Customary law
dipankar
(Querist) 16 February 2012
This query is : Resolved
One of my colleague working with me is a tribe. He belongs from Santal tribe. Recently he gets divorce from his wife by their custom. I want to know whether the customary law is still prevalent in the tribal society. As per his view his village head called ‘Manjhi’ given him the justice of separation between them by Santal customary law and no family or any other court of law involves in the process. He told me that their village headmen named ‘Manjhi’ do everything such as marriage, divorce etc. etc. and no legal interference allowed by anybody. I cannot understand whether it is legal or not. Please let me know the actual fact of tribal law in india. What is their relevant jurisdiction in a legal way? Please clarify?
Bhumik Dave
(Expert) 16 February 2012
Yes customary laws are legal and i am agreed with SHR.
Tajobsindia
(Expert) 16 February 2012
The District Gazetteer of Santhal Parganas printed in the year 1965 by the Superintendent, Secretariat Press, Patna has details of customary laws followed by Santhal paragana tribes and your friend statement about customary dissolution of marriage by their village Manjhi is right and same is protected by Courts.
Rajeev Kumar
(Expert) 16 February 2012
Customary law is prevalent and valid.
Guest
(Expert) 16 February 2012
Not only in Santhal Paganas, but also in several other tribal areas of other states, like Mizoram, Arunachal, Meghalaya, Manipur, etc, customary laws prevail. Even Muslim laws of marriage and divorce in India, more or less, are customary in nature, as is based on Sharia.
N.K.Assumi
(Expert) 16 February 2012
PS Dhingra Sir. why are you omitting NAGALAND? Artcile 371-A? Civil and criminal Justice according to Naga Customary Laws: a miniature Constitution under the Constitution? This has made the applicability of CRPC and other laws like yarrow unvisited.
