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Home/Anthropology/Mains PYQ/2018/Paper I/Economic & Political Anthropology
UPSC MainsAnthropology Optional Paper I 2018 15 Marks Model Answer Available

Customary Law in Tribal Society — 2018 Paper I

Question · 2018 · Paper I · 15 Marks

How does customary law function in the tribal society ? Discuss its different sources.

Model Answer

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Approach

  • Demand of Question: Explain the role of customary law in regulating tribal social life and identify its principal sources.
  • Structuring the Response: Define customary law, discuss its functions in marriage, property, dispute resolution and resource use, then classify its sources.
  • Key Dimensions to Cover: Oral tradition, customs, precedent, kinship, religion, taboo, chiefs, tribal councils, sanctions and community consensus.

Model Answer

Introduction: Customary law consists of socially recognized rules derived from long-established customs and practices rather than primarily from written legislation. In many tribal societies it regulates behaviour through community acceptance, kinship obligations and customary authority.

Functions of customary law

  1. Regulation of marriage and family: It defines:
  • permitted and prohibited marriages;
  • bridewealth;
  • divorce;
  • widow remarriage;
  • inheritance.

Among many tribal societies, clan exogamy is enforced through customary norms.

  1. Property and inheritance: Customary law regulates rights over:
  • land;
  • livestock;
  • household property;
  • lineage resources.

For example, Khasi customary arrangements historically give important inheritance rights through the matrilineal line.

  1. Social control: Rules concerning incest, theft, adultery and breach of community norms are enforced through:
  • fines;
  • compensation;
  • ritual sanctions;
  • social boycott.
  1. Dispute settlement: Village councils, clan elders or chiefs mediate disputes and seek restoration of social harmony.

Thus:

Violation → Council deliberation → Compensation/sanction → Restoration of relations

  1. Resource management: Customary rules regulate access to:
  • forests;
  • grazing grounds;
  • water;
  • shifting-cultivation land.
  1. Preservation of social order: Since law is closely connected with kinship, morality and religion, obedience often rests upon social legitimacy rather than coercive state machinery.

Sources of customary law

  1. Customs and usages: Repeated practices accepted over generations constitute its primary source.
  2. Oral traditions: Collective memory, legends and traditional narratives preserve norms concerning rights and duties.
  3. Kinship and clan rules: Descent, marriage and inheritance systems generate important legal obligations.
  4. Religion and taboo: Beliefs concerning ancestors, spirits and sacred prohibitions often sanction customary rules.
  5. Decisions of chiefs and councils: Judgments of traditional authorities may become precedents for later disputes.
  6. Community consensus: Social acceptance continually validates, modifies or abandons customary norms.

Nature of tribal customary law

Unlike modern state law, customary law often integrates:

Law + Morality + Religion + Kinship

Therefore the distinction between legal and social obligations is less sharply institutionalized.

Critical perspective

Customary law is dynamic rather than timeless. State legislation, markets, education and constitutional rights increasingly interact with customary institutions. Some customary practices may also conflict with contemporary principles of gender equality or individual rights.

Conclusion

Customary law functions as a comprehensive mechanism of social control, dispute settlement and regulation of kinship, property and resources. Its authority derives principally from custom, tradition, religious belief, precedent and community recognition rather than from written statutes.

2026 How do the concepts of power, authority, legitimacy and social control change with changing political organization? Discuss in detail giving suitable examples. 2024 Origin of State Societies 2024 Cultural relevance of the Kula 2024 Authority and forms of political organization

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