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The Supreme Court has urged the Union government to consider amending the Hindu Succession Act (HSA), 1956, which disqualifies a scheduled tribe (ST) woman from being considered on par with male counterparts in matters of her share in the paternal property.
A bench of justices CT Ravikumar and Sanjay Karol, in a ruling on Thursday, made the recommendation, referring to a 2022 judgment of the Supreme Court holding that it is “bad in law” to deprive a woman of her right in the father’s property.
A pertinent provision of the HSA lays down that the law of succession shall not apply to the members of STs unless the central government, by notification in the official gazette, otherwise directs. The provision thus entails that a daughter in a ST community cannot legally demand her share in the father’s property.
Lamenting the continuance of the provision after seven decades of India’s Independence, the 2022 judgment flagged that when the daughter belonging to non-tribal groups is entitled to an equal share in the property of the father, there is no reason to deny such right to the daughter of the tribal communities.
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Thursday’s judgment endorsed the 2002 verdict. “The recommendation/suggestion made therein to the central government to look into pathways to secure the right of survivorship to female tribals is hereby reiterated,” it underlined.
The bench also reproduced the relevant part from the 2022 judgment, which stated: “Female tribal is entitled to parity with male tribal in intestate succession. To deny the equal right to the daughter belonging to the tribal even after a period of 70 years of the Constitution of India under which the right to equality is guaranteed, it is high time for the Central Government to look into the matter and if required, to amend the provisions of the Hindu Succession Act by which the Act is not made applicable to the members of the Scheduled Tribes,” it said.
The previous judgment added: “We hope and trust that the Central Government will look into the matter and take an appropriate decision taking into consideration the right to equality guaranteed under Articles 14 (right to equality) and 21 (right to life and liberty) of the Constitution of India.”
The court was hearing an appeal challenging a 2019 decision of the Chhattisgarh high court, disallowing a plea by persons who were members of the Sawara tribe but wanted to be governed by Hindu law in matters of inheritance. Simultaneously, the high court invoked the Central Provinces Laws Act, 1875 to grant some tribal women, daughters of the property owner in question, a share in the suit property on the grounds of justice, equity and good conscience,
Noting that the property owner passed away in 1951, that is, prior to the enactment of HSA which brought the prohibition against tribal women, the top court affirmed the high court’s views in applying the 1875 Act to grant property rights to the tribal women.
This news is sourced from Hindustan Times and is intended for informational purposes only.
