ORAON TRIBE

- The Oraon tribe, also known as Kurukh or Uraon, is an indigenous ethnic group primarily found in the states of Jharkhand, Chhattisgarh, West Bengal, and Odisha in India. They are one of the largest tribal communities in these regions.
- The Oraon people have a distinct culture, language, and traditional way of life.
- The Oraon tribe's cultural significance, resilience, and contributions to the cultural diversity of India make them an important part of the country's heritage.
- Special legislation such as the PESA Act, 1996; the Chota Nagpur Tenancy Act, 1908; and the Santhal Parganas Tenancy Act, 1876, recognise such customary practices in Jharkhand, which are protected under the Fifth Schedule of the Constitution.
- There also judicial precedents which recognise customary practices and authorise lower courts to make decisions on their basis.
- An Oraon who had married as per her community’s customary practices, had filed for divorce in the family court in 2021 on grounds of adultery
- The court said that since Oraon customary practices are not codified, it could not have jurisdiction over it
- However, when she approached the Jharkhand High Court, a Division Bench not only recognised the padha system of dispute resolution, but also directed the family court to decide the divorce matter as per the community’s customary practices
- There have been voices of concern in other regions as well. The sharpest protests against a UCC in the north-east emerged from Nagaland, Meghalaya, and Mizoram.
- Many tribal bodies have raised what they claim is the unconstitutionality of a UCC in the presence of protections enshrined in Articles 371A (special provision with respect to Nagaland) and 371G (special provision with respect to Mizoram) of the Constitution of India
- A UCC could also come in conflict with the Sixth Schedule of the Constitution (which facilitates the establishment of autonomous district councils in Assam, Meghalaya, Mizoram, and Tripura)
For Prelims: Oraon tribe, PVTG, UCC
For Mains: 1.Discuss the cultural diversity and socio-economic challenges faced by the tribal communities in India. What measures can be taken to address these challenges and promote their overall development? (GS Paper I - Indian Society)
2.Examine the role of tribal movements in India's struggle for independence. How did these movements contribute to shaping the tribal identity and aspirations in post-independence India? (GS Paper I - Modern Indian History) |