Supreme Court Upholds Tribal Women’s Property Rights
The Supreme Court of India delivered a landmark judgment on July 17, 2025, affirming the property rights of tribal women. The ruling in Ram Charan and Ors. vs Sukhram and Ors. declared that excluding daughters from ancestral property violates their fundamental right to equality. This decision marks step towards gender justice in tribal communities where customary laws often deny women inheritance rights.
Background of the Case
The case involved the legal heirs of Dhaiya, a Scheduled Tribe woman from Sarguja district, Chhattisgarh. They sought partition of ancestral property inherited from their maternal grandfather. The defendant refused, citing tribal customs that exclude female heirs. Lower courts initially dismissed the plea, stating no such custom existed to grant daughters inheritance rights. The High Court later granted equal shares to the female heirs, recognising gender discrimination in customary practices.
Customary Laws and Gender Discrimination
Tribal customary laws in Scheduled Areas govern marriage, succession, and adoption. Most deny women rights to ancestral land despite their contribution to agriculture. For example, only 16.7% of Scheduled Tribe women own land compared to 83.3% of men. These customs often exclude women to prevent land alienation through marriage to non-tribal men. However, land sales rarely benefit the whole community, questioning the validity of such customs.
Legal Precedents and Challenges
Earlier, the Supreme Court in Madhu Kishwar vs State of Bihar (1996) upheld customary laws denying women inheritance, fearing legal chaos. However, recent rulings like Prabha Minz vs Martha Ekka (2022) and Kamala Neti vs Special Land Acquisition Officer (2022) show a shift. Courts are increasingly scrutinising customs for antiquity, certainty, reasonableness, and conformity with public policy before upholding them.
Need for Legislative Reform
Current laws like the Hindu Succession Act exclude tribal women explicitly. This exclusion marks the need for a separate Tribal Succession Act. Codifying tribal laws similar to Hindu and Christian succession laws could ensure gender equality and legal clarity. Such reform would protect tribal women’s rights and promote social justice without disrupting tribal customs.
Impact on Tribal Society
Recognising women’s property rights challenges patriarchal norms in tribal communities. It empowers women economically and socially. Equal inheritance rights can improve women’s status and reduce gender-based discrimination. The Supreme Court’s judgment encourages re-examination of customs that perpetuate inequality and supports inclusive development in tribal areas.
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