Gender Justice, Customary Law and the Uniform Civil Code in Arunachal Pradesh

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Authors: Mamum Megu -
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Abstract

In India, discussions surrounding the Uniform Civil Code (UCC) have mostly presented it as a legal tool for promoting gender equality by harmonising personal laws. The UCC is often portrayed in constitutional and political discourse as a response to discriminatory practices embedded in religious family laws, with legal uniformity assumed to be a prerequisite for equality. While this perspective has influence national debates, it remains inadequate for understanding regions where civil life is not primarily governed by codified religious or statutory laws. Arunachal Pradesh presents a distinctive and under examined context within the UCC debate. Characterised by extensive tribal diversity, geographic remoteness, and constitutionally recognised customary autonomy, the state operates within a plural legal order where unwritten customary norms regulate marriage, inheritance, property ownership, and dispute resolution. For many communities, customary law is not merely a cultural residue but the primary framework through which social order, authority, and justice are organised. At the same time, Arunachal Pradesh is firmly embedded within the constitutional framework of India, which guarantees equality, dignity, and individual rights. This coexistence of constitutional citizenship and customary governance raises a central question; how are constitutional commitments to gender justice mediated through customary institutions that derive legitimacy from tradition and community authority rather than statutory recognition? This paper examines the relevance of the Uniform Civil Code for gender justice in Arunachal Pradesh by situating it within the everyday operation of customary law. Rather than treating the UCC as an instrument of immediate legal replacement, the paper asks whether it can function as a constitutional reference point for assessing civil practices in plural legal settings. The focus is not on abolishing customary law, but on understanding how its institutional structures shape women’s access to rights and how constitutional principles can meaningfully engage with these realities.

Fields of Study & Subjects

Indigenous Peoples' Rights and Law Multicultural Socio-Legal Studies Discrimination and Equality Law

Publication details

Journal / source
International Journal For Multidisciplinary Research
Volume
8
Issue
1
Publication date
4 February 2026