MADHU KISHWAR AND ORS. versus STATE OF BIHAR

MADHU KISHWAR AND ORS. versus STATE OF BIHAR

The State of Bihar has not sufficiently examined the feasibility of permitting inheritance by female heirs among Scheduled Tribes while regulating succession; therefore, exclusion from inheritance based on gender is not appropriate without such examination.

Parties
Petitioners: Madhu Kishwar and Others; Respondent: State of Bihar
Jurisdiction
India
Judgment Date
11 October 1991
Procedural Posture
Writ Petition (original Jurisdiction) / Adjourned for Further Consideration
Outcome
Petitions adjourned for three months for further consideration by the State of Bihar
Legal Topics
Scheduled Tribes, Succession, Gender Discrimination, Equality Clause
Constitutional Law Property Law Customary Law Scheduled Tribes Succession Gender Discrimination Equality Clause

Case Brief

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Parties

Madhu Kishwar and Others

Petitioners

State of Bihar

Respondent

Procedural Posture

Writ Petition (original Jurisdiction) / Adjourned for Further Consideration

Legal Issues

  1. 1 Whether sections 7 and 8 of the Chhota Nagpur Tenancy Act, 1908 are discriminatory against women and violate the equality clause under the Constitution
  2. 2 Whether exclusion of female heirs from succession among Scheduled Tribes is constitutionally permissible

Ratio Decidendi

The State of Bihar has not sufficiently examined the feasibility of permitting inheritance by female heirs among Scheduled Tribes while regulating succession; therefore, exclusion from inheritance based on gender is not appropriate without such examination.

Court Disposition

Petitions adjourned for three months for further consideration by the State of Bihar

Orders

  • State of Bihar is directed to re-examine the feasibility of permitting inheritance by female heirs among Scheduled Tribes and to regulate such inheritance. State to report result by affidavit and submit Committee report within three months.