HC upholds tribal woman's right to ancestral land
Rajasthan High Court
ruled in favour of Manni Devi, a woman from the Meena Scheduled Tribe community, affirming her right to ancestral land and striking down an earlier order that denied her claim solely on the basis of her tribal status.
The case centred around a property dispute after Manni Devi challenged a 2018 gift deed executed by her father in favour of another family member. Her earlier civil suit was dismissed on technical grounds, prompting her to seek khatedari rights in the revenue court.
However, the Board of Revenue rejected her claim in June 2025, citing Section 2(2) of the Hindu Succession Act, 1956, which excludes Scheduled Tribes from its application unless notified by the Central Govt.
Justice Anoop Kumar Dhand overturned the Board's decision Thursday, citing recent Supreme Court rulings, including Tirth Kumar v. Dadu Ram and Ram Charan v. Sukhram, which held that denying property rights to tribal daughters violates their constitutional right to equality. The court emphasised that gender-based discrimination, even under the guise of customary or statutory exclusion, cannot override fundamental rights guaranteed under Articles 14 and 15 of the Constitution.
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The judgment strongly urged the Union Govt to amend the Hindu Succession Act and extend equal property rights to tribal women, calling the existing legal exclusion "manifestly unjustified" after 70 years of independence. Justice Dhand directed the sub-divisional officer in Chaksu to resume proceedings in Manni Devi's suit and adjudicate the matter on its merits without delay. TNN
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