Photo used for indicative purpose only. Source Internet
Shimla, Oct 25:
The All India Democratic Women’s Association (AIDWA) has expressed strong disappointment over the Supreme Court’s recent decision to overturn a 2015 Himachal Pradesh High Court ruling that had granted Scheduled Tribe women equal rights to ancestral property under the Hindu Succession Act, 1956.
Calling the verdict “unfortunate, anti-women, and a setback to the struggle for gender equality,” AIDWA said the judgment deprives tribal women of their rightful share in family inheritance and undermines their constitutional and civil rights.
In a statement issued on Friday, the association observed that Section 2(2) of the Hindu Succession Act remains a key obstacle in achieving equal property rights for women in tribal regions. The section excludes Scheduled Tribes from the purview of the Act unless specifically notified by the Central Government.
“This legal exclusion has continued to deny daughters in tribal districts such as Kinnaur and Lahaul-Spiti their rightful inheritance. The 2015 Himachal Pradesh High Court judgment had corrected this anomaly by upholding the right of tribal women to inherit property. Unfortunately, the Supreme Court has now overturned that progressive interpretation,” AIDWA stated.
The women’s organisation demanded that the Central Government amend the Hindu Succession Act to remove such discriminatory provisions and extend full property rights to women belonging to Scheduled Tribes. “Denying women their rightful share perpetuates inequality, economic dependence, and social injustice,” the statement added.
AIDWA also asserted that customary tribal laws should not be used as a pretext for gender-based exclusion. Instead, they must be aligned with constitutional guarantees of equality and justice.
“Women in tribal areas deserve the same dignity and legal rights as any other citizen. This is not just a matter of law, but a question of social justice and human rights,” the organisation emphasised.
The association further called upon legislators and civil society groups in Himachal Pradesh to push for immediate reforms ensuring gender parity in inheritance laws, particularly in Scheduled Tribe regions.
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