Customary Law Practices in the ‘Tribal Women’ of Sikkim

The tribal societies of Sikkim have practised customary law since ancient times. ‘Customary law’ is a legal system that establishes behavioural patterns in a particular social setting. This article explores why customary law practices are relevant to the tribal communities of Sikkim when India has a modern judicial system. Our findings show that customary law in Sikkim is considered a fundamental legal source for Sikkimese citizens. It establishes relationships between communities that focus on customs and traditions. However, this article argues that the customary law that focuses on the ‘customs and traditions’ is discriminatory against ‘women’ and is rooted in inequality, giving priority to male dominance, resulting in rampant poverty, aggression, misogyny and the further entrenchment of customs and myths. Moreover, customary law is considered a ‘living law’ of the community, yet it is discriminatory, and ‘tribal women’ are considered the most disadvantaged.