Denying Inheritance to Tribal Women Discriminatory: Supreme Court Upholds Equal Succession Rights

The Supreme Court held that excluding tribal women or their heirs from inheritance is discriminatory and violates Articles 14 and 15 of the Constitution.

Though the Hindu Succession Act doesn’t apply to Scheduled Tribes, the Court ruled that in the absence of any proven custom barring female succession, equality must prevail.

The Court emphasised that customs, like laws, must evolve and cannot justify gender-based discrimination. 

The Court reversed lower court rulings that denied legal heirs of a tribal woman, Dhaiya, their property share, stating courts must apply justice, equity, and good conscience when no codified law or restrictive custom is shown to exist. (Ram Charan v Sukhram)