Ensuring Equal Succession Rights for Tribal Women: A Call for Legislative Action

Introduction

The Supreme Court's decision in Kamla Neti[1] v. Special Land Acquisition Officer, decided on December 9, 2022, has raised important questions about the long-standing problem of tribal women's succession rights and spurred intense debate within the tribe. In order to rectify the differences in inheritance rules that harm tribal populations, the Court highlights the need to review and modify the Hindu Succession Act, of 1956[2].

Tribal Women's Status under the Hindu Succession Act of 1956

Hindu women now have equal property rights thanks to modifications made to the Hindu Succession Act, of 1956, a key piece of law about inheritance rights. Nonetheless, until the Central Government instructs differently, Scheduled Tribe members are expressly excluded under Section 2(2)[3] of the Act. This omission casts doubt on the Constitution's tenets of equality and raises questions about the unfair treatment of indigenous women in inheritance disputes.

Reasons for Not Allowing Tribal Women to Have Succession Rights

The Hindu Succession Act and the Indian Succession Act, of 1925 do not apply to tribal tribes, who are ruled by customary rules. This succession legislation explicitly excludes Scheduled Tribes to preserve practices, especially those related to ancestral property. A further factor contributing to the uneven distribution of land and property among tribal women is the patriarchal structure of tribal society, where inheritance rights are often favoured by the male lineage.

There is a clear gender gap in tribal societies because customary rules often deny women equal entitlement rights. The All-India Report on Agriculture Census 2015–16 shows that although 83.3% of tribal males own land, just 16.7% of tribal women do the same[4]. The aim of gender equality among these communities shouldn't be hampered by the urge to preserve traditions.

Senior Tribal Citizens' Obstacles in Succession Planning

Only 5.2% of the tribe's members are seniors, primarily responsible for making choices on property divides and wills[5]. These people may not be able to appreciate how their choices would affect their heirs' rights to succession because of their low literacy rates and poor knowledge of legal ramifications. This often leads to dependence on customary rules and intestate succession, which maintains gender inequity.

Gender Equality and Succession in the Tribal Community

Even with the progressive Hindu Succession Act of 2005[6], which acknowledges daughters as coparceners, customary tribal rules still subject tribal women to prejudice. Legislation at the state level, such as the Chotanagpur Tenancy Act, of 1908, reinforces the discrimination against women in succession issues. Legal cases from the past, including the Madhu Kishwar case, have brought attention to the problems faced by tribal women who want the same succession rights as males.

The Madhu Kishwar case minority ruling by Justice K Ramaswamy makes a strong case for gender equality in indigenous cultures. Citing Articles 14 and 15 of the Constitution, he argues that legislation that existed before the Constitution and is incompatible with basic rights should be deemed invalid. In keeping with Article 39(a) of the Directive Principles of State Policy, Justice Ramaswamy supports the advancement of welfare for both men and women.

The Requirement of a Different Tribal Succession Act

Determining the degree to which indigenous people have been sufficiently Hinduized to fall under the Hindu Succession Act presents difficulties. This criterion leaves room for interpretation in administering inheritance laws since it depends on societal norms, marital customs, and religious beliefs. There is a rising desire for a distinct Tribal Succession Act to protect tribal identity, rather than integrating them into Hindu laws.

In summary

The Kamla Neti case highlights how urgent it is for lawmakers to step in and solve the long-standing problem of indigenous women's rights to succession. A thorough assessment of succession laws that apply to tribal tribes is required due to the absence of Scheduled Tribes from the Hindu Succession Act and customs that uphold gender inequity. A distinct Tribal Succession Act can provide a customized remedy, guaranteeing the preservation of cultural identity and advancing gender parity in these Aboriginal communities. It is critical to right past wrongs and create a fairer future for tribal women as India moves toward a more inclusive legal system.

Reference(s):

[1] Kamala Neti vs. LAO, 2016 SCC OnLine Ori 730

[2] Hindu Succession Act, 1956

[3] Hindu Succession Act, 1956 s 2(2)

[4]“Honouring and Empowering the Adivasis of India” <https://pib.gov.in/FeaturesDeatils.aspx?NoteId=151222&ModuleId%20=%202#:~:text=As%20per%20the%20Census%202011,with%20unique%20lifestyles%20and%20customs.> accessed 9 November 2023.

[5] “Honouring and Empowering the Adivasis of India” <https://pib.gov.in/FeaturesDeatils.aspx?NoteId=151222&ModuleId%20=%202#:~:text=As%20per%20the%20Census%202011,with%20unique%20lifestyles%20and%20customs.> accessed 9 November 2023.

[6] Hindu Succession Act, 2005

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