Constitution of India, 1950
Articles 14 & 21—Denial of right to succession to Scheduled Tribe women—Question as to whether the appellant being daughter is entitled to the share in the compensation with respect to the land acquired, on survivorship basis under the provisions of the Hindu Succession Act—As per Section 2(2) of the Hindu Succession Act, the Hindu Succession Act will not be applicable to the members of the Scheduled Tribe—When the daughter belonging to the non-tribal is entitled to the equal share in the property of the father, there is no reason to deny such right to the daughter of the Tribal community—Female tribal is entitled to parity with male tribal in intestate succession—To deny the equal right to the daughter belonging to the tribal even after a period of 70 years of the Constitution of India under which right to equality is guaranteed, it is high time for the Central Government to look into the matter and if required, to amend the provision of the Hindu Succession Act by which the Hindu Succession Act is not made applicable to the members of the Scheduled Tribe—It is directed to examine the question by the Central Government to consider it just and necessary to withdraw the exemptions provided under the Hindu Succession Act in so far as the applicability of the provisions of the Hindu Succession Act to the Scheduled Tribes and whether to bring a suitable amendment or not. [Hindu Succession Act, 1956, Section 2(2) & 8; Land Acquisition Act, 1894, Section 30]
[Paras 7.1 & 7.2]
Land Acquisition Act, 1894
Section 30—Share in compensation—Denial of right to succession to Scheduled Tribe women—Appeal—Question as to whether the appellant being daughter is entitled to the share in the compensation with respect to the land acquired, on survivorship basis under the provisions of the Hindu Succession Act—As per Section 2(2) of the Hindu Succession Act, the Hindu Succession Act will not be applicable to the members of the Scheduled Tribe—If the claim of appellant on the basis of survivorship under the Hindu Succession Act is accepted in that case it would tantamount to amend the law—It is for the legislature to amend the law and not the court—Under the circumstances in view of Section 2(2) of the Hindu Succession Act and the appellant being the member of the Scheduled Tribe and as the female member of the Scheduled Tribe is specifically excluded, the appellant is not entitled to any right of survivorship under the provisions of the Hindu Succession Act—No error has been committed by High Court—Appeal dismissed. [Hindu Succession Act, 1956, Section 2(2) & 8]
[Paras 6 & 7]
Decision : Appeal dismissed