Supreme Court Affirms Property Rights for Tribal Women’s Heirs

Rapid Summary

• The Supreme Court of India upheld the right of legal heirs of a Scheduled Tribe woman to receive an equal share in their maternal grandfather’s ancestral property.
• A Bench comprising Justices Sanjay Karol and Joymalya Bagchi ruled that denying women and their heirs property succession violates constitutional principles, including article 15(1), which prohibits discrimination based on gender, caste, or other grounds.
• The judgment emphasized that customs and traditions cannot override laws ensuring equality.
• Legal heirs had appealed against lower court decisions that dismissed their claims, reasoning Scheduled Tribes were not governed by the hindu Succession Act and lacked evidence supporting inheritance rights for children of female heirs.
• The Supreme Court stated refusing women’s property rights perpetuates gender discrimination while contradicting constitutional ethos under Articles 38 and 46 promoting social justice.

Indian Opinion Analysis
This landmark judgment reinforces India’s commitment to gender equality enshrined in its Constitution by challenging systemic biases embedded in customary customs regarding inheritance rights for women. By asserting that customary practices must evolve with time,the judiciary has set a precedent addressing gender-based inequities in succession laws impacting marginalized sections like Scheduled Tribes. While progress toward parity is bolstered at the legal framework level, implementation challenges may remain due to ingrained societal norms and resistance within local communities enforcing traditional rules over modern legislative mandates.

Read more: The Hindu