A case of divorce of a tribal couple has reached the High Court of Chhattisgarh, in which a tribal woman has accused her husband of harassment. During the hearing of this case, the court asked the petitioner’s lawyer what are the methods of divorce among the tribals, but why did this happen and what is the whole matter, let us know.
Why is divorce difficult for tribals under the law?
Hindu Marriage Act is not applicable in the tribal society of India. Similarly, Special Marriage Act is also not applicable in tribal society. In such a situation, if a couple approaches the court for divorce under the legal process, then the court has no basis to divorce them.
Recently, when a couple from Chhattisgarh approached the court to seek divorce, the top court directed the petitioner’s lawyer Jaideep Singh Yadav to provide information about the divorce practices prevalent in the tribal society.
Many laws of India do not apply to tribals
In a conversation with BBC, Sarv Adivasi Samaj leader and former Union Minister Arvind Netam said that all the laws like marriage, polygamy, divorce, adoption, maintenance, inheritance etc. do not apply to the tribals. He said that almost all the traditions and customs of the tribal society are governed by customary or customary law. These stereotypes are the special identity of the tribals. This characteristic separates him from all other castes, communities and religions. In such a situation, tribals need to be alert on provisions like Uniform Civil Code. Just as Jharkhand has demanded implementation of Sarna Code, in the same way there is a need to implement a separate code for tribals across the country.
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