Tribal Women’s Property Rights

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Context:

The Supreme Court in Ram Charan&Ors. vs Sukhram&Ors. (2025) held that exclusion of daughters from ancestral property in tribal communities amounts to a violation of the fundamental right to equality.

Judicial and Constitutional Context

Supreme Court Intervention: The Court equated denial of property rights to tribal daughters with negation of Article 14 and Article 15 guarantees of equality.
Earlier Precedents: In Madhu Kishwar vs State of Bihar (1996), the Court refrained from striking down exclusionary customary laws, citing disruption risks.
Progressive Shift: Recent rulings in Kamala Neti (2022) and Prabha Minz (2022) expanded recognition of tribal women’s property rights, moving toward gender parity.

Customary Laws and Exclusion

Scheduled Areas Governance: Tribal communities in Scheduled V areas follow customary laws on marriage, succession, and adoption, often excluding women from inheritance.
Gender Disparities in Landholding: According to Agriculture Census 2015-16, only 16.7% of ST women possess land compared to 83.3% of ST men.
Justifications for Denial: Concerns of land alienation through inter-community marriages and the claim of communitarian ownership are used to deny women equal rights.

The Way Forward

Codification of Tribal Succession: A separate Tribal Succession Act can provide clarity and statutory backing for gender-equal inheritance in tribal societies.
Judicial Scrutiny of Custom: Courts can test customs on grounds of antiquity, continuity, and conformity with constitutional morality before recognition as law.
Strengthening Gender Justice: Legal reforms must ensure that tribal women, who significantly contribute to agriculture and livelihoods, are not deprived of rightful property.

Practice Question

“Customary laws often restrict inheritance rights of tribal women, perpetuating gender inequality. Critically examine the constitutional, social, and legal dimensions of ensuring property rights for tribal women in India.” (250 words)

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