SC Judgment on Tribal Succession: Customary Law vs. Hindu Succession Act

Citation

Tirith Kumar & Ors. v. Daduram & Ors., 2024 INSC 1005.

Case Facts

In the case of Tirith Kumar & Ors. v. Daduram & Ors. (2024 INSC 1005), the Supreme Court of India addressed whether the Hindu Succession Act, 1956 (“HSA”) applied to members of a Scheduled Tribe (the Sawara tribe in Chhattisgarh). The petitioners argued that their community, though listed as a Scheduled Tribe, had adopted Hindu customs and therefore the HSA should govern succession among them. Section 2(2) of the HSA states that the Act does not apply to Scheduled Tribes unless the Central Government issues a notification to the contrary. The High Court had held that the HSA did not apply, and property rights therefore remained governed by tribal customary law or principles of equity.

Final Judgment

The Supreme Court affirmed that the HSA does not apply to Scheduled Tribes by default unless a specific notification has been issued. The Court rejected the argument that “Hinduisation” of a tribe brings it under the HSA. Further, while recognising the exclusion, the Court held that in the absence of a proven customary rule denying women or certain heirs’ succession, the courts must apply the principles of justice, equity and good conscience to grant fair rights. Thus, the Court allowed the tribal daughters to inherit equally, despite the HSA’s non-applicability, relying on constitutional equality under Article 14.