India Intelligence Report
 

Customar Laws Govern Religion, Posts: SC

 

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.

In the last 100 years, the practice of appointing two Chiefs—one for administration and another for religion, has happened only twice. The Court noted that on both occasions, popular unrest unseated both candidates.

 

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