Summary of this article
Supreme Court upholds tribal succession customs
HSA does not apply to Scheduled Tribes
Any change requires legislative action
In a significant ruling on inheritance rights in Himachal Pradesh, the Supreme Court has reaffirmed that property succession among the Scheduled Tribes in Himachal Pradesh continues to be governed by the customary tribal laws and not by the Hindu Succession Act, 1956 (HSA). The judgment settles a legal controversy that has emerged after the Himachal Pradesh High Court sought to extend the provisions of the HSA to daughters coming from the tribal communities.
What Did the Supreme Court Say?
A bench comprising Justice Sanjay Karol and Justice Prashant Kumar Mishra set aside a 2015 Himachal Pradesh High Court direction that stated daughters in tribal areas of the state would inherit property under the HSA rather than as per the tribal customs. The apex court had held that such a direction was contrary to the law and exceeded the scope of the High Court.
A recent case arose from the challenges that arose from the High Court’s judgment that attempted to grant the inheritance rights to tribal daughters under the HSA to prevent social injustice and discrimination. The Supreme Court has ruled that courts can not override the explicit provisions through judicial directions.
Why Doesn’t the Hindu Succession Act Apply?
The ruling is rooted in Section 2(2) of the HSA, 1956. This provision expressly excludes the members of Scheduled Tribes from the Act unless the Central Government issues a notification that extends its application. In a report by Law Beat, the Supreme Court has stated that no such notification has been issued for the tribal communities, especially in the state. Therefore, the inheritance disputes that involve these communities can not be decided under the HSA.
The court has also emphasised that the exclusion is a legislative decision that is to be enacted by the Parliament and can not be altered by judicial interpretation. Any change of this extent would require action by the Central Government or Parliament.
“This judgment is important because it clarifies what the law currently says rather than creating a new legal position. The Supreme Court has held that the Hindu Succession Act does not automatically apply to Scheduled Tribes, as Parliament itself kept tribal communities outside its scope unless the Central Government decides otherwise through a notification. The larger issue here is not just inheritance rights but also the relationship between constitutional protections for tribal customs and the principle of equality. Many tribal communities have their own beliefs about traditional systems governing property and succession, and the Court has taken the view that any change to those systems must come through the legislative process and not through judicial interpretation,” adds Advocate Prateek Jha, Supreme Court of India.
So, Who Inherits Tribal Property?
For the Scheduled Tribes in Himachal Pradesh, inheritance is generally overseen by their long-standing customs, usages, and traditional practices that vary across tribes and regions. As a result of this, the line of succession usually differs from the legal framework that was set under the HSA.
The Supreme Court has highlighted that the tribal communities are governed by their own customary laws unless a specific provision is applied to them, which is not yet the case. Hence, the succession norms differ and are to be followed as per the tribal customs.
The court also referred to the constitutional provision that strengthens the Scheduled Tribes. Articles 341 and 342 empower the President of India to specify the Scheduled Tribes and the Scheduled Castes; however, any alterations to these lists can only be made by the Parliament. The judiciary can not indirectly include sensitive communities when the Parliament has specifically excluded them.
“The judgment is less about the merits of equal inheritance rights and more about respecting the separation of powers envisaged under the Constitution,” adds Jha.
