A critical analysis of inheritance rights of tribal women with special reference to khasi and mizo tribes of north east India

Abstract

Customary laws of tribal communities in India, including the Khasi and Mizo societies, often remain unregulated by statutory provisions under the assumption that regulating aspects such as marriage, divorce, and inheritance would not serve the best interests of these communities. However, the deprivation of inheritance rights for women hinders their social and economic progress. In the matrilineal Khasi community, newlinedaughters typically enjoy only life-interest in property without full ownership rights, whereas in the patrilineal Mizo community, daughters are completely excluded from inheritance. This perpetuates gender newlineinequality in Northeast India, compounded by the special constitutional status granted to tribal communities. Given the increasing number of inheritance-related cases brought before the courts, this study hypothesized that women in both Mizo and Khasi societies desire equal inheritance rights. Recognizing that male perspectives are crucial for a comprehensive understanding of societal newlineattitudes toward inheritance reforms, the research included male respondents as well. The study aimed to explore the inheritance rights of women within Khasi and Mizo systems, specifically investigating whether newlineexisting laws provide adequate protection and whether legislative changes granting equal inheritance rights would be beneficial for these communities. To address these questions, empirical studies were conducted in Meghalaya and Mizoram using a mixed-methods approach, combining qualitative and quantitative data collection techniques. Qualitative data were gathered through focus group discussions and in-depth interviews newlinewith community leaders and both male and female members of Khasi and Mizo societies, capturing nuanced views on inheritance rights and the perceived impact of legislative changes. Quantitative data were obtained newlinethrough structured questionnaires, providing measurable insights into the opinions and attitudes of a broader population.