The Supreme Court on Thursday (Dec 19) emphasized the need for parity in inheritance rights between male and female members of scheduled tribe (ST) communities. A Bench of Justice CT Ravikumar and Justice Sanjay Karol held that denying equal rights to women from ST communities is unjustifiable, particularly in light of the Constitution of India’s guarantee of the right to equality. The Court also highlighted that when a daughter from a non-tribal community is entitled to such a right, there is no reason to deny the right to daughter belonging to ST community.
The Supreme Court made significant rulings on various constitutional and legal issues, including the non-challenge of statutes based on basic structure, necessity for official notifications for customs exemptions, and limitations on property rights. The Court reinforced principles of fairness, integrity in appointments, and guidelines against punitive demolitions while addressing social justice concerns.
The Supreme Court has referred the issue of Hindu women’s proprietary rights under the Hindu Succession Act to the Chief Justice for a larger bench to address inconsistencies in interpretations. Current laws create confusion between different judgments, impacting the rights of Hindu females and their families, necessitating clarification on property ownership principles.
On Wednesday (24th April): The Delhi High Court emphasized a wife’s right to use and benefit from her husband’s property during her lifetime, including its income, for financial independence after his passing. The court clarified that this right does not grant absolute ownership, preventing the wife from selling or transferring the property. Case: Manmohan Singh & Anr vs Shital Singh & Ors.
