Property Rights, Tribals and Gender Parity Gap

• The Supreme Court of India has ruled that most tribal women do not have statutory rights in ancestral property, a significant issue affecting gender equality.

• The exclusion of daughters in ancestral property is seen as a negation of their fundamental right to equality.

• The issue of a tribal woman’s property rights is significant, especially in the north-east where matriliny exists in some tribes.

• A case involving Dhaiya, a Scheduled Tribe woman, was a case where the heirs claimed equal share in a property owned by their maternal grandfather.

• The court dismissed the claim that no custom existed in the Gond tribe where female heirs are given rights in ancestral property.

• The court granted Dahiya’s legal heirs an equal share in the property, stating that denying the female heir a right in property under the garb of customs only exacerbated gender discrimination.

• The Supreme Court refused to strike down the provisions as violative of the right to equality, stating that this would cause chaos in the existing law.

• Tribal customary laws in Scheduled Five Area States do not give land inheritance rights to females in ancestral properties, despite women contributing more in farms than men.

• The fear of tribal women marrying non-tribal men, leading to land alienation, is another reason for denying women land inheritance rights.

• The Supreme Court took an affirmative stand on tribal women’s property rights in Kamala Neti (Dead) Thr. Lrs. vs Special Land Acquisition Officer, marking one of the first steps towards gender parity in property rights among the tribal women.

Property Rights Tribals is important topic for Civil service exam (WBCS).

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