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Kamla Neti (Dead) Thr. LRs. vs. Special Land Acquisition Officer & Ors.

Civil Appeal · 2022 INSC 1264Decided 9 Dec 2022
Civil Appeal No. 6901 of 2022
M.R. Shah · Krishna Murari

Background

Land originally belonging to a common tribal ancestor was acquired by the government, and compensation was awarded only to the male-line descendants (sons and their heirs). Kamla Neti, a daughter of one of the sons, claimed a 1/5th share in the compensation on grounds of survivorship. Both the Reference Court and the High Court rejected her claim because the family belonged to a Scheduled Tribe, and Section 2(2) of the Hindu Succession Act, 1956 excludes Scheduled Tribes from the Act's application unless the Central Government notifies otherwise.

Decision Breakdown

The Supreme Court dismissed the appeal, holding that as long as Section 2(2) of the Hindu Succession Act remains unamended, Scheduled Tribe members are governed by it and a tribal daughter cannot claim survivorship rights under the Act, however unfair that may seem in equity. The Court noted that equity cannot override clear statutory law and that amending the law is Parliament's job, not the judiciary's. However, in strong remarks "before parting," the Court said there is no real justification for denying tribal women the same succession rights that non-tribal daughters enjoy, and directed the Central Government to examine withdrawing this exemption for Scheduled Tribes.

Lesson Learnt

Scheduled Tribe members are currently excluded from the default provisions of the Hindu Succession Act unless the Central Government specifically extends it to them: a gap the Supreme Court itself flagged as unfair and urged Parliament to fix, but which courts cannot close on their own.

Official source (sci.gov.in)View Judgment (PDF)

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