A recent report from a parliamentary committee has proposed a significant reform in the tribal justice system in India. The committee, known as the Rajya Sabha’s 80th Department-related Parliament Standing Committee, highlighted that the tribal population in India, as per the 2011 census, amounts to 1,04,281,034 people, constituting approximately 8.61% of the total population. This committee pointed out that the tribal justice system currently lacks codification and varies among different tribes.
The central recommendation of the report is to establish a separate legislation in the Parliament dedicated to the tribal justice system. This legislation would grant individual states the flexibility to make amendments, additions, or modifications according to their specific requirements. Moreover, the committee emphasized the importance of integrating the tribal justice system with the regular justice system at the grassroots level. Importantly, the report stressed that this initiative does not intend to replace customary justice delivery mechanisms with the regular system but rather seeks to promote their symbiotic coexistence for improved access to justice for indigenous communities.
Additionally, the committee addressed gender disparities within tribal societies. It urged for greater representation of tribal women in tribal bodies and district councils, advocating for gender equality, similar to what is outlined in Part IX of the Constitution for Panchayati Raj Institutions. The report also expressed disappointment with the Department of Justice and the Ministry of Tribal Affairs for not adequately addressing the issue of the tribal justice system during their deliberations.
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