10. Judicial Clarification on Tribal Women\'s Inheritance Rights (2025-26)

The Supreme Court of India, in the recent landmark judgment of Nawang v. Bahadur (October 2025), has conclusively ruled that the Hindu Succession Act (HSA), 1956, cannot be applied to members of Scheduled Tribes (STs), regardless of whether they have adopted Hindu customs. This verdict puts an end to the judicial trend of \'Hinduisation\' as a means to secure property rights, emphasizing that tribal identity and customary laws are protected under specific constitutional mandates. Key Highlights of the Supreme Court Verdict • Exclusion of Scheduled Tribes: The Court reaffirmed the validity of Section 2(2) of the HSA, which explicitly excludes notified Scheduled Tribes from the Act\'s purview unless the Central Government directs otherwise via the Official Gazette. • End of \'Hinduisation\' Doctrine: The Bench overturned a Himachal Pradesh High Court order that suggested tribal women who adopted Hindu traditions should inherit under the HSA. The SC ruled that religious allegiance does not change the statutory exclusion of the tribe. • Separation of Powers: The judgment clarified that only Parliament has the authority to amend or extend the HSA to tribal communities; the judiciary cannot overstep its jurisdiction to direct such legislative changes. • Preservation of Tribal Identity: By refusing to apply Hindu law to STs, the Court protected the unique cultural and social fabric of indigenous communities, preventing the forced choice between ethnic identity and legal rights. • Customary Law Supremacy: Inheritance in tribal societies remains governed by their specific customary practices unless a separate, formal statute is enacted by the legislature to ensure gender parity. • Conflict of Rights: The ruling highlights the ongoing tension between Article 21 (Right to Equality) for women and the constitutional protection of tribal traditions, suggesting the need for a separate, codified legal framework for indigenous succession. Definitions of Key Terms • Hinduisation: A socio-legal concept where members of a tribe adopt Hindu religious rites and abandon tribal customs to the extent that they are treated as Hindus for legal purposes. • Customary Law: Long-established practices within a community that have acquired the force of law through continuous and uniform usage. • Section 2(2) of HSA: A specific \'savings clause\' that ensures the Hindu Succession Act does not automatically apply to the 700+ notified Scheduled Tribes in India. • Bona Fide Intention: A genuine, sincere, and honest intention to convert to another faith, backed by conduct and evidence, rather than a move intended solely for legal or material gain. Constitutional and Legal Provisions • Article 14 & 15: Guarantee equality before the law and prohibit discrimination based on sex; often cited by those challenging the exclusion of tribal women from inheritance. • Article 342: Deals with the notification of Scheduled Tribes by the President of India. • Article 366(25): Defines Scheduled Tribes as such tribes or tribal communities as are deemed under Article 342 to be Scheduled Tribes for the purposes of the Constitution. • Fifth and Sixth Schedules: Provide for the administration and control of Scheduled Areas and Tribal Areas, emphasizing the protection of customary laws. • Mizoram Inheritance Act: Cited as a model where a state with a significant tribal population has codified succession to ensure gender parity while keeping tribal identity intact. Additional Important Key Points • The \'Hindu\' Definition: The Court referenced the 1966 Sastri Yagnapurushadji case, noting that Hinduism is a \'way of life\' rather than a dogma, but emphasized that this broad definition cannot override the specific statutory exclusion of STs in the HSA. • Gender Parity Gap: In the Ram Charan v. Sukhram case, the SC had noted that excluding daughters from property violates fundamental rights, yet the Nawang case shows that this cannot be rectified by misapplying the HSA. • Proposed Solution: Legal experts and the Court have hinted at the need for a Special Enactment or codification of tribal customary laws (similar to the North-Eastern models) to grant women rights without imposing external religious laws. Conclusion and UPSC Relevance The Nawang v. Bahadur judgment is a pivotal reference for the debate on the Uniform Civil Code (UCC) and the protection of tribal autonomy. For the UPSC Civil Services Exam, this topic is critical for GS Paper II (Polity - Fundamental Rights vs. Customary Laws) and GS Paper I (Society - Tribal Issues). It highlights  the complexities of \'Legal Pluralism\' in India and the challenge of balancing gender justice with the preservation of indigenous culture. Candidates should focus on the implications of Section 2(2) of the HSA and the role of Parliament in bridging the gap between tradition and modern constitutional values.