Asian Journal of Research in Social Sciences and Humanities
  • Year: 2022
  • Volume: 12
  • Issue: 12

“Should customary laws prevail over fundamental rights”: A critical analysis of property rights of tribal women of Lahaul region of Himachal Pradesh

1Faculty, Himachal Pradesh National Law University, Ghandal, Shimla, India, Email id: nutankanwar84@gmail.com

2Faculty, Himachal Pradesh National Law University, Ghandal, Shimla, India, Email id: 86rohitsharma123@gmail.com

Online published on 31 January, 2023.

Abstract

The women rights are at the centre stage of discussion in different platforms. The Constitutional provisions limit its applicability to such tribal pockets that are governed by the local customs. Tribes represent one of the pluralistic traits of culturally diverse nation wherein customs are one of the primary sources of governance. In the light of constitutional provisions, these customs highlight a discriminatory practice of succession in the favor of women. An attempt has been made by the researchers to critically analyze the succession (Riwaz-e-aam) amongst tribes in Lahaul region of district Lahaul Spiti in Himachal Pradesh.

Keywords

Succession, Customs, Tribal Women, Riwaz-E-Aam, Property Right