Supreme Court Questions Tripura's Customary Law on Financial Penalties in Rape Cases

Supreme Court Seeks Clarification on Tripura's Jamatia Customary Law

Agartala, Oct 27: The Supreme Court has requested responses from both the Tripura government and the Tripura Tribal Areas Autonomous District Council (TTAADC) regarding a public interest litigation that questions the constitutional legitimacy of a specific provision in the Jamatia Customary Law Act, 2017. This provision pertains to financial penalties in cases involving alleged enticement and rape of women.

A three-judge panel, including Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mahana, issued notices in response to a petition submitted by Madhumita Bhattacharya.

On Monday, the bench also instructed that this petition be associated with an ongoing case. The petition, represented by advocate Shoumendu Mukherji, contests Section 143 of the Act, claiming it permits individuals accused of rape to evade criminal repercussions by paying fines through the community's customary adjudication process.

The petition requests a declaration that this provision is unconstitutional and seeks directives for the submission of relevant records regarding the law's enactment to the Supreme Court.

Section 143 outlines a process for individuals dissatisfied with a ruling made by Okras, the traditional Jamatia spiritual or community leaders who perform adjudicatory roles, to seek recourse in a formal legal forum.

This Act was established by the TTAADC under the Sixth Schedule of the Constitution to formalize the customary practices and traditional dispute resolution methods of the Jamatia community. The Supreme Court has yet to make a determination on the constitutional validity of the contested provision.