PIL for daughter�s right in Agricultural land

Bhawinder (Querist) 26 August 2014 This query is : Resolved
The HSA amendment in 2005 gave equal rights to married daughter in all properties including agricultural properties.
But married daughters are well below in the hierarchy as per Section 171 sub section 2 of the Uttranchal Zamindari and Land Reforms act ad adapted from UPZA & LR act.

The two laws HSA 2005 as amended and Uttranchal Zamindari and land reforms are contradictory.

The agricultural land mutation is done by Tehsildars under the SDM and they follow the system as per Zamindari and Land Reforms Act only

There should be a clearly worded explanation and direction to the State Government to make necessary changes in the state land laws since the HSA amendment gives an over riding effect to state laws for agricultural lands.

How easy is to file a PIL in the High Court of Uttarakhand so that State Government may be directed by the Central Government to give married daughter equal rights in agricultural land for which the Parliament brought necessary amendment in HSA act ?

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Anirudh (Expert) 26 August 2014
NO COURT INCLUDING THE SUPREME COURT CAN COMPEL AN ELECTED GOVERNMENT TO PASS ANY PARTICULAR LAW IN ANY PARTICULAR WAY/MANNER. IT IS THE EXCLUSIVE DOMAIN OF THE LEGISLATURE.

PIL WILL NOT WORK.

Bhawinder (Querist) 26 August 2014
Thanks Anirudh.

Laws at centre prevail over state laws...Where and how will a married daughter find justice over her right in the agricultural land ?

Though HSA amendment deleted the clause protecting fragmentation of lands under state laws, but state laws did not follow it.