Customary Law and Gender Inequality: A Case Study of Pangwala Tribal Community of Western Himalaya
India is considered to be an anthropological laboratory because of its regional, religious, ethnic, racial and linguistic diversities. Tribal population is an integral part of the India’s social fabric and has the largest concentration in our country. The present study is an attempt to the customs, and customary laws of Pangwala mountain community related to inheritance of the property. The study is primarily based on the Rawaj -i-Am (District wise statement on custom) and Wajib-ul-arz (village –wise statements of custom). Some legal cases, both decided and pending in the courts to examine the customs and customary laws that exist among the Pangwala are considered for the study which is more contemporary and exploratory in nature. The study reveals that Pangwal had patriarchal, Patrilineal or patrilocal custom law descent of the social group, inheritance of property, and succession of chieftainship is all in the male line, marriage is patrilocal and authority in the family is strongly patriarchal.
Bekker, J.C (1989) Seymour’s Customary Law in Southern Africa, 5th edn, Cape Town, Juta & Co. Ltd, p. 11.
Cobo, J.M. (1986) Study of the Problem of Discrimination against Tribal Populations, United Nations NE/CN.4/Sub.2/ 1986/7/Add. 4.
Fernandes, W., Melville P. and Vizalenu K. (2005) Customary Laws in North East India: Impact on Women. Guwahati: North Eastern Social Research Centre (mimeo).
Himachal Government Judicial Paper, Sr. No. 00372, 2011 Partition Paper at Judicial Magistrate, Tehsil Killar, District Chamba, dated 22.03.2012.
Bharati, K.R. (1995) Pangi and Pangwal, Bhadaur House Market, Ludhiana: 42. 45
Narwani, G. S. (2004) Tribal Law in India. Jaipur and New Delhi: Rawat Publishers.
Diwan, P. Customary Law, Publication Bureau, Punjab University, Chandigarh, 1978, p. 8.
Singh, K.S. (1993) Tribal Ethnography, Customary Law and Change: New Delhi: Concept Publishing Company.
Visto, A (2003) Customary Law and Women. The Chakhesang Nagas. New Delhi: Regency Publication.
Fernandes, W., Gita B. (2008)., Customary Law Formal Law Interface: Impact on Tribal Culture, eds. Published in T.N. Subba, Joseps Puthen Purackal and Shaji Joseph Puykunnel Christianity and Change in North India. New Delhi: Concept Publishing Company, pp. 93-108.
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