Examine the interplay between tribal customary laws &

This examines interplay of tribal customary laws & constitution in Arunachal Pradesh, analysing justice equity challenges & cultural preservation.

Customary Laws, Constitutional Provisions (Article 371H, Sixth Schedule considerations), Equitable Justice, Cultural Heritage, Land Rights, Governance, Conflict Resolution, Gender Equality.

Arunachal Pradesh’s governance intricately weaves customary laws with Indian Constitution. Article 371H grants special provisions. Sixth Schedule isn’t applicable but influences. Challenges: balancing traditional practices with constitutional mandates, especially regarding equitable justice. Customary laws, often patriarchal, clash with gender equality. Land disputes and inheritance present complex conflicts. Preserving cultural heritage while ensuring human rights poses a core dilemma.

Customary laws govern social life, land ownership, & conflict resolution. Constitutional provisions aim for uniformity & fairness. The judiciary navigates this by respecting customary practices where compatible with fundamental rights. Balancing these often leads to ambiguity in legal interpretations, thus, creating the need for codification and reforms.

Enforcement faces hurdles due to varying customs across tribes, leading to inconsistent rulings. Traditional councils must reconcile their authority with courts. Ensuring marginalized groups receive equal treatment demands careful consideration of societal norms. Development projects often clash with customary land rights.

Examples: Cases involving land disputes, inheritance, and social ostracism. The tension between upholding ancestral ownership practices with modern legal concepts, as well as tribal governance institutions with democratic principles, are relevant examples.

The interplay demands careful navigation: reforming customary laws, strengthening legal frameworks, & promoting cultural sensitivity. Achieving equitable justice necessitates ongoing dialogue, inclusive practices & a balance between tradition and modern governance.

• Article 371H impacts law and order.
• Judicial balancing is key.
• Customary laws & rights are important
• Gender equality concerns are substantial.