Supreme Court Allows Tribal Women Equal Succession Rights As Men | Current Affairs | Vision IAS
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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

  • Customs are one of the oldest sources of law. It regulates human behavior and becomes legally binding when recognized by courts.
  • To be recognized as a binding law, custom must fulfil criteria like reasonableness, morality etc. 
  • Some customs can lead to suppression of reason and obscurantism such as Sati practice, Child marriage, triple talaq etc. 
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