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Customary Law Of Hill Tiwa Tribe Of Assam




Darshana Nath, Research scholar, Department of Juridical Studies, Mahapurusha Srimantra Sankaradeva Vishwavidyalaya, Guwahati Unit*

Dr. Divakar Sharma, Assistant Professor and Research Guide, Department of Juridical Studies, Mahapurusha Srimantra Sankaradeva Vishwavidyalaya, Guwahati Unit**


ABSTRACT


North-East India represents a mosaic of indigenous communities whose identities are shaped by distinctive histories, cultures, and normative systems. Among them, the Tiwa (earlier known as Lalung) tribe occupies a unique position due to its dual social organization—patrilineal in the plains and matrilineal in the hills—and its strong commitment to communal harmony, equality, and collective responsibility. The Hill Tiwa society, in particular, has preserved an elaborate system of unwritten customary laws and institutions that regulate social conduct, resolve disputes, and sustain cultural continuity. These indigenous norms are deeply intertwined with everyday life, religion, agriculture, and kinship, reflecting a worldview that prioritizes family, dignity, and social cohesion over hierarchy and coercion.


This paper examines the institutional framework of Hill Tiwa customary governance, with special emphasis on Shamadi (Dekasang) and the traditional courts such as Raj Pishar, Lorone Pishar, Kraikhel Pishar, and Barokhel Pishar. It explores their composition, jurisdiction, and functions, highlighting how justice is delivered through participatory processes, moral persuasion, and reformative principles rather than punitive sanctions. The study reveals that Hill Tiwa customary justice is restorative in nature, aiming at reconciliation, public acknowledgment of wrongdoing, and reintegration of the offender into society, thereby maintaining long-term social stability.


Further, the paper analyzes the interaction between Hill Tiwa customary law and the constitutional framework, particularly the role of the Sixth Schedule in recognizing and protecting tribal autonomy in Karbi Anglong and Ri- Bhoi regions. It argues that the continued relevance of Hill Tiwa customary law lies in its adaptability, community legitimacy, and preventive approach to crime. By situating this indigenous justice system within India’s broader plural legal landscape, the paper underscores the importance of safeguarding customary institutions while ensuring their harmony with constitutional values and human rights.


Keywords: Hill Tiwa Tribe; Customary Law; Indigenous Justice System; Shamadi (Dekasang); Sixth Schedule.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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