Customary Practices and Law in India: A Case for Legal Pluralism?
Customary Practices and Law in India: A Case for Legal Pluralism?
Author(s): Praveen VermaSubject(s): Politics / Political Sciences, History, Cultural history, Bibliography, General Reference Works, Civil Society, Public Administration, Public Law, Economic history, History of ideas, Local History / Microhistory, Social history, Gender history, Source Material
Published by: Presa Universitara Clujeana
Keywords: Legal Pluralism; Customary Law; Khap Panchayat; Sagotra Marriage; Colonialism;
Summary/Abstract: This essay explores the interactions between customary law and state governance, revealing the complex relationships among power, identity, and law in contemporary India. It highlights the evolving nature of customs and the challenges faced by both dominant and marginalized communities. The analysis focuses on the Jat community's demand for the inclusion of sagotra marriage prohibitions in state law, illustrating how this demand exemplifies formal legal pluralism that reinforces their dominance in local politics. In contrast to marginalized groups seeking recognition of their norms, Khap Panchayats work to uphold traditional authority amid changing social dynamics.
Journal: ROMANIAN JOURNAL OF INDIAN STUDIES
- Issue Year: 1/2024
- Issue No: 1
- Page Range: 104-122
- Page Count: 19
- Language: English
