When we think about social equality in India, we often focus on caste hierarchies or urban-rural divides. But there’s another layer of inequality that deserves our attention-one that exists within tribal communities, affecting women in profound ways. Gender stratification in tribal society is a complex issue that intertwines ancient customary laws, deeply rooted cultural practices, and limited access to resources. Understanding these dynamics is crucial not only for recognizing the challenges tribal women face but also for working toward a more equitable future.
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The weight of customary laws on women’s property rights
Across much of India, tribal communities are governed by customary laws that often place women in subordinate positions, particularly when it comes to inheritance and property rights. These unwritten laws, passed down through generations, heavily favor men in matters of land ownership and inheritance. Even though the Indian Constitution guarantees equality, tribal women are excluded from the Hindu Succession Act of 1956, which means they must rely on customary practices that frequently deny them property rights.
In most patrilineal tribal societies, land and ancestral property pass exclusively through the male line. Women typically receive only “maintenance rights”-the bare minimum provision for food, clothing, and shelter-but never actual ownership. This leaves widows, daughters, and unmarried women economically vulnerable and dependent on male relatives for survival. According to the All India Report on Agricultural Census 2015-16, only 16.7 percent of tribal women possess land compared to 83.3 percent of tribal men, illustrating the stark gender disparity in land ownership.
Take the case of women in states like Jharkhand, where customary laws are deeply entrenched. When a husband dies, his widow often finds herself evicted from family land by male relatives who view her presence as an obstacle to their inheritance. These “owners in waiting” sometimes resort to violence, threats, and even accusations of witchcraft to force women off the land. The lack of legal protection makes tribal women doubly disadvantaged-first as women in a patriarchal society, and second as members of tribal communities with limited access to formal justice systems.
The paradox of matrilineal societies
It might seem that matrilineal tribal societies would offer better prospects for women. In Meghalaya, home to the Khasi, Garo, and Jaintia tribes, lineage and property pass through the mother’s line. The youngest daughter inherits ancestral property and assumes responsibility for caring for elderly parents. On the surface, this appears to empower women, but the reality is more nuanced.
While Khasi women inherit property, they often don’t exercise real control over it. Decision-making authority frequently rests with maternal uncles and male relatives, who wield significant influence over family and clan affairs. British colonial policies further distorted the system by granting women more property privileges while undermining the traditional role of maternal uncles, creating confusion that persists in modern inheritance disputes. This means that even in matrilineal systems, patriarchal power structures remain intact, limiting women’s true autonomy and decision-making power.
Cultural taboos restricting women’s economic roles
Beyond property rights, cultural taboos impose additional barriers on tribal women’s economic participation. In many communities, certain agricultural tools and activities are considered taboo for women to handle. For instance, among tribes like the Ho and Oraon, women are forbidden from touching or using the plough, which is seen as a crucial agricultural implement. This prohibition isn’t just symbolic-it has real economic consequences.
Think about what this means in practical terms. Agriculture is the primary livelihood for most tribal families, yet women are restricted from performing some of the most important agricultural tasks. They’re relegated to less lucrative activities like weeding, sowing seeds, and harvesting, while men control the more profitable aspects of farming. This gender-based division of labor reinforces women’s economic dependence on men and limits their ability to generate independent income.
In some regions, industrialization and modernization have actually strengthened these taboos rather than weakening them. As traditional economies transform, new social restrictions emerge that further limit women’s agricultural roles. Women who once enjoyed relative freedom in their economic activities now face stricter prohibitions, ironically as societies “modernize.”
Unequal access to community resources
Another dimension of gender stratification involves access to community resources. While tribal women contribute significantly to agricultural production and forest-based livelihoods, they often lack equal access to communal lands, forests, and other shared resources. Men typically manage and benefit from communal holdings, making decisions about resource use and distribution without adequate input from women.
This exclusion extends to community governance structures. Traditional village councils, known as panchayats or dorbars, are predominantly male-dominated spaces. Even in Meghalaya’s matrilineal society, women have minimal representation in political institutions and decision-making bodies. Women are largely absent from these forums where important decisions about land use, resource allocation, and community development are made.
The irony is that tribal women are often the primary collectors of non-timber forest products like fruits, flowers, medicinal plants, and firewood-resources that provide assured income for families. Yet they have little say in how forest resources are managed or distributed at the community level. This disconnect between women’s labor contributions and their decision-making authority perpetuates their marginalization.
Moving toward equality
Addressing gender stratification in tribal society requires a multifaceted approach. Legal reforms are essential, including potential amendments to succession laws to extend inheritance rights to tribal women while respecting cultural diversity. The Supreme Court has recently called for the Central Government to reconsider the exclusion of tribal women from the Hindu Succession Act, recognizing that constitutional guarantees of equality should apply to all citizens regardless of their tribal status.
Beyond legal changes, there’s a need for community-level interventions that challenge discriminatory customs and build women’s awareness of their rights. Sensitizing traditional leaders, revenue officials, and community members about gender equality can gradually shift attitudes. Education plays a crucial role here-empowering tribal women and girls with knowledge and skills that enable them to participate more fully in economic and political life.
Importantly, reforms must come from within communities rather than being imposed from outside. When tribal groups like the Paite Tribal Council voluntarily amended their inheritance laws to include provisions for daughters and widows, it demonstrated that change is possible when communities themselves recognize the need for gender justice.
What do you think? How can we balance respect for cultural traditions with the urgent need for gender equality in tribal societies? What role should the government, civil society, and tribal communities themselves play in ensuring that customary laws evolve to protect women’s rights while preserving cultural identity?
References
- https://ncwapps.nic.in/pdfreports/Customary%20Law.pdf
- https://www.barandbench.com/columns/succession-rights-of-tribal-women-time-to-make-them-gender-equal
- https://www.landesa.org/why-are-tribal-women-in-india-still-robbed-of-their-land-rights/
- https://en.wikipedia.org/wiki/Matrilineal_society_of_Meghalaya
- https://www.theweek.in/wire-updates/national/2025/03/08/ces3-mg-matrilineal-society.html
- https://www.journal.skbu.ac.in/published/paper_full_text/170321710834614.pdf
- https://www.academia.edu/39927599/GENDER_DEVELOPMENT_AND_THE_STATUS_OF_TRIBAL_WOMEN_A_Study_in_Tripura_Sumon_Ali_and_Taslim_Akter
- https://www.researchgate.net/publication/379443940_Do_Resources_Create_Empowerment_A_Study_of_Tribal_Women_Farmers_in_Madhya_Pradesh_India
- https://vidhilegalpolicy.in/blog/rights-of-a-scheduled-tribal-woman-a-lost-cause/
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