International Journal For Multidisciplinary Research

E-ISSN: 2582-2160   •   Impact Factor: 9.24

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Hill Tiwa Customary Law and Its Relevance in the Contemporary Codified Legal System of India: A Socio-Legal Analysis

Author(s) Ms. DARSHANA NATH, Dr. DIVAKAR SHARMA
Country India
Abstract The Hill Tiwa community of North-East India follows a distinct customary legal system that is deeply rooted in tradition, collective responsibility, and restorative justice. Unlike the formal codified legal system of India, which is primarily adversarial and procedure-oriented, Hill Tiwa customary law emphasizes reconciliation, social harmony, and community participation in dispute resolution. This research paper examines the core principles, procedures, and sanctions under Hill Tiwa customary law and critically analyzes their relevance within the framework of India’s existing codified laws.
The study explores how constitutional provisions, particularly those recognizing customary practices in tribal areas, create space for the coexistence of traditional justice systems alongside formal courts. By adopting a socio-legal and empirical approach, the paper highlights the potential of Hill Tiwa customary law to contribute to restorative justice, access to justice, and reduction of litigation burdens.
This study concludes that Hill Tiwa customary law, with its emphasis on restorative justice, community participation, and social harmony, remains highly relevant within India’s contemporary codified legal framework. When selectively integrated with constitutional safeguards, such customary practices can complement formal courts by enhancing access to justice, protecting victim interests, and reducing procedural delays, without compromising the rule of law or fundamental rights.
Keywords Hill Tiwa Tribe, Customary Law, Codified Law, Restorative Justice, Tribal Justice System
Published In Volume 7, Issue 6, November-December 2025
Published On 2025-12-31
DOI https://doi.org/10.36948/ijfmr.2025.v07i06.65404
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