Perspectives on the Intersection of Gender, Customary Laws and Land Rights in India

Abstract

Abstract For centuries, tribal communities in India have maintained distinct social and cultural identities, often with communal land ownership practices that were inclusive of women. The struggle of tribal women in India for land rights is a poignant manifestation of their fight against intersecting forms of oppression rooted in patriarchy, traditional power structures, and historical marginalisation. Given the existing background, this article discusses the intersection of property rights and gender relations in India, making a case for independent property rights for tribal women. It analyses the role of customary laws of inheritance in a legal pluralistic India and its conflict with positive law. The article also focuses on the role of the Indian judiciary in remedying the systemic discrimination against tribal women in India. It analyses the approach of the Indian courts in maintaining a balance between the autonomy granted to the tribes by the Indian Constitution and ensuring justice to women who are victims of such self-governance.