Denial of inheritance rights to 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 _________.

Question

Question

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UP Police SI (दरोगा) Official PYP (Held On: 16 Nov 2021 Shift 2)

Answer 1

The correct answer is 'Madhu Kishwar v. Union of India'

Key Points

Madhu Kishwar v. Union of India:
- This case dealt with the denial of inheritance rights to tribal women to claim the property of their deceased husband or father.
- The petition challenged the customary laws of tribal communities that discriminated against women in matters of property inheritance.
- The Supreme Court of India examined the conflict between customary tribal laws and constitutional provisions guaranteeing equality and non-discrimination based on gender.
- The court observed the need to balance cultural preservation with fundamental rights, especially gender justice.
- Although the decision leaned towards respecting tribal customs, it highlighted the ongoing struggle for gender equality within traditional and cultural frameworks.

Additional Information

Other Options:
- Githa Hariharan v. Reserve Bank of India:
  - This case concerned the guardianship of children under Section 6(a) of the Hindu Minority and Guardianship Act, 1956, where the father was considered the natural guardian unless deemed unfit.
  - The Supreme Court ruled in favor of gender equality, allowing mothers to be considered natural guardians alongside fathers.
  - However, it did not pertain to inheritance rights for tribal women.
- M. Mohan Kumar v. P. Nalla Thampy Thera:
  - This case was related to election disputes under the Representation of the People Act, 1951.
  - It did not address inheritance rights or tribal customs.
- Sarla Mudgal v. Union of India:
  - This case addressed issues related to bigamy and the misuse of personal laws under Hindu and Muslim customs, particularly in the context of conversion to Islam for the purpose of remarrying.
  - It focused on uniform civil code and personal laws, not tribal women's inheritance rights.