Recently, the Supreme Court bench comprising Justices MR Shah and Krishna Murari held that a female member of the Scheduled Tribe (ST) is not entitled to any right of survivorship under the provisions of the Hindu Succession Act.

The bench also urged the Central Government to consider whether it is necessary to bring a suitable amendment to Hindu Succession Act in this regard.

“To deny the equal right to the daughter belonging to the tribal even after a period of 70 years of the Constitution of India under which right to equality is guaranteed, it is high time for the Central Government to look into the matter and if required, to amend the provisions of the Hindu Succession Act by which the Hindu Succession Act is not made applicable to the members of the Scheduled Tribe.” the bench said.

“We hope and trust that the Central Government 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 of India,” the court further said while dismissing the appeal of the ST woman for survivorship.

The Land Acquisition Reference Court had earlier rejected the claims made by Kamla Neti (the appellant) for the share of a woman in the compensation. The court rejected her claim mainly on the ground that as the party belongs to Scheduled Tribe Community, the provisions of the Hindu Succession Act shall not be applicable and therefore she being a daughter shall not be entitled to the share in the amount of compensation. This view was later upheld by the Orissa High Court.