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Denial of inheritance rights of tribal women to claim the property of their deceased husband or father was subject matter of challenge in the Supreme
Question

Denial of inheritance rights of tribal women to claim the property of their deceased husband or father was subject matter of challenge in the Supreme Court of India in the case of _____________.

A.

Madhu Kishwar v. Union of India

B.

Githa Hariharan v. Reserve Bank of India

C.

M. Mohan Kumar v. P. Nalla Thampy Thera

D.

Sarla Mudgal v. Union of India

Correct option is A

The correct answer is (a) Madhu Kishwar v. Union of India 

Explanation:

• In the case of Madhu Kishwar & Ors v. State of Bihar & Ors (1996), the Supreme Court dealt with the constitutional validity of the Chota Nagpur Tenancy Act, 1908.

• The Act restricted succession to property in favour of male heirs only, effectively denying tribal women their inheritance rights.

• The petitioners argued that this custom violated the Right to Equality (Article 14) and the Right to Life (Article 21).

• The Court held that tribal women have a right to livelihood and that the exclusionary customs should be interpreted in a way that provides them security.

• While the court did not strike down the entire customary law, it mandated that female heirs be allowed to continue in possession of the land.

Information Booster:

• This judgment was a significant step toward recognizing gender equality within traditional tribal customary laws.

Additional Knowledge:

Githa Hariharan v. Reserve Bank of India (Option b)

• This case (1999) challenged the law that recognized only the father as the natural guardian; the court ruled that both parents are equal guardians.

Sarla Mudgal v. Union of India (Option d)

• This case (1995) dealt with the issue of bigamy and conversion to Islam for the sake of a second marriage, highlighting the need for a Uniform Civil Code.

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