Supreme Court Challenges Tripura Customary Law Over Rape Penalties

Agartala: The Supreme Court stepped into a legal battle on October 26 regarding the Jamatia Customary Law Act, 2017. Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V. Mohana ordered the Tripura government and the Tripura Tribal Areas Autonomous District Council to explain their stance. They face a public interest litigation filed by Madhumita Bhattacharya.

The plea focuses on Section 143 of the Act. It claims this rule lets suspects in rape and enticement cases dodge criminal punishment by paying financial penalties to the community. Advocate Shoumendu Mukherji filed the petition. It asks the court to declare the provision unconstitutional and force the government to hand over records from the law's enactment.

The TTAADC created the 2017 Act under the Sixth Schedule of the Constitution to formalize tribal customs. The law empowers Okras, traditional spiritual and community leaders, to act as judges. The petition notes that "a party aggrieved by a judgment or decision delivered by Okras" can approach a formal legal forum, but critics argue the current framework shields perpetrators. The bench tagged this case with a pending matter. Future hearings will decide if the provision stays on the books.