Custom vs. Codified Law: The Struggle for Women's Inheritance in Tribal and North-Eastern Communities

Author(s)	Dr. Sanjay Khaitan
Country	India
Abstract	This paper examines the complex interplay between customary law and codified legal frameworks concerning women's inheritance rights in tribal and North-Eastern communities of India. Despite constitutional guarantees of equality, millions of tribal women face systematic exclusion from property inheritance through customary practices that remain largely uncodified and patriarchal. This research analyzes the legal pluralism that characterizes these regions, exploring how traditional practices often supersede statutory provisions, thereby perpetuating gender-based discrimination. Through examination of legislative frameworks, judicial interventions, and ground realities, this study reveals the persistent tension between cultural preservation and gender justice. The paper argues for a nuanced approach that respects cultural autonomy while ensuring fundamental rights, proposing legislative reforms and community engagement strategies to bridge the gap between custom and constitutional mandate.
Keywords	customary law, women's inheritance rights, tribal communities, legal pluralism, North-Eastern India, gender justice
Published In	Volume 8, Issue 2, March-April 2026
Published On	2026-03-03

About IJFMR Fees & Payment Current Issue Publication Archive	Submit Research Paper Track Submission Status Publication Guidelines Publication Ethics Peer Review & Plagiarism	Join as a Reviewer Editors & Reviewers Reviewer Referral Program Get Reviewer Membership Certi.	Website/Journal Policies Usage Policy Content Policies Privacy Policy

Contact Us		+91-9687-828-838	editor@ijfmr.com

International Journal For Multidisciplinary Research