Continuous Struggles Of Scheduled Tribe Women In India

Continuous Struggles Of Scheduled Tribe Women In India

We are writing to draw attention to a critical legal issue concerning the rights of tribal women in India. Scheduled Tribes (STs), predominantly residing in remote areas, have historically faced discrimination. Post-independence, protecting their customs and beliefs became imperative for their upliftment and well-being. However, these very customs often deprive ST women of their inheritance rights, especially in inter-community marriages.

Despite constitutional safeguards, ST and tribal women own significantly less land compared to men. The judiciary, while acknowledging discriminatory tribal laws, has struggled to address this issue effectively. For instance, in Haradhan Murmu v. State of Jharkhand, the Jharkhand High Court highlighted the need to consider local contexts when amending tribal laws.

Similarly, the Bombay High Court, in Narasu Appa Mali’s case, argued against interference in tribal customary laws, citing their exclusion from fundamental rights under Article 13 of the Indian Constitution. However, courts like the Himachal High Court in Bahadur v. Bratiya have emphasized applying the Hindu Succession Act (HSA) to ensure gender equality. The HSA, amended in 2005, grants women the right to inherit ancestral land, thus contributing to the laws protecting women.

Key issues include whether oral tribal customs override national law and determining the caste of children born to inter-caste marriages. Legal recourse is imperative to address these challenges and enhance awareness of women's rights in India. Recent PILs at various High Courts underscore the necessity of upholding fundamental rights for tribal communities, including tribal women, thereby ensuring human rights of women in India.

In conclusion, the judiciary must play a proactive role in safeguarding the rights of tribal women, as legislative action may face political hurdles. By aligning with constitutional values and laws like the HSA, the judiciary can pave the way for equitable treatment and strengthen women safety laws in India.