By PTI
NEW DELHI: Observing {that a} feminine tribal is entitled to parity with male tribal in intestate succession, the Supreme Court on Friday directed the Centre to look at the difficulty and contemplate amending the provisions of the Hindu Succession Act in order to make it relevant to the members of the Scheduled Tribes.
The prime court docket stated when the daughter belonging to the non-tribal is entitled to equal share within the property of her father, there isn’t any cause to disclaim such a proper to the daughter of tribal communities.
As per Section 2(2) of the Hindu Succession Act, the Hindu Succession Act won’t be relevant to members of the Scheduled Tribes.
A bench of Justices M R Shah and Krishna Murari stated there isn’t any justification for denying the appropriate of survivorship (a proper of an individual to property on the demise of one other having a joint curiosity) as far as the feminine members of Scheduled Tribes are involved.
“It is directed to look at the query by the Central Government to think about it simply and essential to withdraw the exemptions supplied below the Hindu Succession Act in as far as the applicability of the provisions of the Hindu Succession Act to the Scheduled Tribes and whether or not to convey an acceptable modification or not.
“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 bench stated.
The apex court docket stated a feminine tribal is entitled to parity with male tribal in intestate succession.
“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 stated.
The prime court docket’s observations got here whereas dismissing a plea on whether or not a daughter (belonging to Scheduled Tribes) is entitled to the share within the compensation with respect to the land acquired on survivorship foundation below the provisions of the Hindu Succession Act.
“Therefore, as long as Section 2(2) of the Hindu Succession Act stands and there’s no modification, the events shall be ruled by the provisions of Section 2(2) of the Hindu Succession Act.
“Therefore, though on equity we may be with the appellant being daughter and more than approximately 70 years have passed after the enactment of the Hindu Succession Act and much water has flown thereafter and though we are prima facie of the opinion that not to grant the benefit of survivorship to the daughter in the property of the father can be said to be bad in law and cannot be justified in the present scenario, unless Section 2(2) of the Hindu Succession Act is amended, the parties being member of the Scheduled Tribe are governed by Section 2(2) of the Hindu Succession Act,” the bench stated.
NEW DELHI: Observing {that a} feminine tribal is entitled to parity with male tribal in intestate succession, the Supreme Court on Friday directed the Centre to look at the difficulty and contemplate amending the provisions of the Hindu Succession Act in order to make it relevant to the members of the Scheduled Tribes.
The prime court docket stated when the daughter belonging to the non-tribal is entitled to equal share within the property of her father, there isn’t any cause to disclaim such a proper to the daughter of tribal communities.
As per Section 2(2) of the Hindu Succession Act, the Hindu Succession Act won’t be relevant to members of the Scheduled Tribes.
A bench of Justices M R Shah and Krishna Murari stated there isn’t any justification for denying the appropriate of survivorship (a proper of an individual to property on the demise of one other having a joint curiosity) as far as the feminine members of Scheduled Tribes are involved.
“It is directed to look at the query by the Central Government to think about it simply and essential to withdraw the exemptions supplied below the Hindu Succession Act in as far as the applicability of the provisions of the Hindu Succession Act to the Scheduled Tribes and whether or not to convey an acceptable modification or not.
“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 bench stated.
The apex court docket stated a feminine tribal is entitled to parity with male tribal in intestate succession.
“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 stated.
The prime court docket’s observations got here whereas dismissing a plea on whether or not a daughter (belonging to Scheduled Tribes) is entitled to the share within the compensation with respect to the land acquired on survivorship foundation below the provisions of the Hindu Succession Act.
“Therefore, as long as Section 2(2) of the Hindu Succession Act stands and there’s no modification, the events shall be ruled by the provisions of Section 2(2) of the Hindu Succession Act.
“Therefore, though on equity we may be with the appellant being daughter and more than approximately 70 years have passed after the enactment of the Hindu Succession Act and much water has flown thereafter and though we are prima facie of the opinion that not to grant the benefit of survivorship to the daughter in the property of the father can be said to be bad in law and cannot be justified in the present scenario, unless Section 2(2) of the Hindu Succession Act is amended, the parties being member of the Scheduled Tribe are governed by Section 2(2) of the Hindu Succession Act,” the bench stated.