Polyandry and Customary Law in India

Himachal Tribal Marriage Sparks Legal Debate – CLAT Current Affairs 2026 Analysis

 Why in News?

A tribal woman from the Trans-Giri region in Himachal Pradesh recently married two brothers from the Hatti community, reviving debate around the ancient practice of polyandry. The marriage, although a part of traditional Hatti customs known locally as ‘Joddaaran’, has drawn legal and public attention due to its perceived conflict with codified Indian marriage laws.

Given its intersections with customary law, constitutional rights, tribal autonomy, and gender justice, this case holds significant relevance for CLAT 2026 aspirants.

 Introduction

The Constitution of India is a pluralistic legal framework that recognizes both codified laws and customary tribal practices. While polyandry—the practice where a woman has more than one husband—is outlawed under codified laws like the Hindu Marriage Act, 1955, it continues in certain tribal regions under customary law protection.

A recent example from Himachal Pradesh, where Sunita Chauhan married Pradeep and Kapil Negi, both brothers from the Hatti tribal community, brings forth critical legal questions:

• Is polyandry legal under Indian law?
• Can customs override codified statutes?
• What does the Constitution say about Scheduled Tribes and their practices?
• What have courts held on similar issues?

These questions connect with multiple CLAT-relevant themes: Personal law vs Uniform Civil Code (UCC), Article 14, 15, 21 rights, and tribal autonomy under Article 342.

 Point-wise Summary

🔹 1. The Tribal Marriage in News

• A woman named Sunita Chauhan from Trans-Giri region married two brothers—Pradeep and Kapil Negi.
• This polyandrous tradition, locally called “Joddaaran”, is common among the Hatti tribe.
• The Hatti community was granted Scheduled Tribe (ST) status by the Government of India in 2022.
• The marriage is one among five such marriages reported in the region in the last six years.

🔹 2. Origin and Cultural Justification of Polyandry

• Polyandry in the Hatti tribe serves:
  • To preserve undivided agricultural land among brothers.
  • To reinforce family bonds and avoid property division.
• Rooted in agrarian lifestyle, particularly where land is scarce and valuable.

🔹 3. Legal Framework: Is Polyandry Legal in India?

• Polyandry and polygamy are criminalized under:
  • The Hindu Marriage Act, 1955
  • The Special Marriage Act, 1954
  • The Bharatiya Nyaya Sanhita (BNS)
• However, there exists a carve-out for Scheduled Tribes under Section 2(2) of the Hindu Marriage Act:
  • It excludes the application of the Act to STs unless explicitly directed by the Central Government.

🔹 4. Role of the Constitution

• Article 342 of the Constitution recognizes STs and protects their distinct identity and customs.
• Article 366(25) read with Article 342 protects “groups of persons” whose customs are part of Part XXI – Temporary and Special Provisions.

🔹 5. Customary Law Exception

• Under Indian law, customs are valid if they:
  • Have been followed “for a long time”.
  • Are not unreasonable or against public policy.
• Courts have recognized such customs among STs, provided they:
  • Uphold constitutional morality.
  • Do not violate fundamental rights.

🔹 6. Uniform Civil Code (UCC) and ST Exclusion

• Uttarakhand’s UCC 2025 specifically states that it shall not apply to Scheduled Tribes.
• This preserves tribal customary rights as per the Constitution.

🔹 7. What Have Courts Said on This Issue?

• Courts have protected customary rights of STs in past cases:
  • In Ram Charan & Ors vs Sukhuram & Ors (SC, 2024), the SC upheld tribal succession rights over codified Hindu law.
  • In Joseph Shine v. Union of India (2018), the SC struck down adultery law, emphasizing individual autonomy and gender equality.
  • In Sabarimala case (2018), SC held that customs that violate fundamental rights like equality and dignity cannot be sustained.

🔹 8. Legal Ambiguity Remains

• While tribal customs are protected, they cannot:
  • Violate Article 14 (Equality) or Article 21 (Right to Life and Dignity).
  • Promote gender discrimination or abuse.
• Courts assess each case on:
  • Reasonableness, Continuity, and Public Morality.

🔹 9. Larger Policy Implications

• Debate on UCC implementation and its ST exclusion resurfaces.
• Raises questions:
  • Should STs be governed by a common civil code?
  • Can a practice like polyandry co-exist with modern personal law jurisprudence?

🔹 10. Gender Rights and Modern Law

• Critics argue that polyandry, even under custom, may:
  • Violate women’s right to autonomy.
  • Lead to legal complications in inheritance and guardianship.
• Supporters highlight that it may reflect women’s agency, especially in tribal societies.

 Explanation of Legal and Constitutional Terms

 Relevance for CLAT 2026 Aspirants

 Legal Reasoning

• Important for passage-based questions on:
  • Custom vs codified law.
  • Article 14 vs cultural freedom.
  • Fundamental Rights vs religious or customary practice.
  • Application of UCC and tribal exemptions.

 Current Affairs

• Extremely relevant for:
  • Debates around personal law and tribal rights.
  • Gender justice vs cultural protection.
  • Judicial interpretation of customs.

 Static + Legal GK

• Helps build understanding of:
  • Article 342 (ST recognition).
  • UCC debate.
  • SC’s evolving jurisprudence on equality and custom.

 Conclusion

The case of Sunita Chauhan marrying two brothers in Himachal Pradesh reopens the larger constitutional debate between tribal autonomy and uniform codified laws. As India treads the path of a Uniform Civil Code, the need to balance tribal customs with constitutional morality and gender justice becomes paramount.

For CLAT 2026 aspirants, this issue blends customary law, marriage rights, tribal identity, and constitutional values, making it an ideal subject for both the Legal Reasoning and Current Affairs sections.

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