New Delhi: When a daughter from a non-tribal community is entitled to equal share in her father’s property, there is no reason not to extend this right to daughters of tribal communities, the Supreme Court said on Friday.
A bench of Justices MR Shah and Krishna Murari, in a judgement pronounced on Friday said a tribal woman is entitled to parity with tribal man in intestate succession and asked the Centre to examine the issue and consider amending the provisions of the Hindu Succession Act.
The court directed the central government examine whether it is just and necessary to withdraw the exemptions provided under the Hindu Succession Act with regard to the applicability of the provisions of the Hindu Succession Act to the Scheduled Tribes and whether there is a need to “bring a suitable amendment or not.”
SC on Succession Act
“It hopes and trusts that the Centre will look into the matter and take an appropriate decision taking into consideration the right to equality guaranteed under Articles 14 and 21 of the Constitution,” the court said.
There is no justification for denying the right of survivorship so far as the female members of Scheduled Tribes are concerned as long as Section 2(2) of the Hindu Succession Act stands and there is no amendment, the court said in its judgement penned by Justice Shah.