The verdict in Ram Charan & Ors. vs. Sukhram & Ors. arose from an appeal denying female inheritance based on tribal customs.
Key Highlights of the Judgment
- Exclusion of tribal women from inheritance violates Articles 14 and 15 of the Constitution.
- Read together with Articles 38 and 46, they point to the collective ethos of the Constitution in ensuring that there is no discrimination against women.
- Even though the Hindu Succession Act 1956 does not apply to Scheduled Tribes, it doesn't imply automatic exclusion of tribal women from succession.
- In the absence of a proven customary bar, courts must apply principles of justice, equity, and good conscience.
- Precedents Cited:
- Mst. Sarwango v. Mst. Urchamahin (2013): Directed inheritance to daughters based on equity.
- Tirith Kumar v. Daduram (2024): Upheld female inheritance rights in tribal property.
Significance: The verdict advances gender justice in tribal communities, marking a shift from court’s earlier cautious stand on tribal women inheritance rights.
Custom as a Source of Law
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