Tag: CUSTOMARY LAWS STILL RELEVANT IN NE

Customary Laws: An Overview Definition and Characteristics: Customary Laws: Traditions and practices treated as legal norms due to their cultural and social significance. Components: Customary principles, rules, and codes of conduct. Oral traditions, adaptable and evolving in nature. Enforced by traditional institutions through sanctions. Traditional Institutions in the Northeast: Role: Act as custodians of customary laws, often functioning as courts at village, regional, and community levels. Examples: Adi: Kebang Apatani: Buliyang Nyishi: Nyelle Tripura Jamatia: Hoda Khasi (Meghalaya): Dorbar Shnong Ao Nagas: Putu Menden Salient Features of customary laws of ethnic groups of North East: Dispute Resolution: Addresses land, property, family, marriage, and divorce issues. Heavily relies on local traditions without involving modern courts. Inheritance Systems: Most societies are patrilineal, tracing lineage and inheritance through male lines. Few exceptions (e.g., Khasi, Garo, Jaintia – matrilineal). Land Management: Involves jhum cultivation and clan-specific lands. Marital restrictions within clans to maintain lineage purity. Gender Roles: Bride price: Reflects the value of women. Gender biases: Limited inheritance rights and exclusion from decision-making in traditional governance. Customary Laws and Indian Constitution: Sixth Schedule: Provisions for safeguarding tribal traditions and governance. Special Articles: For Nagaland and Mizoram, recognizing customary practices. Endorsed by colonial studies (e.g., Verrier Elwin’s A Philosophy of NEFA) and Nehru’s Panchsheel principles. Gender Issues: Gender bias exists in areas like property inheritance and governance roles. Some societies allow situational adjustments, reflecting slow progress toward equity. Synergy with the Regular Justice System: Tribal justice serves as an alternative dispute redressal mechanism. Legal pluralism facilitates coexistence, as highlighted by the 80th Parliamentary Standing Committee Report. Potential exists for blending tribal and modern systems for holistic justice.

Tag: CUSTOMARY LAWS STILL RELEVANT IN NE

CUSTOMARY LAWS STILL RELEVANT IN NE

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