2025, Vol. 5, Issue 2, Part C

The legal landscape governing inheritance among Hindu women has undergone profound transformation since the enactment of the Hindu Succession Act, 1956. Initially limited by patriarchal norms, the Act was significantly amended in 2005 to grant daughters equal coparcenary rights, thereby promoting gender justice within Hindu family law. However, a critical gap persists under Section 2(2), which excludes Scheduled Tribes from its applicability, leaving tribal women governed by customary laws that often deny them inheritance rights. This exclusion has raised constitutional concerns regarding equality, dignity, and non-discrimination under Articles 14, 15, and 21. Recent judicial developments, particularly Ram Charan v. Sukhram (2025), have redefined this discourse by recognizing the equal property rights of tribal daughters, even in the absence of statutory inclusion. The Supreme Court emphasized that customs cannot override constitutional guarantees unless they are reasonable, time-honored, and non-discriminatory. This judgment marks a decisive shift toward harmonizing cultural autonomy with gender equality, signaling the judiciary’s commitment to substantive justice for tribal women. The evolving jurisprudence thus calls for legislative reform to amend Section 2(2) and extend equal inheritance rights to all women, ensuring that the constitutional vision of equality is fully realized across communities.