GS1 – Indian Society | GS2 – Social Justice & Polity
Context
The Supreme Court (July 17, 2025, Ram Charan & Ors. vs Sukhram & Ors.) has highlighted the denial of property rights to tribal women as a violation of their fundamental right to equality, calling for legislative action to ensure gender parity in inheritance.
Key Highlights
- Supreme Court Ruling (2025): Excluding daughters from ancestral property violates Article 14 (equality).
- Customary Laws: In Scheduled V areas, tribal women are often denied land inheritance rights despite major contributions to agriculture.
- Jharkhand HC (2022 – Prabha Minz vs Martha Ekka): Recognised property rights of women in the Oraon tribe.
- Chhattisgarh HC: Granted equal shares to legal heirs, rejecting customs that perpetuate gender discrimination.
- Earlier Hesitation: In Madhu Kishwar vs State of Bihar (1996), SC avoided striking down customary laws to prevent legal disruption.
- Data Gap: Only 16.7% of ST women own land vs 83.3% of ST men (Agriculture Census 2015-16).
- Concerns: Land alienation cited if tribal women marry non-tribal men.
- Positive Precedent: Kamala Neti vs Special Land Acquisition Officer (2022) – SC backed women’s property rights among tribals.
Detailed Insights
- Issue: Customary laws exclude tribal women from inheritance → structural gender inequality.
- Impact:
- Limits women’s empowerment and economic independence.
- Reinforces patriarchal control over agricultural resources.
- Undermines India’s constitutional mandate of equality.
- Legal Loophole: Hindu Succession Act (2005 amendment) benefits Hindu women but does not extend to tribal women governed by customs.
Way Forward / Solutions
- Tribal Succession Act: Create a separate law to ensure parity for tribal women while safeguarding community interests.
- Codification of Customary Laws: Bring clarity and harmonisation with constitutional values.
- Safeguards Against Alienation: Provide legal provisions to prevent misuse of women’s property rights (e.g., restrictions on sale to non-tribals).
- Awareness & Legal Literacy: Encourage community sensitisation for gender-equitable inheritance.