Juxtaposing Uniform Civil Code with Tribal Customary Laws of North-East India

Abstract

With the aim of unifying the myriad personal laws prevalent in India, efforts are being made both at central as well as state levels to implement a Uniform Civil Code. However, this poses a complex challenge when juxtaposed with the tribal customary laws in vogue in the North-Eastern States of India. Several tribes residing in these states have their diverse and distinct customs and traditions that govern several facets of their lives and as such comprise a unique case for consideration. Customary laws in the North-Eastern States significantly differ from the mainstream religion-based personal laws prevalent in the rest of the country. Thus, the Uniform Civil Code’s objective to implement the same set of laws across the country and communities could have a significant impact on the preservation of these indigenous legal systems that are considered integral to the identity and autonomy of tribal communities. In this background, this article attempts to shed light on the nuanced interplay between the Universal Civil Code and the customary laws of tribal communities prevalent in North-East India. Through the analysis of constitutional and legislative provisions, judicial decisions, and socio-political dynamics, the article seeks to analyse the inherent complexities in reconciling national uniformity with regional diversity.