HC Upholds Tribal Woman’s Right to Ancestral Land
Analysis
- The Rajasthan High Court has upheld the property rights of a woman from the Meena Scheduled Tribe community, striking down a previous order that denied her claim solely due to her tribal status.
- The case involved Manni Devi, who challenged a 2018 gift deed executed by her father in favour of another family member.
- After her civil suit was dismissed on technical grounds, she approached the revenue court for khatedari rights, but her claim was rejected by the Board of Revenue in June 2025, citing Section 2(2) of the Hindu Succession Act, 1956, which excludes Scheduled Tribes from its application unless notified by the Central Government.
- Justice Anoop Kumar Dhand overturned this decision, referencing Supreme Court judgments in Tirth Kumar v. Dadu Ram and Ram Charan v. Sukhram — both of which affirmed that denying property rights to tribal daughters violates their constitutional right to equality (Article 14).
- The court observed that customary exclusions or statutory gaps cannot justify gender-based discrimination, even among Scheduled Tribes.
- The judgment called the exclusion of tribal women from inheritance rights “manifestly unjustified” and urged the Union Government to amend the Hindu Succession Act, 1956, to extend equal property rights to tribal women.
- Justice Dhand directed the Sub-Divisional Officer, Chaksu, to resume proceedings in Manni Devi’s suit and decide it on merits without delay.
Static Part
- Article 14: Guarantees equality before law and equal protection of laws.
- Article 15: Prohibits discrimination on grounds of religion, race, caste, sex, or place of birth.
- Article 46: Directive Principle—obligates the State to promote the educational and economic interests of weaker sections, including Scheduled Tribes.
- Hindu Succession Act, 1956 (Section 2(2)) — excludes application to Scheduled Tribes unless notified by the Central Government.
- Landmark SC Judgments Referenced:
- Tirth Kumar v. Dadu Ram — upheld equal inheritance rights for tribal women.
- Ram Charan v. Sukhram — reinforced equality principles in property rights within ST communities.
Updated – 2 Aug 2025 ; 2:13 PM | News Source: Times of India