The Supreme Court directed the Central Government to amend the Hindu Succession Act to make it applicable to Scheduled Tribe Women.

Title:  Kamala Neti vs Land Acquisition Officer and others.

Court: Supreme Court of India

Case No. :  Civil Appeal No. 6901 of 2022

Decided on:  9^th December, 2022.

Coram: The Hon’ble Mr. Justice Suraj Govindaraj

Introduction:

This case is about the share in the amount of compensation given to a woman who belongs to the Scheduled Tribes. This case was rejected by the High Court on the ground that, as the parties belong to the Scheduled Tribe Community, the provision of Hindu Succession Act shall not be entitled to the share in the amount of compensation. Aggrieved by this, the appellant came before the Supreme Court.

Facts:

The disputed property originally belonged to Satyanand Negi. After his death it was transferred to his sons namely, Chakradhar and Gajadhar. Chakradhar had 4 sons and a daughter (appellant). Upon his death his property was transferred to his four sons. The appellant claimed 1/5^th share in the amount of the compensation with reference was made under Section 30 of the Land Acquisition Act. But the Reference Court rejected the claim of the appellant mainly on the ground that, as the parties belong to the Scheduled tribe Community, the provision of Hindu Succession Act shall not be entitled to the share in the amount of compensation. The order of the Reference Court was also confirmed by the High Court. So, against this judgement the appeal has been preferred before the Apex Court.

Arguments by the appellant: Learned counsel appearing on behalf of the appellant was relied upon the decision of Supreme Court in the case of Madhu Kishwar & Ors. Vs State of Bihar & Ors. (1996) 5 SCC in support of his submission that the appellant being a daughter shall be entitled to the share in the amount of compensation even applying the provisions of the Hindu Succession Act. The learned counsel also contended that the denial of the right to succession of a woman who belongs to a Scheduled Tribe is a violation of Article 21 of the Indian Constitution.

Arguments by Respondent: The appeal was vehemently opposed by the learned counsel representing respondents. It was submitted that the parties are members of Schedule Tribe. Therefore the appellant is not entitled to receive any share in the property to the suit as per section 8 of the Hindu Succession Act. The learned counsel also contended that as per Section 2(2) of the Hindu Succession Act, the Act shall not be applicable to the members of the Scheduled Tribe.

Issue:

Whether the Appellant/Petitioner being the daughter is entitled to the share in the compensation with respect to the land acquired, on survivorship basis under the provisions of Hindu Succession Act?

Court Analysis and Decision:

The court observed that the Hindu Succession Act cannot be applicable to the members of the Scheduled Tribe as per the Section 2(2) of the Hindu Succession Act. Therefore the observation made by the High Court, the appellant cannot claim any right of survival under the provision of the Hindu succession Act. Therefore, so long as Section 2(2) of the Hindu Succession Act stands and there is no amendment, the parties shall be governed by the provisions of Section 2(2) of the Hindu Succession Act.

The court also observed that if the claim of the appellant on the basis of the survivorship under the Hindu Succession Act is accepted in that case it would tantamount to amend the law. It is for the legislature to do so and courts cannot amend the laws.

After observing all the facts of this case, the court directed the Central Government to take into consideration the issue of withdrawal of exemptions under Hindu Succession Act and the Indian Succession Act in so far as the applicability of these provisions to the Scheduled Tribes is concerned, dismissed the appeal.

Insight:

Can a woman get a share of compensation in the land as per the Hindu Succession Act?

WRITTEN BY:Nireesha Rao

Supreme Court  of  India

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