Rethinking tribal women’s inheritance rights

Source: The post “Rethinking tribal women’s inheritance rights” has been created, based on “Rethinking tribal women’s inheritance rights” published in “The Hindu” on  24th February 2026.

UPSC Syllabus: GS Paper-2- Governance

Context: The recent judgment of the Supreme Court of India in Nawang v. Bahadur clarified that the Hindu Succession Act, 1956 does not apply to Scheduled Tribes. The judgment has revived debate on the inheritance rights of tribal women because many tribal customary laws deny equal property rights to women.

Background

1. Most tribal customary inheritance systems give property rights mainly to male members of the family.
2. Section 2(2) of the Hindu Succession Act excludes Scheduled Tribes unless Parliament decides otherwise.
3. Earlier courts sometimes allowed inheritance rights when tribal people adopted Hindu customs, which created confusion.
4. This situation forced tribal women to choose between preserving tribal identity and gaining legal rights.

Supreme Court Ruling

1. The Supreme Court held that the Hindu Succession Act cannot be applied to Scheduled Tribes in any situation.
2. The Court stated that only Parliament has the power to extend such laws to tribal communities.
3. The Court also said that High Courts cannot direct legislative changes in inheritance laws.
4. The judgment reaffirmed constitutional protection for tribal identity and autonomy.

Major Issues

1. Gender Inequality: Many tribal women are denied equal inheritance rights under customary laws. This exclusion goes against constitutional principles of equality and justice.
2. Legal Uncertainty: Earlier decisions granting rights after “Hinduisation” created inconsistent legal outcomes. Tribal women were unsure of their rights when property disputes arose.
3. Identity vs Rights Conflict: Tribal women sometimes had to abandon customary identity to claim inheritance. This process weakened tribal culture and autonomy.
4. Customary Law vs Constitution: Some customary laws discriminate against women. There is a conflict between respecting tradition and ensuring gender justice.

Related Judicial Observation:

1. In Ram Charan v. Sukhram, the Supreme Court observed that excluding daughters from ancestral property violates equality rights.
2. This shows growing judicial concern about gender discrimination in inheritance.

Way Forward

1. Parliament should create a special inheritance law for the Scheduled Tribes. Such a law should ensure gender equality while respecting tribal customs.
2. Codifying customary laws with reforms, as done in Mizoram, can serve as a model.
3. The government should consult tribal leaders, women’s organisations, and legal experts before drafting laws.
4. The new law should protect both tribal identity and women’s constitutional rights.
5. Legal awareness programmes should inform tribal women about their rights.
6. Legal aid should be provided to help tribal women fight inheritance disputes.

Conclusion: The Supreme Court judgment has clarified the legal position but has exposed gender inequality in tribal inheritance systems. A balanced legislative solution is required to ensure equal rights for tribal women without harming indigenous cultural traditions.

Question: Customary tribal laws often conflict with constitutional guarantees of gender equality. Discuss in the context of tribal women’s inheritance rights.

Source: The Hindu