The Living Legacy: Relevance of Tribal Law and Custom in the Age of Legal Pluralism

By : Jisu Ketan Pattanaik, Sumit Kumar Singh

Page No: 91-103

Abstract
Indian society is a stratified society with heterogeneity in population and great diversity in culture, language, caste, gender and the existence of a pluralistic legal system. The population of India is composed of rural (68%), tribal (8.6%) and urban populations (32%). The present article argues that in the contemporary legal discourse, customary law occupies a central place and is considered a pre-modern and ancient source of law. Tribal law functions not merely as a sign of tradition but as a functional manifestation and legitimate authority system responding to the local needs and issues. The article is based on the legal and anthropological frameworks of Henry Maine, Malinowski, and Radcliffe-Brown. It explores how multiple normative orders coexist and interact with each other in the post-colonial era, where indigenous legal traditions persist despite resistance and state-driven assimilation. The article advocates for the integration of tribal jurisprudence into broader pluralistic legal frameworks, which can act as a localised alternative to centralised legal authority structures.

Authors
Jisu Ketan Pattanaik: Assistant Professor of Sociology, National University of Study and Research in Law, Ranchi.
Sumit Kumar Singh: Research Assistant and Student, National University of Study and Research in Law, Ranchi.