Supreme Court on right of Tribal women: Tribal daughter equally entitled to father's property

The matter related to the succession of tribal women was heard in the Supreme Court on Friday. The Court has observed that when the daughter of a non-tribal is entitled to an equal share in the father's property, there is no reason to deprive the tribal daughter of such a right. During the hearing, the court directed the Center to examine the issue and consider amending the provisions of the Hindu Succession Act.
The apex court's direction came in a judgment dismissing a petition about whether a daughter belonging to a Scheduled Tribe is entitled to a share in the compensation in respect of acquired land on the basis of survivorship under the provisions of the Hindu Succession Act.
A bench headed by Justice MR Shah said- It is the right time for the Central Government to look into the matter and if necessary amend the provisions of the Hindu Succession Act. There is no justification for depriving a Scheduled Tribe woman of her right of survivorship under the Hindu Succession Act.
The Supreme Court said that the Constitution of India, under which the right to equality is guaranteed, but even after 70 years of independence, the daughter of tribals are being denied equal rights. It is high time for the Central Government to look into the matter and, if necessary, amend the provisions of the Hindu Succession Act.
According to section 2(2) of the Hindu Succession Act, the Hindu Succession Act does not apply to members of the Scheduled Tribes. In such a situation, the daughters of the Scheduled Tribes are deprived of becoming entitled to the father's property. The Court observed that even 70 years after the Constitution came into force, tribal women were being denied equal rights over their father's property.
The Hindu Succession Act comes into force when a Hindu dies without leaving a will. Thereafter succession depends on the rules of law. The word succession is used specifically in the context of succession. A person's property, titles, debts and liabilities can be inherited upon death, but different societies treat inheritance differently. Real and real estate are often treated as heirlooms.