Inheritance Rights of Tribal Women

Inheritance Rights of Tribal Women
  • Context:

  • The Supreme Court, in a verdict delivered on October 8, 2025, upheld the provisions of the Hindu Succession Act, 1956, clarifying its applicability to tribal communities.

  • The ruling addresses the long-standing conflict between customary laws and statutory inheritance rights for tribal women.

  • Key Legal Provisions:

  • Section 2(2) of Hindu Succession Act:

  • This section explicitly states that the Act does not apply to any Scheduled Tribe (ST) notified under Article 342 of the Constitution.

  • Most tribal customary laws deny absolute property rights to women.

  • Consequently, tribal women were often left without inheritance rights unless they could prove they had been "Hinduised" (abandoned customary practices for Hindu traditions).

  • The Supreme Court Verdict:

  • Affirmation of Exclusion:

  • The Bench affirmed the constitutional validity of Section 2(2).

  • It ruled that the Act cannot be extended to tribal people merely on the grounds of "Hinduisation".

  • Ending Ambiguity:

  • Previously, courts often broadened the scope of Section 2(1) (definition of Hindu) to include tribes not expressly excluded.

  • The recent judgment establishes that Section 2(2) overrides Section 2(1), preventing the "forced Hinduisation" of tribal women seeking inheritance rights.

  • Way Forward:

  • Now that the SC has closed the door on applying the Hindu Succession Act to STs, the government should introduce a special enactment governing inheritance right for the indigenous population.

  • It recommends codifying customary laws, similar to the model followed in Mizoram, to ensure gender parity while preserving the unique identity and customs of tribal communities