Supreme Court urges Govt. to apply Hindu Succession Act to Scheduled Tribe communities

The Supreme Court on Thursday emphasized the need for parity in inheritance rights between male and female members of scheduled tribe (ST) communities [Tirith Kumar and Others v. Daduram and Others]..A Bench of Justice CT Ravikumar and Justice Sanjay Karol held that denying equal rights to women from ST communities is unjustifiable, particularly in light of the Constitution of India's guarantee of the right to equality.The Court also highlighted that when a daughter from a non-tribal community is entitled to such a right, there is no reason to deny the right to daughter belonging to ST community.Therefore, it called upon the Central government to revisit the provisions of the Hindu Succession Act, 1956 (Hindu Succession Act) and consider amending the law to make it applicable to the ST communities so as ensure equal inheritance rights for women belonging to such communities.Section 2(2) of the Act currently states that it will not apply to ST communities unless the Central government, by notification in the official gazette, otherwise directs."Female tribal is entitled to parity with male tribal in intestate succession. To deny the equal right to the daughter belonging to the tribal even after a period of 70 years of the Constitution of India under which right to equality is guaranteed, it is high time for the Central government to look into the matter and if required, to amend the provisions of the Hindu Succession Act by which the Hindu Succession Act is not made applicable to the members of the Scheduled Tribe," the Court quoted its 2022 decision in Kamla Neti v. The Special Land Acquisition Officer..The Court was hearing an appeal challenging the decision of the Chhattisgarh High Court granting property rights to a woman from the 'Sawara Tribe', which is a notified scheduled tribe under Article 342 of the Constitution of India.The appellants argued that since the father (Mardan) of the respondents died in 1951 before the enactment of the Hindu Succession Act, they cannot have any right in that property.Both the civil court and first appellate court held in favor of present appellants holding that both parties did indeed follow the Hindu religion and that the death of Mardan was prior to coming into force of the 1956 Act.As a result, the daughters of Mardan had no right over the subject property.However, the High Court invoked the principles of justice, equity, and good conscience to extend the survivorship benefit to the daughters of Mardan despite noting that 1956 Act did not apply to SC communitiesAggrieved, the appellants moved the present appeal..The top court affirmed the High Court decision by placing reliance on the Central Provinces Laws Act, 1875, which allows principles of justice, equity, and good conscience to fill gaps in tribal succession laws.Placing reliance on catena of its judgments, the Court highlighted that it can adopt equitable principles to promote fairness, especially for female descendants."The provisions of the Hindu Succession Act, 1956 and the Indian Succession Act, 1925 though in terms, would not apply to the Scheduled Tribes, the general principles contained therein being consistent with justice, equity, fairness, justness and good conscience would apply to them. Accordingly, I hold that the Scheduled Tribe women would succeed to the estate of their parent, brother, husband, as heirs by intestate succession and inherit the property with equal share with the male heir with absolute rights as per the general principles of the Hindu Succession Act, 1956, as amended and interpreted by this Court and equally of the Indian Succession Act to tribal Christians," the Court said, quoting its 1996 decision in Madhu Kishwar and Others v. State of Bihar..It therefore dismissed the appeal of the appellants..[Read Judgment]