The Supreme Court of India prioritizes women’s rights and takes progressive steps to make laws more gender-inclusive.
On December 9, in a judgment, the Supreme Court asked the central government to re-examine the issue and consider amending the provision in the Hindu Succession Act that denies a female member of a scheduled tribe the right of succession to her father’s property.
The court observed: “When a daughter belonging to a non-tribal community is entitled to an equal share of the property of the father, there is no reason to deny such a right to the daughter of a tribal community. Female tribal is entitled to parity with the male tribal in intestate succession.”
On Friday, the court verdict came in the case of a woman belonging to a Schedule Tribe community claiming her share of the compensation on the land acquired on the land acquired the provisions of the Hindu Succession Act, which was received by the male heirs.
As per Section 2(2) of the Hindu Succession Act, guarantees equal shares for male and female heirs, but it does not apply to members of the Schedule Tribes. (Indian Express)
Considering that the equal rights of the daughter belonging to a Scheduled Tribe have been denied even after 70 years of the Indian Constitution, which guarantees equal rights.
Therefore, the bench of Justices MR Shah and Krishna Murari, while expressing its inability to change the law, has urged the center to consider amending the provision of the Hindu Succession Act to make it applicable.
The Supreme Court has dismissed the current appeal and said: “We hope and trust that the Central Government will look into the matter and take an appropriate decision, taking into consideration the right to equality guaranteed under Articles 14 and 21 of the Constitution of India.”