Customary law and gender in Northeast India

Abstract

One of the dominant issues in writings on the tribal societies of Northeast India is the liberal use of concepts like custom, customary law, and law without clarity about the distinctions and overlaps between them. It is also observed that the literature on customary laws relates only to the tribal communities, as if the caste societies are bereft of any customs or customary laws, which is certainly not true but is not the subject matter of the present lecture. Further, it is observed that customary laws are seen as forces perpetuating gender inequality, which to me is more a political than an academic statement. This valedictory address will address some of the issues mentioned above with suitable examples from India’s Northeast. In conclusion, the address will also try and reflect on the future of the region that continues to be guided by numerous customary laws that are sometimes in conflict with state laws and occasionally even with the Constitution of India.