Listen to the Court – Tribal Women’s Inheritance Rights

(Source: The Indian Express, Editorial Page)

Also Read: The Indian Express Editorial Analysis: 22 July 2025
Also Read: The Hindu Editorial Analysis: 22 July 2025

Topic: GS1 (Indian Society: Tribal Issues, Women & Society), GS2 (Polity & Governance: Fundamental Rights, Social Justice, Judiciary), GS4 (Ethics: Equality, Gender Justice)

Context

The editorial discusses the Supreme Court’s July 2025 verdict granting tribal women equal rights to ancestral property, overruling traditional customs that excluded them. By prioritizing the Constitution’s equality and justice provisions, the Court affirmed that no custom or practice can deny women their fundamental rights. This judgment has long-term implications for tribal society, gender justice, and Indian law—core areas for UPSC aspirants.

Introduction

For decades, tribal customs denied women a share in ancestral property, citing tradition and the exclusionary scope of the Hindu Succession Act for Scheduled Tribes. The Supreme Court’s latest decision is a landmark step in upholding the constitutional promise of equality and correcting gender injustice in India’s marginalized communities.

Background – Legal Journey

• The dispute began when the female heirs of a Scheduled Tribe family in Chhattisgarh claimed a share of their maternal grandfather’s property.

• The claim was challenged by male kin citing tribal custom that allegedly barred women from inheritance.

• Lower courts rejected the claim, placing the burden on the women to prove a contrary custom.

• The Supreme Court overturned these decisions, setting a new standard for interpreting customary law vis-à-vis constitutional guarantees.

Key Judicial Observations

• Primacy of Constitution Over Custom:
  Customs and practices cannot override fundamental rights to equality (Articles 14 & 15). Any custom denying women inheritance is invalid if it violates constitutional principles.

• Reverse Burden of Proof:
  Now, those opposing women’s inheritance must prove an established custom justifying exclusion—addressing patriarchal presumptions in legal interpretation.

• Evolving Customary Law:
  Customs must adapt with time and societal progress. The Court held that rights cannot be denied on the basis of static traditions, especially if these are unjust or discriminatory.

Constitutional and Social Dimensions

• Equality and Social Justice:
  The Court emphasized India’s commitment to gender justice and equality for marginalized sections, referencing constitutional directives to empower Scheduled Tribes and women.

• Legislative Implications:
  The judgment encourages the legislature to consider amending laws so that tribal communities are not left behind succession reforms.

Broader Implications for UPSC Aspirants

• GS1: Tribal society, gender issues, and the transformation of social customs.

• GS2: Judiciary’s role in advancing social justice, constitutional supremacy over personal and customary laws.

• GS4: Ethical questions of justice, dignity, and balancing tradition with equality.

Customary Law vs. Constitutional Rights in Tribal Inheritance

Aspect	Prior Custom/Practice	Supreme Court Verdict (2025)	UPSC-Relevant Implications
Inheritance Law for ST Women	Restricted/excluded under customary law	Equal right; customs subject to Constitution	Highlights intersection of law, society, and equality
Burden of Proof	On women to show custom allows their inheritance	On claimants opposing women’s rights	Encourages gender justice; checks patriarchal legal norms
Constitution vs. Custom	Custom can override in absence of law	Constitution prevails over customs	Affirms constitutional supremacy; fosters legal uniformity
Scope of Judicial Reform	Courts upheld tradition, citing Section 2(2) HSA	Courts reinterpret in light of gender equality	Judiciary as an agent of social change
Legislative Suggestion	No explicit push for change	Calls for HSA amendment for ST inclusion	Promotes legislative activism for marginalized groups

Conclusion / Way Forward

• The Supreme Court’s 2025 verdict is a landmark step toward ensuring constitutional equality for tribal women.

• It reasserts the supremacy of fundamental rights over regressive customs and traditions.

• By shifting the burden of proof to those opposing gender equality, the Court strengthens legal safeguards against discrimination.

• The ruling encourages both judicial and legislative reforms aimed at uplifting marginalized communities, especially in matters of personal law.

• It sets a strong precedent for using the judiciary as a tool for social transformation and justice, aligned with the goals of the Indian Constitution.

Practice Question: (GS-2 | 15 Marks | 250 Words) Discuss the significance of the Supreme Court’s 2025 verdict on inheritance rights for tribal women. How does it balance customary law and constitutional principles? Analyze its broader implications for social justice and gender equality in India.