SC wants succession rights to tribal women

New Delhi, December 9

Maintaining that a tribal woman was entitled to parity with her male counterpart in succession, the Supreme Court on Friday asked the Centre to examine the issue and bring amendments in the Hindu Succession Act to make it applicable to members of the Scheduled Tribes.

Section 2(2) of the Hindu Succession Act says it will not be applicable to members of the Scheduled Tribes.

However, a Bench of Justices MR Shah and Krishna Murari directed the Union Government to examine the question. “We hope and trust that the Centre will look into the matter and take an appropriate decision, taking into consideration the right to equality guaranteed under Articles 14 and 21 of the Constitution,” the Bench said.

The top court said when a daughter belonging to a non-tribal community was entitled to equal share in the property of her father, there was no reason to deny such a right to the daughters of tribal communities.

It said there was no justification for denying the right of survivorship (right of a person to property on the death of another having joint interest) to female members of Scheduled Tribes, making it clear that a female tribal was entitled to parity with the male tribal in intestate succession.