A Review of Sikkim Succession Act, 2008: A Human Rights Perspective

Read full text
Authors: Denkila Bhutia
Cited by: 0

Abstract

Sikkim's unique constitutional status under Article 371F allows for the preservation of old laws and customs. However, this often creates a conflict with Part III of the Indian Constitution. The Sikkim Succession Act, 2008 was considered as a positive move towards codifying property rights in a state governed by customary laws. While it aimed to modernize traditionally patriarchal customary practices, the Act introduced several provisions that have been criticized as discriminatory. The paper review's the Act's discriminatory nature, judicial rulings and the necessity of aligning the Act with the international human rights standard.

Fields of Study & Subjects

Family and Matrimonial Law Indigenous Peoples' Rights and Law Legal Rights and Human Rights

Publication details

Journal / source
Zenodo (CERN European Organization for Nuclear Research)
Publication date
1 February 2026
Language
EN