Tribal women entitled to inherit property in accordance with Hindu Succession Act: HP-HC
Himachal Pradesh High Court has ruled that the daughters in tribal areas in the state shall inherit the property in accordance with Hindu Succession Act, 1956.
This landmark judgment will help to bring a new resolution in the tribal society’s inoder to grant equal rights to the girls and bring down gender disparity.
The ruling was given by Justice Rajiv Sharma by upholding the earlier order passed by District Judge of Chamba in 2002 to grant legal rights to women in family property.
The court rule that
- These tribal people profess Hindu rites and customs and they do not follow different Gods.
- Though their culture may be different but their customs must conform to the constitutional philosophy.
- Women have to be advanced socially and economically to bestow upon them dignity.
- Gender discrimination violates fundamental rights so the daughters in a society cannot be segregated from mainstream. So they are entitled to equal share in the property.
It should be noted that this judgement will help tribal women in districts of Kinnaur, Lahaul-Spiti and Chamba of state to reinforce their inherent rights in the ancestors’ property same as male siblings.