In a landmark move, the Supreme Court has called on the Union government to consider amending the Hindu Succession Act (HSA) of 1956 to ensure equal property rights for women from Scheduled Tribes (STs). The Court highlighted the continued disparity in inheritance laws that deny tribal women the same rights as their male counterparts to inherit paternal property.
A bench comprising Justices CT Ravikumar and Sanjay Karol made this recommendation on Thursday while hearing an appeal challenging a 2019 decision by the Chhattisgarh High Court. The members of the Sawara tribe filed a plea seeking to be governed by Hindu law regarding inheritance, but the High Court dismissed it.
Under the current provisions of the HSA, female members of ST communities cannot legally claim their share of a father’s property unless explicitly directed by the central government through a notification. This provision has been in place for decades, leading to concerns about gender inequality in tribal communities.
The Supreme Court referred to its 2022 judgment, which ruled that denying women from tribal communities equal rights in property matters was “bad in law.”
The ruling emphasized that if non-tribal daughters are entitled to an equal share of their father’s property, no valid reason exists to exclude tribal women from receiving the same entitlement.
Echoing this sentiment, Thursday’s ruling reiterated the 2002 verdict’s recommendation, urging the central government to amend the Hindu Succession Act and grant tribal women the same inheritance rights as their male counterparts.
The Court stressed that denying these rights after 70 years of India’s independence was inconsistent with the constitutional guarantee of equality under Articles 14 and 21.
The Chhattisgarh High Court applied the Central Provinces Laws Act, 1875, to grant property rights to tribal women, as the property owner had passed away before the enactment of the HSA, prompting the case to be brought before the Supreme Court. The Court upheld the High Court’s decision, agreeing that justice, equity, and good conscience justified the granting of property rights to tribal women in this case.
The Supreme Court’s call for legal reform marks a significant step toward ensuring equality for tribal women in matters of inheritance.
 of 1956 to ensure equal property rights for women from Scheduled Tribes (STs). The Court highlighted the continued disparity in inheritance laws that deny tribal women the same rights as their male counterparts to inherit paternal property.){kind=link}