The Supreme Court of India took a landmark decision on July 17, 2025, and confirmed the property rights of tribal women. In Ram Charan and Ors. vs Sukhram and Ors., the Court declared that daughters were not provided with ancestral property, which infringed on their basic right of equality which was enshrined in the Constitution. This ruling is a step towards gender justice in tribal communities, where the customary laws tend to deprive women of their inheritance.
Case Background
The case was brought to light due to Sarguja district of Chhattisgarh on the heirs of Dhaiya, a Scheduled Tribe woman. Her daughters wanted the division of family property which was inherited by their maternal grandfather. The defendants countered the argument on the basis of tribal traditions that do not allow women to inherit. Even though the plea was not accepted by lower courts, the High Court granted equal rights to the female heirs as it was decided that such customs were discriminatory. This opinion was supported by the Supreme Court.
Time-honored Laws and Discrimination.
Most tribal societies have unspoken rules on succession, marriages, and adoption. This practice normally deprives women of their rights to land by claiming that women will lose their land in case they get married outside the tribe. But only 16.7 of Scheduled Tribe women own land as opposed to 83.3 percent of men. The Court noted that these traditions foster gender inequality and they cannot supersede constitutional guarantees.
Legal Shifts and Precedents
Madhu Kishwar vs State of Bihar (1996), the Supreme Court had declined to grant inheritance to tribal women to their ancestors in order to protect custom. However in the recent cases like Prabha Minz vs Martha Ekka (2022) and Kamala Neti vs Special Land Acquisition Officer (2022) courts started questioning whether customs were reasonable, certain and matched with public policy. The ruling of 2025 is a clear cut in favour of constitutional equality as compared to discriminatory practices.
Need for Legislative Action
Hindu Succession Act is not applicable to tribal societies and as a result, women are left at the mercy of customary laws. As noted in the judgment, it is necessary to have a Tribal Succession Act, which is an act that would entrench inheritance rights without infringing on tribal traditions. This type of legislation would provide legal clarity and gender equality without disrupting the community practices.
Wider Impact
Providing tribal women with the right to inheritance enhances the economic and social status of these women, as they will not be as dependent and discriminated. It is against the deep-rooted patriarchy and encourages non-discriminatory development in the tribal regions. The verdict of the Supreme Court sends across a powerful message that customs are not a form of protection against inequality, which leads to progressive changes in the tribal societies.
Month: Current Affairs - September 17, 2025
Category: current affairs daily