Addressing gender disparity in property rights for tribal women in India
Despite the International Day of the World's Indigenous Peoples, tribal women in India continue to face significant gender injustice regarding ancestral property rights. Most tribal communities follow customary laws that exclude daughters from inheritance, a practice the Supreme Court recently scrutinized in Ram Charan and Ors. vs Sukhram and Ors. (2025). While the Hindu Succession Act was amended in 2005 to grant equal rights to daughters, Section 2(2) specifically excludes Scheduled Tribes. The article advocates for the codification of tribal laws or a separate act to ensure gender parity and protect tribal women from land alienation, ensuring their fundamental right to equality is upheld.
Key Points
- Tribal women are often denied inheritance rights under customary laws, unlike women covered by the Hindu Succession Act.
- The Supreme Court has emphasized that excluding daughters from ancestral property negates the fundamental right to equality.
- Only 16.7% of ST women possess land compared to 83.3% of ST men, according to the 2015-16 Agriculture Census.
- Codifying tribal laws could help resolve these disparities while respecting cultural nuances.
Exam Facts
- Section 2(2) of the Hindu Succession Act, 2005.
- Ram Charan and Ors. vs Sukhram and Ors. (2025) judgment.
- Kamala Neti (Dead) Thr. Lrs. vs Special Land Acquisition Officer (2022).
Read it. Retain it. Recall it.
Get spaced-repetition flashcards, daily quizzes and offline access — free on Android.