NEW DELHI: A parliamentary committee report has suggested that the tribal justice system needs to brought by a separate legislation in the Parliament, with liberty to states to amend, add or modify according to their particular needs. The committee also advocated wider representation of tribal women in the tribal bodies and district councils.
The Rajya Sabha’s 80th Department-related Parliament Standing Committee on ‘Synergy between Tribal Justice System and Regular Justice System of the Country’, quoting data, said that tribal population in the country stood at 1,04,281,034 as per the 2011 census, constituting 8.61 per cent of the total population.
The committee, quoting the Department of Justice, stated the practices under the tribal justice system are uncodified, customary and varies from tribe to tribe.
“The committee could come to the conclusion after discussing elaborately that tribal justice system needs to be brought by separate legislation in Parliament with liberty to states to amend, add or modify according to the need of the particular state,” the report stated, adding that the tribal justice system needs to allowed to be synchronised with regular justice system at the root level.
The committee also said that it does not recommend replacement of customary justice delivery mechanism with the regular system. “But it is of the view that these two systems, instead of bringing compartmentalisation, should converge in a symbiotic manner to enhance access to justice to those indigenous inhabitants,” the committee report stated.
It further observed that women in many tribal societies are not permitted to participate in public offices and their property rights are also restricted.
“The committee feels that the representation of women in tribal bodies and district councils may be encouraged by consultation and legislative process to bring gender equality in the local administration as provided under the Part IX of the Constitution in the Panchayati Raj Institutions,” it said.
The panel said that during deliberations, the Department of Justice or Tribal Affairs Ministry did not take the issue of tribal justice system seriously.