based on the median values . hose who scored above the median values are

classified as having high awareness and accessibility and those having lower than the median

values are classified as low awareness and accessibility and those who scored in the middle as

having medium awareness and accessibility.

0or the purpose of the research, the researcher has chosen the respondents of all the

categories from the rts and 4rofessional Eolleges Madras %niversity employees, (&?office, ! companies private concerns, city civil courts in high court campus, all well within

Ehennai city.

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!. SOURCES OF DATA+

Eollection of data as the first hand information from the respondents is crucial for the

study, hence it is a primary source. owever, the !nternational treaties and conventions

related to human rights, !ndian Eonstitution, !ndian cts and tatutes related to property

rights, Nudgements delivered by the upreme Eourt on property rights of women also

constitutes 4rimary sources for the purpose of this research. rticles, boo)s, dissertations,

write-ups of scholars on these subjects, review of case laws constitute the secondary sources.

he sources of the internet were also used in appropriate places.

1#. DELIMITATIONS'

his study comprised of ;33 samples totally and for the purpose of this research the

study was conducted only among women respondents of Ehennai city at various places. he

study was conducted in Ehennai city as it includes heterogeneous population of various

groups. he researcher has fi@ed the age group of the respondents as #6, starting age andma@imum age till their life. ecause as per !ndian Majority ct the age of voting is fi@ed as

#6 years and this will be the minimum age for my study. Women and girl students alone were

selected for my research as it is purely related to women rights.

0or the age the researcher has classified into three categories of age. Jounger age

below the age of 2A, middle age from 2A to ;3, and the older age after ;# of age. =i)ewise for

education as variable the researcher has classified respondents into three levels of education,

first primary level, second high school to higher secondary level, thirdly after graduation

level. hen for the employment as variable the researcher has classified respondents into

three categories as government employed , private and self employed and third category as

home ma)er. 0or the religion as variable the researcher categorised the respondents into

indu, Muslim and Ehristian women. 0or the marital status as variable the researcher

categorised the respondents into unmarried, married, single women 8includes widow,

divorcee, and separated women9

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11. LIMITATIONS'

lthough this research was carefully prepared, the researcher is still aware of its

limitations and shortcomings. 0irst of all, he reluctance of the respondents to part with

information relating to few >uestions made the data collection very difficult. econdly, for the

research purpose the researcher has conducted her research in only few colleges and a very

few government concerns which may not be a representative sample. hirdly, the researcher

has chosen the population of the I@perimental group as ;33 across the length and breadth of

Ehennai city.

12. PLAN OF STUDY'

he research wor) has been divided into seven chapters. he first chapter is

I,-/0-/,, the second is P/-6 R8-9 /: W/;, , I,0


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PROPERTY RIGHTS OF WOMEN IN INDIA AN EMPIRICAL

STUDY A%OUT THE AWARENESS AND ACCESS TO JUSTICE

$UESTIONNAIRE

his will be )ept confidential. &o not feel obligated to answer any >uestion that you are not

comfortable with and do not hesitate to as) me for a clarification if you thin) that a >uestion

is a bit difficult or unclear. his is used only for the academic research purpose. Mar) your

answer as . =eave the irrelevant >uestions.

#9 5ameLddress +

29 ge +

:9 Iducational >ualificationL5ame of Eollege LJear +

#.4rimary 2. econdary :. igher econdary ;.%1 A.41 7.?thers

;9 ?ccupation +

#.tudent 2.4rivate :.1overnment ;. elf employed

A.ome ma)er

A9 (eligion+

#. indu 2. Muslim :. Ehristian ;. ?thers

79 Eontact 5o.

+

$9 Marital status +

#. %nmarried 2. Married :. Widow ;. &ivorce A. eparated

69 &o you have a property + #. Jes 2. 5o

uired . :. 4artitioned

;. from husband A. from in laws 7.not relevant

#39 whether your parents L brothers L husband L in-laws have given your share on their own +

#. Jes 2. 5o

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##9 !f your share of property is not been given out of their own will, then how do they settle L

settled your share in the property.

#. on demand 2. on re>uest :. after filing the case upon them

;. on force A. on someone recommendation

7.so far ! have not demanded

#29 ave you ever faced any problem with regard to property in your family.

#. not at all 2. lways :. rarely

;. >uite sometime A. very often

#:9 ave you filed a property case on your own+ #. Jes 2. 5o

#;9 ave you been influenced by any one while filing a property case.

#. inlaws 2. husband :. children

;. on my own A. relatives or friends

#A9 re you aware about property laws e@isting for women in the society+

#. less aware 2. more aware :. aware ;. fairly aware A. never aware

#79 !f you are aware then where did you get the awareness from+

#. !nternet websites 2. MediaLvL(adio :. 5ewspaperLMagaCines L=ibrary

;. 4ersonal contacts L through friends L through social networ)ing

A. wareness programmes conducted by 1ovt. L ocial organisations

#$9 Whether awareness created about property rights is sufficient at present or not.

#. more than sufficient 2. fairly sufficient :. less sufficient

;. sufficient A. not sufficient

#69 Iven though you have awareness what is resisting you from claiming your right or file a

suit upon them to get your share of property from parents Lbrothers L husband L in-laws.

#. ffection and respect towards them 2.financial problem

:. due to customary practice ! wont claim

;. due to spoiling of my image among relatives and friends

A. more time consuming court proceedings

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A. implementation of women property laws

239 s of now whether access to justice for women in property cases is available.

#. available 2.less available :.unavailable

;.mostly available A.available but with struggle

2#9 What do you need to increase easy access to justice for women on property issues

#. legal awareness programme8=49 2. affirmative action policy

:. property rights of spouses bill ;. community justice programme

A. merging of property right issues in mahila courts

229 &o you thin) bringing about a uniform civil code alone will solve the property issues andwill get the share to the women.

#. yes will solve 2. no it wont solve :. to some e@tent

;. to a greater e@tent A. its of no use

2:9 What do you thin) about the access to justice of Womens property right+ is it reachable

or far away+

#.easily reachable 2. far reachable :. not reachable

;. reachable A. probably reachable

2;9 Whether there is a need for a special court to sort out issues of property rights seperately+

#. Jes 2. 5o

2A9 &o you feel that the present legislations are ade>uate in affording e>ual rights to women

in getting their share in property+

#. ade>uate 2. less ade>uate :. more ade>uate ;. inade>uate

A. fairly ade>uate

279 !f inade>uate or less ade>uate or fairly ade>uate then what are the reforms you suggest in+

#. uniform civil code in all laws

2. uniform civil code in property laws

:. change in implementation of laws

;. more awareness programmes among women

A. speedy disposal of property cases filed by women

2$9 &o you )now about the latest legislation 8233A9that daughters have e>ual rights in

properties on par with sons #. Jes 2. 5o

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