When a daughter is given rights to inherit her ancestral family property

As a mother from the foothills of the Himalayas did by writing her entire agricultural land to her daughter Ratan Manjari - so she could live with dignity. Ratan Manjari now in her 60s went on to fight for the same right for other tribeswomen. The High Court in June 2015 granted property rights to tribeswomen under the Hindu Succession Act, 1956.

Ratan Manjari after taking a victory procession to express gratitude to the High Court, would be helping other women to seek a share in their family property.

A report from the newspaper *The Tribune* published in Chandigarh by Pratibha Chauhan
 
Amid note of caution, tribal women to celebrate HC order

Tribal women of Kinnaur will formally celebrate the grant of inheritance rights in family property at the district headquarter of Peo tomorrow. They want the government to implement the High Court order, which will put an end to the law, where women were not entitled to a share in the property. The women of the tribal district of Kinnuar under the aegis of Mahila Kalyan Parishad will take out a victory procession at Peo, expressing their gratitude to the court for granting them property rights under the Hindu Succession Act, 1956. However amidst this jubilation among women on grant of property rights, there is growing concern among many over the negative fallout of this development. Happy after the HC ruling, Ratan Manjari, who heads Mahila Kalyan Parishad, said, “I will make them aware about the court order and its implications and how they can seek a share in the family property,” Women from various panchayats falling under the three blocks of – Peo, Pooh and Nichaar — will take part in this function. Elected women representatives in various panchayat raj institutions (PRI) have specially been invited so that they can guide others to seek their rights, following the high court judgment of June 25 last month. Manjari said she will make a representation to Deputy Commissioner, all the Sub Divisional Magistrates (SDMs) and the Tehsildars in Kinnaur to take steps to implement the court order. “It is my duty to not just make the women aware about this right bestowed on them but also take up the issue with the officials to ensure implementation of the court order,” she stresses. However, there is concern among many over the negative fallout of this development. “We are not against grant of property rights to women but there must be some checks and balances which will ensure that we keep our tribal culture and identity intact,” said some elected representatives on condition of anonymity. Some women too seemed to be apprehensive of the negative fallout of this development if necessary precautions are not taken. Some people pointed out that the land holdings in Kinnaur are barely nine to 10 bighas per family which makes everyone a marginal farmer. “Further fragmentation of these small holdings will make the situation worse and the family land could be sold by the daughter of the family, after this court order,” said a Pradhan. Manjari and her team are, however, dismissive of any such concerns. “A majority of the women are happy and there is no question of the tribal culture being lost as on marrying a non-tribal, the land will automatically come back to the family as non-tribals cannot own land,” says Manjari.


The link to the report:
Amid note of caution, tribal women to celebrate HC order -The Tribune

*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