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1996 Supreme(SC) 794

M.M.PUNCHHI, K.RAMASWAMY, KULDIP SINGH
Madhu Kishwar: Juliana Lakra – Appellant
Versus
State Of Bihar – Respondent


JUDGMENT

K. Ramaswamy, J.-These two writ petitions raise common question of law: whether female tribal is entitled to parity with male tribal in intestate succession? The first petitioner is an Editor of a Magazine Manushi espousing the causes to ameliorate the social and economic backwardness of Indian women and to secure them equal rights. Petitioner Nos. 2 Smt. Sonamuni and 3 Smt. Muki Dui are respectively widow and married daughter of Muki Banguma, Ho tribe of Longo village, Sonua Block, Singhbhum District in Bihar State. The petitioner in Writ Petition No.219/86, Juliana Lakra is an Oraon Christian tribal woman from Chhota Nagpur area. They seek declaration that Sections 7, 8 and 76 of the Chhota Nagpur Tenancy Act, 6 of 1908, (for short, the Act ) are ultra vires Articles 14, 15 and 21 of the Constitution of India. They contend that the customary law operating in the Bihar State and other parts of the country excluding tribal women from inheritance of land or property belonging to father, husband, mother and conferment of right to inheritance to the male heirs or lineal descendants being founded solely on sex is discriminatory. The tribal women toil, share with men eq








































































































































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