The recent Supreme Court (SC) ruling in the Kamala Neti (deceased; through legal representatives) vs Special Land Acquisition Officer in December 2022 has provoked a serious debate on the question of bringing tribal women into the Hindu fold to enable them to claim rights to inherited property.
SC directed the Union Government to examine the necessity of extending the provisions of the Hindu Succession Law (HSL) to the Scheduled Tribes (ST) and bring suitable amendments in the light of Right to Equality guaranteed under Articles 14 and 21 of the Constitution of India.
The SC directions raise two questions: Is it essential to extend the provisions of the Hindu law to ST women to claim a share in the inherited property on par with the male members in the family? Is ‘Hinduisation’ and assimilation into the social hierarchy as a caste category the only legal way to seek inherited property rights by tribals, at the cost of potential threat to their cultural and social identity as a tribe or Adivasi?
Unfortunately, the court rulings, including that of the apex court, would imply such a view. The burden of proof is on the tribal claimants to secure the benefit of the
— source downtoearth.org.in | Palla Trinadha Rao | 10 Jan 2023