E ISSN: 2583-049X

International Journal of Advanced Multidisciplinary Research and Studies

Volume 3, Issue 2, 2023

A critical analysis of Customary laws, Woman’s property right and Uniform Civil Code in reference to Arunachal Pradesh, India

Author(s): Dr. Topi Basar


Status of woman under Customary laws in context of Arunachal Pradesh is not well defined rather contentious. Rights of woman are interpreted by respective traditional councils predominated by male members based on their perception of customary laws. Each tribe has their own customary beliefs and practices governing marriage, divorce, custody of children, polygamy, inheritance and various other aspects of social life. There are 25 major tribes in Arunachal Pradesh in terms of population size and about 100 sub-tribes. The cultural and linguistic diversity is remarkable in itself. With the introduction of formal laws in both civil and criminal matters hitherto regulated by Customary laws, the traditional institutions are gradually losing its grip. However, for people living in the village continues to rely on traditional systems of adjudication in land, property matters and marriage related disputes. The application of formal laws has led to some ambiguity also due to interplay of both customary laws and formal laws on the same subject matter. Once a decision is given by the traditional council Court normally do not interfere with the matter out of reverence for the culture and tradition involved. Being an appellate Court whether such abdication of judicial review power in all cases may lead to injustice sometimes. As it becomes necessary to determine the Constitutionality of certain Customary laws affecting woman’s right enshrined under the Constitution objectively by the Court where there is a negation of right or denial of justice. At some point, intervention of Court becomes necessary to undo the wrong done. There is a need for legal clarity in terms of appeal against decision of traditional village authority. The author will make a critical appraisal of Customary laws in the changing social contexts and prevailing notions of woman’s property right and challenges before the woman’s inheritance rights. How social and cultural norms are impacting the property rights claim for woman. Whether Uniform Civil Code offers solution to these problems?

Keywords: Customary Law, Uniform Civil Code, Assam Frontier Regulation Act, Constitution of India, Head Gao Bura/Buris, Village Traditional Councils

Pages: 950-954

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