The Supreme Court has ruled that members of the Scheduled Tribes are entitled to inherit properties based on local tribal laws, not on the Hindu Succession Act, 1956 (HSA).
A bench of Justices Sanjay Karol and Prashant Kumar Mishra passed the order while setting aside a judgment of Himachal Pradesh High Court, which had taken a contrary view by holding that even tribal women were governed by the HSA.
The apex court made the observation while allowing an appeal filed by Nawang, a tribal, and a family member challenging the high court ruling of June 23, 2015.
While dealing with a family property dispute, the high court had in para 63 of the judgment held: “The upshot of the appreciation of the evidence and the law discussed hereinabove is that daughters in the tribal areas in the State of Himachal Pradesh shall inherit the property in accordance with the Hindu Succession Act, 1956, and not as per customs and usages in order to prevent the women from social injustice and prevention of all forms of exploitation. The laws must evolve with the times if societies are to progress. It is made clear by way of abundant precaution that the observations made hereinabove only pertain to the right to inherit the property by the daughters under the Hindu Succession Act, 1956, and not any other privileges enjoined by the trial in the tribal areas.”
Aggrieved by the high court judgment, Nawang and his family member had filed the appeal.
The apex court, while interpreting Articles 341 and 342 of the Constitution that deal with special rights and privileges of SCs and STs, said the HSA made it clear at the outset to whom the legislation would apply. It clearly states that SCs and STs shall be outside its purview, the top court added.
The bench referred to Section 2(2) of the HSA which states: “… Notwithstanding anything contained in sub-section (1), nothing contained in this Act shall apply to the members of any Scheduled Tribe within the meaning of clause (25) of Article 366 of the Constitution unless the Central Government, by notification in the Official Gazette, otherwise directs.”
“The words of the section are explicit. The HSA, 1956, cannot apply to Scheduled Tribes. This position of law is well settled,” the bench said.
“In view of the provisions of Section 2 of the Hindu Succession Act, 1956, no such directions extracted supra, could have been issued by the high court, more so in a case where the issue was neither directly nor substantially involved in the intra-party appeal, arising out of the judgment and decree passed in a civil proceeding. Further, the directions issued by the high court were not emanating from any one of the issues framed by the court or pleas raised/agitated by the parties.
“In this view of the matter, paragraph 63 of the impugned judgment/order dated June 23, 2015, containing directions are set aside to be expunged from the record.”