Customary law vs. Statutory law

Why in News? A woman from the trans-Giri region of Himachal Pradesh, Sunita Chauhan, recently married two brothers, Pradeep and Kapil Negi. This has drawn national attention because it revives discussion around polyandry—a practice locally known as ‘joddarna’. The practice is common among the Hatti tribal community, which was recently granted Scheduled Tribe (ST) status in 2022.

Relevance : Topics: Customary law vs. statutory law, women’s rights, uniform civil code (UCC), Article 13, tribal traditions and legal pluralism.

Key Points :

Legal Context of Polyandry in India:

• Polyandry and polygamy are not illegal, but they do not receive legal recognition unless protected by customary law.
• Polyandry is criminalized under Hindu Marriage Act (1955) and Bharatiya Nyaya Sanhita unless proven to be a customary practice.
• Custom under Article 13 of the Constitution must meet the standards of certainty, reasonableness, and public policy.

Hatti Community & Tribal Custom:

• The Hatti community, now classified as a Scheduled Tribe, practices polyandry as part of their tradition.
• Supporters claim it helps maintain family unity, protect agricultural land, and strengthen women’s rights.

Constitutional and Legal Safeguards:

• Article 342 recognizes STs and their distinct customs.
• Uttarakhand’s UCC (2024) allows STs to maintain personal laws and exempts tribal customs.
• Supreme Court rulings have upheld tribal customs unless they violate fundamental rights, especially Articles 14, 21 (equality and dignity).

Judicial Precedents:

• SC in Ram Charan v. Sukham upheld inheritance rights based on tribal customs.
• However, SC has also struck down customs that restrict women’s rights, like in the Sabarimala case and triple talaq verdict.

Controversies and Legal Questions:

• Courts and lawmakers debate whether such practices violate fundamental rights, particularly equality (Article 14) and dignity (Article 21).

There is concern about whether tribal customs like polyandry should be preserved if they contradict modern gender norms or statutory laws.