In a landmark judgment advancing gender equality, the Supreme Court on Thursday ruled that women from tribal communities, and their legal heirs, are entitled to equal rights in ancestral property. This ruling addresses a longstanding inequality within some of India’s most marginalised groups.
A bench comprising Justice Sanjay Karol and Justice Joymalya Bagchi declared that denying women inheritance rights is both discriminatory and unconstitutional. The judgment cited Article 14, which guarantees equality before the law, and Article 15, which prohibits discrimination based on sex, caste, or religion.
“One would think that in this day and age, where great strides have been made in realising the constitutional goal of equality, this Court would not need to intervene for equality between the successors of a common ancestor, and the same should be a given, irrespective of their biological differences… but it is not so,” the judgment began.
The case was brought by Dhaiya’s children, who had been denied rights to their maternal grandfather’s property by male relatives citing customary tribal practices. Lower courts had dismissed the plea, requiring proof of a custom allowing female succession.
The apex court reversed those decisions, stating it was unjust to place the burden on Dhaiya. Though no custom supporting female succession was proven, the court said no valid opposing custom had been established either.
The judges acknowledged that the Hindu Succession Act excludes Scheduled Tribes, but held that this cannot justify depriving tribal women of inheritance.
Justice Karol wrote, “Even if there is such a practice, it will have to evolve. Like law, customs also cannot be bound by time. Others cannot be allowed to take refuge in customs or hide behind them to deprive others of their rights.”
“There is no justification for allowing only male heirs to inherit,” the court ruled.
(With inputs from agencies)
