HSA Not Applicable to Scheduled Tribes

Source: Supreme Court

Why in News? 

The bench of Justices Sanjay Karol and Prashant Kumar Mishra in the case of Nawang & Anr. v. Bahadur & Ors. (2025) set aside directions issued by the Himachal Pradesh High Court that sought to apply the Hindu Succession Act, 1956(HSA) to daughters in tribal areas, emphasizing that statutory provisions must be followed regarding Scheduled Tribes.

What was the Background of Nawang & Anr. v. Bahadur & Ors. (2025) Case? 

• The civil appeal was directed against a judgment dated June 23, 2015, passed by the High Court of Himachal Pradesh in RSA No. 8/2003. 
• The High Court had issued directions in paragraph 63 of its judgment stating that daughters in tribal areas of Himachal Pradesh shall inherit property according to the Hindu Succession Act, 1956, and not as per customs and usages. 
• The High Court's reasoning was to prevent social injustice and exploitation of women, emphasizing that "laws must evolve with the times if societies are to progress." 
• The appellants challenged this specific direction as being beyond the scope of the case and contrary to established legal provisions. 
• The issue of applicability of Hindu Succession Act to Scheduled Tribes was neither directly nor substantially involved in the original civil proceeding between the parties. 
• The directions issued by the High Court did not emanate from any issues framed by the Court or pleas raised/agitated by the parties.

What were the Court's Observations? 

• The Supreme Court relied on its recent decision in Tirith Kumar & Ors. v. Daduram & Ors. (2024), which dealt with the application of Hindu law to Scheduled Tribes. 
• The Court emphasized that Articles 341 and 342 of the Constitution of India, 1950 (COI) require Presidential notification for any tribe to be classified or de-notified as a Scheduled Tribe. 
• Section 2(2) of the Hindu Succession Act, 1956 explicitly states: "Nothing contained in this Act shall apply to the members of any Scheduled Tribe within the meaning of clause (25) of article 366 of the Constitution unless the Central Government, by notification in the Official Gazette, otherwise directs." 
• The Court noted that the words of Section 2(2) are explicit and the position of law is well settled that HSA, 1956 cannot apply to Scheduled Tribes. 
• The Supreme Court cited Madhu Kishwar v. State of Bihar (1996) where it was held that neither the Hindu Succession Act, nor the Indian Succession Act, nor even the Shariat law is applicable to custom-governed tribals. 
• The Court found that the High Court's directions could not have been issued, especially in a case where the issue was neither directly nor substantially involved in the matter. 
• The Court emphasized that the directions were not emanating from any of the issues framed by the Court or pleas raised by the parties. 
• Paragraph 63 of the impugned judgment containing the directions was set aside and ordered to be expunged from the record.

What is the Hindu Succession Act, 1956 and its Applicability to Scheduled Tribes? 

About Hindu Succession Act, 1956: 

• The Hindu Succession Act, 1956 (HSA) is a comprehensive legislation governing inheritance and succession among Hindus. 
• The Act applies to Hindus, Buddhists, Jains, and Sikhs, but has specific exclusions. 
• It provides for both intestate succession (dying without a will) and testamentary succession. 
• The Act was amended in 2005 to grant equal rights to daughters in ancestral property. 

Applicability to Scheduled Tribes: 

• Section 2(2) of the Hindu Succession Act creates a specific exclusion for Scheduled Tribes. 
• The provision states that HSA shall not apply to members of any Scheduled Tribe unless the Central Government issues a notification in the Official Gazette directing otherwise. 
• This exclusion recognizes the distinct customary laws and practices of tribal communities. 
• Scheduled Tribes are defined under Article 366(25) of the Constitution of India. 
• Article 366(25) of the Indian Constitution provides the official definition of "Scheduled Tribes" as specific tribes, tribal communities, or groups within such communities that are formally recognized under Article 342.