Hatti Tradition of Polyandry

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.

Legal Status of Polygamy and Polyandry:

• 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.

Related Judicial Pronouncements:

• 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.