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The Supreme Court (SC) has said that
tribal customary laws requiring a
headman to perform both administrative
and religious obligations can bar
individuals who converted to other
religions from contesting for such
positions. Accepting the verdict of
the Gauhati High Court said that for
tribal population, their customary
laws were more important and that the
Constitution recognizes those
fundamental beliefs and rights. Hence,
the counter-Constitutional position of
non-discrimination based on religion
is over-ruled by customary rights.
It rejected appeals made by appellant who
had converted to Christianity
challenged provisions of the United Khasi Jaintia Hills Autonomous
District (appointment and Succession
of Chiefs and Headman) Act. It looks
like the SC agreed with the appellant
but was also saying that it does not
apply because it pertains to tribal
population. |
