“Inheritance Equality for ST Women: A Landmark Judgment That Rewrites Customary Discrimination”
by Suryavanshi IAS🔍 Introduction
In a landmark ruling in July 2025, the Supreme Court of India upheld the right of the legal heirs of a Scheduled Tribe (ST) woman to an equal share in their maternal grandfather’s ancestral property. With this judgment, the apex court reasserted that customary law cannot override constitutional guarantees, especially in matters involving gender justice and equality.
This blog unpacks the judgment and places it in context for UPSC aspirants—covering the historical background, relevant constitutional provisions, present-day implications, and what lies ahead.
📜 Historical Background: Tribal Custom vs. Gender Rights
🏹 Status of Women in Tribal Communities
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Tribal societies in India are often portrayed as more egalitarian compared to mainstream caste hierarchies.
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However, when it comes to land ownership and inheritance, patriarchal customs are deeply entrenched even within tribal systems.
⚖️ Legal Context
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The Hindu Succession Act, 1956, governs inheritance among Hindus but does not apply to Scheduled Tribes under Section 2(2).
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Therefore, customary tribal laws govern inheritance within STs, and many such customs exclude women from ancestral property.
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In past decades, courts have generally deferred to these customs unless they were clearly unjust.
⚖️ What Did the Supreme Court Rule?
📌 The Case:
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The petitioners were legal heirs of an ST woman, seeking partition of their maternal grandfather’s property.
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Lower courts had rejected their claims, citing non-applicability of Hindu Succession Act to STs and upholding male-only inheritance under tribal custom.
🧑⚖️ The Verdict:
A Bench of Justices Sanjay Karol and Joymalya Bagchi ruled:
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Denying inheritance rights based on gender lacks rational nexus and violates Articles 14, 15(1), 38, and 46 of the Constitution.
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Customs cannot override constitutional morality. As society evolves, law and custom must evolve with it.
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The court observed:
“Others cannot be allowed to take refuge in customs or hide behind them to deprive others of their rights.”
📊 Relevant Data & Reports
| Indicator | Data |
|---|---|
| % of Tribal Women Owning Land | 13.5% (MoTA, 2019) |
| ST Female Literacy Rate | 56.9% (Census 2011) |
| Landlessness Among ST Women | Over 70% (NSSO, 2018) |
| Hindu Succession Act Applicability to STs | ❌ Excluded under Sec 2(2) |
🌐 Impact on Present-Day Governance and Society
✅ Positive Developments:
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Empowers tribal women to legally assert inheritance claims, a vital step toward economic empowerment.
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Strengthens constitutional supremacy over unjust customary practices.
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Reinforces the transformative spirit of Article 15, which prohibits discrimination on the basis of sex.
❌ Challenges:
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Implementation will face resistance in patriarchal tribal belts.
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Administrative vacuum exists: No unified law for tribal inheritance.
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Risk of social backlash or family disputes in traditional communities.
🧭 Way Forward / What Will Be Next
🛠️ 1. Legal Reforms
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The government should consider amending the Hindu Succession Act or introducing a Tribal Inheritance Code.
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A uniform gender-just framework for all communities (respecting diversity but upholding equality) is required.
📢 2. Grassroots Awareness
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Legal rights must be popularised among tribal women through panchayats, legal aid clinics, NGOs.
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Promote legal literacy campaigns in Scheduled Areas.
🧑⚖️ 3. Judicial Precedents
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Future cases will likely cite this judgment, making it a precedent for similar disputes.
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This may pave the way for gradual extension of gender-equal rights in other tribal customs.
🤝 4. Role of Institutions
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Ministry of Tribal Affairs (MoTA) and NCW must take proactive roles.
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State governments should issue guidelines to local revenue officials for fair partition of tribal property.
🧠 UPSC Mains Linkages
| Paper | Relevance |
|---|---|
| GS-1 | Indian Society – Women Empowerment, Role of Tribes |
| GS-2 | Constitution – Fundamental Rights, Customary vs. Statutory Law |
| GS-3 | Inclusive Growth, Land Reforms |
| Essay | Gender Justice, Social Transformation |
🧾 Conclusion
The Supreme Court’s decision is a powerful affirmation that no tradition can be above the Constitution—especially when it denies dignity and equality to half the population. In a democracy that claims to be inclusive, such progressive jurisprudence is essential.
As we move forward, law must be a tool of liberation, not exclusion, and customs must evolve, not become excuses for inequality.
🔔 Stay tuned with Suryavanshi IAS for more such insights that matter for your UPSC journey.
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