Inheritance Rights of Tribal Women
Context:
The Supreme Court, in a verdict delivered on October 8, 2025, upheld the provisions of the Hindu Succession Act, 1956, clarifying its applicability to tribal communities.
The ruling addresses the long-standing conflict between customary laws and statutory inheritance rights for tribal women.
Key Legal Provisions:
Section 2(2) of Hindu Succession Act:
This section explicitly states that the Act does not apply to any Scheduled Tribe (ST) notified under Article 342 of the Constitution.
Most tribal customary laws deny absolute property rights to women.
Consequently, tribal women were often left without inheritance rights unless they could prove they had been "Hinduised" (abandoned customary practices for Hindu traditions).
The Supreme Court Verdict:
Affirmation of Exclusion:
The Bench affirmed the constitutional validity of Section 2(2).
It ruled that the Act cannot be extended to tribal people merely on the grounds of "Hinduisation".
Ending Ambiguity:
Previously, courts often broadened the scope of Section 2(1) (definition of Hindu) to include tribes not expressly excluded.
The recent judgment establishes that Section 2(2) overrides Section 2(1), preventing the "forced Hinduisation" of tribal women seeking inheritance rights.
Way Forward:
Now that the SC has closed the door on applying the Hindu Succession Act to STs, the government should introduce a special enactment governing inheritance right for the indigenous population.
It recommends codifying customary laws, similar to the model followed in Mizoram, to ensure gender parity while preserving the unique identity and customs of tribal communities