Why in the news?

The recent polyandrous marriage in Himachal Pradesh has brought the spotlight back on the customary practices of the Hatti tribe.

About Hatti Tribe:

Location: Indigenous to the Trans-Giri region (Himachal Pradesh) and Jaunsar Bawar region (Uttarakhand).
Rivers: Settled around the Giri and Tons rivers, tributaries of the Yamuna.
Etymology: “Hatti” derives from “haat” (traditional village markets).
Population: Around 2.5 lakh in 2011; now estimated at 3 lakh.
Traditional Governance: Khumbli (tribal council) handles disputes and key decisions.
Social Structure: Divided into upper castes (Bhat, Khash) and lower castes (Badhois).
Livelihood: Depend mainly on agriculture; eco-tourism also provides seasonal income.
Backwardness: Social and educational deprivation due to geographical isolation.
Scheduled Tribe Status:
- Jaunsar Bawar (Uttarakhand) recognized in 1967.
- Trans-Giri region (Himachal Pradesh) granted status in 2023–24.

Prohibition: Banned under Hindu Marriage Act (1955), Special Marriage Act, and Bharatiya Nyaya Sanhita.
Exemption for Scheduled Tribes: These laws do not automatically apply to Scheduled Tribes unless notified by the Central Government.
Constitutional Provision: Article 342 gives Scheduled Tribes distinct legal recognition.
Legal Exemption Clause: Section 2(2) of the Hindu Marriage Act exempts Scheduled Tribes unless otherwise notified.
Definition of Custom: Recognised if the practice is long-standing, reasonable, and not against public policy.
Judicial Requirement: Courts need clear evidence to validate customary laws.
Uniform Civil Code (Uttarakhand, 2024): Explicitly excludes Scheduled Tribes.
UCC Rules (2025): Confirms UCC does not apply to groups protected under Part XXI of the Constitution.

Customs vs Fundamental Rights: The Supreme Court strikes down customs that violate equality, dignity, or liberty.
Triple Talaq Case: Declared unconstitutional as it violated Articles 14 and 21.
Ram Charan v. Sukhram (2024): Tribal women cannot be denied inheritance based on customary male preference.
Judicial Outlook: Customs must adapt and cannot override fundamental rights.

[UPSC 2019] Which Article of the Constitution of India safeguards one’s right to marry the person of one’s choice?

Options: (a) Article 19 (b) Article 21* (c) Article 25 (d) Article 29