DMK MP P Wilson’s fight to include ST women in Hindu succession act yields positive outcome

New Delhi (India), 4th June 2023: After a long withstanding battle with the law, the relentless efforts of DMK Member of Parliament, P. Wilson have bore fruits. The Parliamentarian shared the news via tweets on 4th June and said that, “Rights of Hindu ST Womens for equal shares will now be considered.”

In March, P. Wilson had written to the Union Government, requesting that a notification be issued to ensure that women from the Scheduled Tribe community are included when applying provisions of the Hindu Succession Amendment Act, 2005, which grant daughters equal rights to their father’s or the Hindu Undivided Family’s (HUF) inheritance.

In his letter he had raised an objection to the Section 2(2) of the Act and stated that it excludes women of Scheduled Tribes and that this had created a, “wholly unjust situation wherein the female members of the Scheduled Tribes alone are not legally entitled to an equal share in their father’s/HUF’s properties.”

He had drawn attention that the law has progressed to the point where gender discrimination could no longer be tolerated because it contradicted Article 14 of the Indian Constitution. He stated, “The data shows that within Scheduled Tribes, women are a more disadvantageous group due to historic oppression and lack of access to education, employment and property.”

However a letter signed by Arjun Meghwal, Union Minister of Law and Justice and issued on 1st June addressed to P. Wilson delivered good news and stated that the ministry is ready to acknowledge the problems and will apply beneficial provisions to the Act.

The letter read, “Please refer to your letter dated the 16 March, 2023 regarding notification of Scheduled Tribe Women under section 2(2) of the Hindu Succession Act, 1956.

“As you are aware, in the matter of Kamala Neti Vs Special Land acquisition Officer and Ors, the Hon’ble Supreme Court in paragraph 7.2 directed the Central Government to examine the issue in question to consider whether amendment is necessary to withdraw the exemptions provided under the Hindu Succession Act in so far as the applicability of the provisions of the said Act to the Scheduled Tribes is concerned,” it added.

It further read, “The matter is being examined in consultation with the other concerned Ministries/ Departments i.e the Ministry of Tribal Affairs, the Ministry of Women and Child Development and the Department of Social Justice and Empowerment. It also appears that consultation with State Governments is required, as the subject matter falls in List. III (Concurrent List) of the Seventh Schedule to the Constitution.”

P. Wilson shared the letter and expressed his pleasure via a tweet thread and said, “I’m happy that action is initiated by all concerned in this regard so as to give equal rights to ST Womens.”