The Supreme Court of India delivered a landmark judgment in July 2025, addressing the property rights of tribal women. The ruling challenged the exclusion of daughters from ancestral property, declaring it a violation of the fundamental right to equality. This decision marks the urgent need to reconsider customary laws that deny tribal women their rightful inheritance.
Background of the Case
The case involved legal heirs of a Scheduled Tribe woman from Chhattisgarh. They sought equal share in ancestral property traditionally denied to female heirs. Lower courts rejected the plea citing tribal customs. The High Court granted equal rights, condemning gender discrimination masked as custom.
Customary Laws and Gender Inequality
In Scheduled Areas, tribal customs govern marriage, succession, and property. Most tribal laws exclude women from inheriting land despite their agricultural contributions. This exclusion stems from fears of land alienation if women marry outside the tribe and from the belief that land is communitarian property, not individual-owned.
Legal Precedents and Challenges
Earlier, the Supreme Court in 1996 refused to invalidate discriminatory tribal customs to avoid legal chaos. However, recent judgments, including a 2022 Jharkhand High Court ruling, have favoured tribal women’s inheritance rights when customs lack clear proof or reasonableness. Courts now examine customs against criteria like antiquity, certainty, and public policy.
Statistical and Social Context
Agriculture census data shows only 16.7% of Scheduled Tribe women own land compared to 83.3% of men. The denial of property rights affects women’s economic independence and social status. Tribal land sales rarely benefit the community, raising questions about the communal land argument.
Need for Legislative Reform
The exclusion of tribal women from the Hindu Succession Act calls for a dedicated Tribal Succession Act. Codifying tribal laws could ensure gender equality and legal clarity. Such reform would balance respect for customs with constitutional rights and social justice.
Impact of the Supreme Court Judgment
The 2025 judgment marks progress towards gender parity in tribal property rights. It challenges discriminatory customs and sets a precedent for future cases. The ruling encourages legal recognition of tribal women’s rights and promotes social change within indigenous communities.
Questions for UPSC:
- Critically analyse the impact of customary laws on gender equality in India’s tribal communities with suitable examples.
- Explain the significance of the Hindu Succession Act, 2005, and discuss why tribal women are excluded from its provisions.
- What are the challenges in codifying customary laws for indigenous populations? How can legislative reforms balance tradition and constitutional rights?
- Underline the role of the judiciary in advancing social justice for marginalized groups in India. Discuss with reference to recent Supreme Court judgments on tribal rights.
