Relevance: GS Paper I (Indian Society) & GS Paper II (Social Justice & Vulnerable Sections)

Source: The Hindu

1. The Context: A New Supreme Court Ruling

In October 2025, the Supreme Court delivered an important judgment regarding tribal property. The court had to decide: Should tribal women have the same right to inherit their father’s property as other women in India?

The court ruled that the Hindu Succession Act does not apply to Scheduled Tribes. It clarified that only Parliament (and not the courts) has the power to change these laws.

2. The Legal Hurdle: Section 2(2)

Why are tribal women treated differently by the law?

• The “Exclusion” Clause: Section 2(2) of the Hindu Succession Act (1956) specifically says this law does not apply to Scheduled Tribes.
• The Reason: This was done to protect the unique culture and traditional customs of tribal communities.
• The Result: Because they are excluded from modern laws, tribal women must follow their traditional customary laws, which are often patriarchal and deny women the right to own land.

3. The Big Debate: Culture vs. Fairness

This issue creates a conflict between two important goals:

• Protecting Identity: Tribal groups fear that if modern inheritance laws are introduced, their traditional way of life and land-holding patterns will be destroyed.
• Gender Justice: Denying women property rights makes them financially weak. It violates their Right to Equality (Article 14) and their right to live with Dignity (Article 21).
• The Identity Trap: In the past, some tribal women tried to claim they were “Hindus” just to get their inheritance. The Supreme Court has now stopped this “backdoor” entry, saying we need a clear, separate law.

4. The Way Forward

The Supreme Court has suggested that instead of forcing general laws on tribes, we should look for a “Middle Path”:

• Codification: This means writing down tribal customs but updating them to be fair to women (The Mizoram Model is a great example of this).
• Special Law: Parliament should create a special law for Scheduled Tribes that protects their culture while giving women their fair share of property.

UPSC Value Box

Why this matters for the Exam:

• Fundamental Conflict: It’s a classic case of Customary Law vs. Fundamental Rights.
• Social Justice: As India moves toward becoming a developed nation (Viksit Bharat), ensuring economic rights for 100 million tribal citizens is essential.

The Key Lesson: “Tradition” is important, but it should not be used as an excuse to keep women in poverty. Culture must evolve to respect the dignity of all its members.

Summary

The Supreme Court has confirmed that the Hindu Succession Act cannot be forced on Scheduled Tribes. To give tribal women equal rights, the government needs to pass a Special Law. The goal is to protect tribal identity without sacrificing the basic rights of women.

One Line Wrap: Cultural pride and gender equality must grow together, not at the expense of each other.

Q. “The exclusion of Scheduled Tribes from modern inheritance laws highlights the tension between protecting tribal culture and ensuring gender justice.” Discuss. (10 Marks, 150 Words)

Model Hints

• Intro: Mention the Nawang v. Bahadur (2025) case and Section 2(2) of the Hindu Succession Act.
• Body: * Explain how patriarchal customs leave tribal women financially vulnerable.
  • Discuss why the courts are hesitant to interfere in tribal culture.
  • Suggest Codification of Laws as a solution (like in Mizoram).
• Conclusion: Conclude that the law must balance Cultural Rights with Constitutional Equality.