Unequal Heirs: The Exclusion of Tribal Daughters from the Hindu Succession Act and the Constitutional Quest for Gender Justice

Abstract

Section 2(2) of the Hindu Succession Act, 1956, explicitly excludes Scheduled Tribes from its scope unless the Central Government issues a notification stating otherwise. This statutory exclusion has resulted in a significant legal void for tribal daughters in matters of intestate succession, leaving them governed by customary practices that often deny them inheritance rights. Despite constitutional guarantees of equality (Article 14), non-discrimination (Article 15), and dignity (Article 21), the absence of legislative intervention has entrenched systemic gender injustice within tribal communities. Through a doctrinal and contextual analysis of key Supreme Court judgments—Kamla Nati v. Special Land Acquisition Officer and Tirth Kumar v. Daduram—this research explores the constitutional conflict between the protection of tribal customs and the imperative for gender justice. The paper also reviews Law Commission reports and representative data to highlight the social and legal impact of this exclusion. It argues that the current legal framework perpetuates a parallel regime of inequality and calls for immediate legislative action to bring tribal daughters within the protective fold of codified succession laws. By integrating legal theory, constitutional values, and socio-legal realities, the study seeks to contribute to ongoing discourse on reforming tribal personal law in a manner that respects cultural identity while ensuring gender equality.