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Judicial Approach Of Constitutional Protection Of Tribal Women In India




Dr. Kailas Vasave, Assistant Professor of Law, Maharashtra National Law University, Nagpur


ABSTRACT


Tribal women in India are the most vulnerable and depressed section of society. Despite of constitutional guarantee of equality under the Constitution, the protection of tribal women was least thought of in its implementation and practices. The customary practices of tribal communities upheld the social status of tribal women on an equal basis, the rights were not recognized par with the tribal male. The unequal treatment given to the tribal women was challenging the very principle and equality code among the tribal communities. Under Customary practices, tribal women are traditionally ignored to acquire inherent property rights from the ancestral property. The ownership of property rights and its titles among the tribal women are very less compared to tribal men. The Indian judiciary was protecting the women's rights of Muslims, Hindus and Christians equally to the men but there was an absence of precedents to make drastic changes to protect the rights of tribal women lacking a pragmatic approach to address the issues of protection of tribal women enshrined into the Constitution of India.


Keywords: Constitution, Protection, Tribal Women, Equality, Rights

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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