Supreme Court Ruling on Tribal Women's Inheritance Rights and the Hindu Succession Act
The Supreme Court recently upheld that the Hindu Succession Act, 1956, does not apply to Scheduled Tribes, reaffirming the legal principle of providing special protection to indigenous customs. In the case of Nawang v. Bahadur, the court overturned a High Court order that had granted inheritance rights to tribal women who had 'Hinduised.' The ruling confirms the constitutional validity of Section 2(2) of the Act, which excludes Scheduled Tribes. While this protects customary laws, it leaves many tribal women without absolute property rights, leading to calls for a separate enactment to ensure gender parity while preserving tribal identity.
Key Points
- Section 2(2) of the Hindu Succession Act, 1956, specifically excludes Scheduled Tribes from its purview.
- The Supreme Court ruled that Parliament, not the judiciary, has the authority to extend the Act to tribal communities.
- Customary laws in many tribal communities deny absolute property rights to women, creating a legal gap.
- The judgment emphasizes that tribal identity is maintained even if members adopt certain Hindu customs or convert.
Exam Facts
- Case Name: Nawang v. Bahadur (Supreme Court, October 8, 2025).
- Relevant Law: Section 2(2) of the Hindu Succession Act, 1956.
- Mizoram is cited as a state that has codified customary laws of succession.
Read it. Retain it. Recall it.
Get spaced-repetition flashcards, daily quizzes and offline access — free on Android.