170th Anniversary of Santal Hool: Balancing Tribal Customary Laws and Gender Justice

Consequently, tribal women are increasingly forced to bypass traditional dispute resolution mechanisms and seek legal recourse in state courts. This shift has brought to the fore a critical constitutional and governance dilemma: the tension between Article 21 (Right to Life with Dignity, which includes livelihood and gender justice) and the protection of tribal customary laws under the Fifth Schedule of the Constitution. For policymakers, this issue underscores the need for a nuanced approach. While preserving tribal identity and autonomy is vital to prevent alienation, it cannot come at the cost of disenfranchising tribal women. Reforming customary laws from within, empowering traditional village councils with gender-sensitive frameworks, and aligning customary practices with constitutional guarantees of equality are essential steps toward achieving holistic tribal empowerment. UPSC Relevance: This topic is highly relevant for GS Paper I (Modern Indian History, Tribal Revolts, and Indian Society) and GS Paper II (Social Justice and Governance). It serves as an excellent case study for questions on the intersection of gender justice, tribal customary laws, and constitutional rights, as well as the role of women in historical anti-colonial movements.