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

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.