There are as many laws as there is diversity in this country. Keeping in mind the diversity of people of different religions and cultures, different laws have also been made. So that everyone’s identity and identity are preserved. But there is a problem. There are some laws which are regressive under the guise of culture. Like in many tribal laws, women have not yet got the right to property. And finally the question remains that how to balance the provision of equal rights for all in our Constitution and the personal laws which state the opposite.
One such case reached the Supreme Court on 22 October 2025. Such talk was going on regarding a 2015 decision of the Himachal Pradesh High Court. In this decision, Himachal Pradesh High Court had said that even after the independence of the country, women in some tribes of Himachal do not get the right to property. That means, after division, all the property is given to the sons of the house and the girls do not get anything. Therefore, the court said that to maintain social equality, it is necessary that tribal women should also get equal rights in property like men under the Hindu Succession Act. As it is also in the Hindu Succession Act.
Supreme Court gave blunt statement
Now an appeal has reached the Supreme Court challenging this decision of the Himachal Pradesh High Court. The Supreme Court said bluntly: Scheduled Tribes have different laws and that is why they do not have to follow Hindu Acts. Also, it is clearly written in Section 2 of the Hindu Succession Act that no provision of this Act will apply to the Scheduled Tribes.
Therefore, to do this, the entire Hindu Succession Act will have to be changed, which is not possible right now. Secondly, in this country, people coming from different religions and cultures are governed by different laws and their own laws have importance. They have rights. But whatever the Supreme Court says, I still have a question for you. On November 26, 2025, our Constitution will complete 76 years. And the special thing about the Constitution is that it has seen people beyond their caste, religion, gender and language. Now when the Constitution says this, then how do you see women not yet getting basic rights in some communities.