DE-CONSTRUCTING INHERITANCE RIGHTS OF WOMEN UNDER SANTHAL CUSTOMARY LAWS VIS-A-VIS HINDU SUCCESSION ACT, 1956

The laws dealing with intestate and testamentary succession in India are not uniform. A variety of laws are in vogue whose application depends on multiple factors. While the Hindus, Muslims, Christians, Parsis and the Jews have distinct personal laws of their own, the Scheduled Tribes in India are governed by their uncodified customary laws of inheritance and enjoy constitutional protection of their culture and identity. Customary laws of tribals are majorly left untouched based on the assumption that it is in the best interests of the concerned tribal communities. The same, however, need not be necessarily true. Further, women empowerment and gender justice is a common phenomenon of modern democratic world which is receiving a high degree of popularity in all the societies but nevertheless, it must be implemented keeping in view social concerns and with the help and support of each and every component of society. A woman can be said to be truly empowered when she is economically so and this depends, inter alia, on their right to hold and inherit property