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april 1996

Supreme Court of India · 1996-04-17

MADHU KISHWAR vs STATE OF BIHAR

Citation / case number
SC 1982/63323
Court
Supreme Court of India
Petitioner
MADHU KISHWAR
Respondent
STATE OF BIHAR
Author
K. RAMASWAMY
Bench
K. RAMASWAMY

Judgment text excerpt

The Supreme Court ruled that Sections 7, 8, and 76 of the Chhota Nagpur Tenancy Act, 1908, which deny female tribals equal rights in intestate succession, are unconstitutional as they violate Articles 14, 15, and 21 of the Constitution of India. The Court established that discrimination based on sex in inheritance laws is unjust and illegal, affirming that tribal women should have equal rights to inherit property. The Court directed the State Government to amend the Act to ensure parity in inheritance rights for female tribals.

MADHU KISHWAR vs STATE OF BIHAR · Niyam