Paper: GS – II, Subject: Polity, Topic: Legal issues, Issue: Tribal Women’s Inheritance Rights.
Context:
Recent Supreme Court rulings highlight complexities in tribal women’s inheritance rights, examining customary laws, exclusion under the Hindu Succession Act, 1956, and the urgent need for a separate legal framework ensuring gender justice.
Key Takeaways:
Supreme Court Verdict: Nawang v. Bahadur:
Core Ruling:
- Supreme Court upheld key inheritance provisions of the Hindu Succession Act, 1956 (HSA), Reaffirmed that the HSA does not apply to Scheduled Tribes (STs), Emphasized constitutional protection of indigenous communities.
Key Points of the Verdict:
- Overturning High Court Decision: The Supreme Court overturned a High Court ruling that allowed ‘Hinduised’ tribal daughters to inherit property under the Hindu Succession Act.
- Jurisdictional Limits: Only Parliament has the authority to extend the Act to tribal communities.
- Customary Practices: The ruling reinforced that tribal inheritance falls under customary practices unless officially intervened by the Central government.
Fundamental Rights & Equality Debate:
- In Ram Charan v. Sukhram, SC held that excluding daughters from ancestral property violates Article 14 (Right to Equality).
- Raises tension between gender justice and tribal autonomy.
Defining Hindu:
- Sastri Yagnapurushadji v. Muldas (1966), SC defined Hinduism as a way of life, not a rigid doctrine.
- A person may be Hindu by birth or genuine conversion.
- Conversion must reflect true intention, not merely legal advantage.
Implications for Tribal Identity:
- Conversion does not automatically erase tribal identity.
- A person remains part of the tribe unless customs are fully abandoned over generations.
- “Hinduisation” as a route to rights may undermine constitutional protections for tribal uniqueness (Fifth & Sixth Schedule safeguards).
The Supreme Court ruling sparks debate on tribal women’s inheritance rights, highlighting the need for legislative reform that balances gender equality with protection of tribal identity, preventing discrimination under the guise of tradition.
Source: (The Hindu)
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