Property Rights, Tribals and the Gender Parity Gap

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.
« Prev October 2025 Next »
SunMonTueWedThuFriSat
1234
567891011
12131415161718
19202122232425
262728293031