*Himachal tribeswomen entitled to ancestral property* : High Court

Good tidings from the foothills of the Himalayas

Himachal tribeswomen entitled to ancestral property: HC
Pratibha Chauhan & Vijay Arora

Tribune News Service

Shimla, June 25
Tribal women of Himachal Pradesh who have been fighting a battle for a share in their ancestral property got a shot in the arm today with the High Court saying they are entitled to inherit property in accordance with the Hindu Succession Act, 1956.

In order to protect women against social injustice and exploitation, the court said women belonging to the tribal areas of the state will inherit property under the Hindu Succession Act, 1956 and not as per customs and usages. The court, while underlining that gender discrimination amounted to violation of fundamental rights, observed that law must evolve with time if societies are to progress. Women from various parts of Kinnaur have formed the Mahila Kalyan Parishad under the chairpersonship of Rattan Manjari from Ribba to seek equal share in ancestral property. They had even sought the intervention of the National Commission for Women and the National Tribal Commission in their fight for equal property rights and necessary amendment to the customary laws.

“This entire talk about gender equality holds no meaning for tribal women in Kinnaur, Lahaul-Spiti, Bharmour and Pangi since we do not get a share in ancestral property,” said Ratan Manjari.

“It is made clear by way of abandoned precaution that the observations made only pertain to right to inherit the property by the daughters under the Hindu Succession Act, 1956 and not any other privileges enjoined by the tribals in the tribal areas,” the judgment read.

The court further observed that gender discrimination violates fundamental rights.

While passing the order, Justice Rajiv Sharma observed: “Article 15 of the Constitution of India prohibits discrimination on the ground of sex. Articles 38, 39 and 46 envisage socio-economic justice to the women. Rule of law should establish uniform pattern in the society.” He observed that women had to be socially and economically advanced to bestow upon them dignity. The daughters in a society, who are Hindu, cannot be left and segregated from the main stream as they are entitled to equal share in the property. 
Reference: The Tribune: Himachal tribeswomen entitled to ancestral property: HC