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In a significant ruling, the Supreme Court has clarified that the Hindu Succession Act, 1956, does not apply to Scheduled Tribes (STs). The Court upheld a Chhattisgarh High Court order granting property rights to the daughters of a tribal man.

The Supreme Court stated that Section 2(2) of the Hindu Succession Act explicitly excludes Scheduled Tribes from the scope of the Act, unless a specific notification is issued by the Central Government. This means that property matters of Scheduled Tribes will be decided under their own customary laws, not the Hindu Succession Act.

Background and Key Points of the Case:

This case involved the descendants of a tribal man from the Saura tribe. In this case, the plaintiffs argued that they were descendants of a common ancestor and that the daughters of their family members should not inherit property. At the same time, the High Court ruled in favor of the tribal daughters, following the principles of justice, equity, and good conscience.

The Supreme Court emphasized that a person's tribal status does not change unless a special notification is issued by the government. Integrating culturally or socially into the mainstream does not necessarily change their constitutional identity.

Call for Legislative Action:

The Supreme Court also stated that women members of Scheduled Tribes should have equal rights with men in property matters. The Court expressed concern that even after 70 years of independence, tribal women are still not enjoying equal rights. Therefore, the Court appealed to the Central Government to amend the Hindu Succession Act to provide equal inheritance rights to tribal women.

The Court also clarified that even if statutory laws are silent, the principles of justice, equity, and good conscience can be used, especially to ensure women's rights. This judgment is significant because many Scheduled Tribes lack specific inheritance laws and many traditional practices discriminate against tribal women.


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Hindu Succession Act Scheduled Tribes property rights tribal law Supreme Court judgment Women's Rights customary law gender equality Indian law Chhatishgarh High Court Section 2(2) Hindu Succession Act customary tribal law gender equality in succession.