Polyandry
Why it Matters?
The Hatti tribe in Himachal Pradesh continues the customary practice of polyandry (‘Jodidaran’) despite broader legal prohibitions, highlighting the interplay of tribal customs, constitutional protections, and modern law.
What You Should Know?
Hatti community
The Hattis are a close-knit community who take their name from their traditional occupation of selling home-grown crops, vegetables, meat, and wool at small-town markets known as ‘haats’.
There are two main Hatti clans: one in the Trans-Giri area of the Sirmaur district in Himachal Pradesh and the other in Jaunsar Bawar of Uttarakhand.
The Hatti community was granted Scheduled Tribe (ST) status by the Central Government in 2022.
Polyandry is a form of polygamy in which a woman takes two or more husbands at the same time.
Polyandry is illegal under:
Hindu Marriage Act, 1955
Special Marriage Act, 1954
Bharatiya Nyaya Sanhita (BNS), 2023
Section 2(2) of the Hindu Marriage Act exempts its application to STs unless otherwise notified by the Central Government.
The Constitution under Article 342 grants distinct recognition to Scheduled Tribes.
Uttarakhand's Uniform Civil Code (UCC), 2024-25 excludes Scheduled Tribes from its ambit.
Courts have ruled that customs violating Fundamental Rights like Triple Talaq, Sabarimala ban are unconstitutional.