Buy CUSTOM OR USAGE HAVING FORCE OF LAW SERIES VOLUME-5 | Law Books , our publication, New Arrivals, A Social Legal Perspective

ABOUT THE BOOK

The gradual evolution and development of modern institutions, viz. social, religious and political has long since found a favorite subject for research and speculation. Due to the eagerness of knowing the real purpose and necessity of the phrase in Article 13(3)(a) "custom or usage having in the territory of India the force of law" under the Fundamental Rights Part of the Constitution of India, compelled to go to the root of the same. Though, there are countless customs and usages in the land among the thousands of castes, creed, groups and regions in practice which may be having force of law, but it is a life of the indigenous people, who are listed as Scheduled Tribes under the provisions of Article 342 of the Constitution of India, hence it is conceived that the customs and usages having in the territory of India the force of law, be studied. The necessity of this becomes all the greater and more relevant and urgent in view of many accretions that form themselves in course of time and gather around the fundamental principle, thereby, obliterating it completely from one's view and obstructing its fair and free play and working. But if it is once hold of, and rightly understood, the accretions that gather around, can easily be shaken off like those on the terminals of an electric battery. An omission to take this step both through ignorance, negligence or interested motives has been the fruitful source of a world evil and from time to time, led to serious political upheavals, upsetting the existing order of things and producing chaos, disorders and great human misery to the indigenous people, i.e. the Scheduled Tribes. This is in accordance with the well-known law of nature, which always helps the moral order of the universe to assert itself, whenever it is in danger of being choked to death or reduced to inactivity. The best government in the world is therefore, that which always keeps the fundamental principles in view, and maintains free and fair working at all costs, by shaking off the foreign accretions that gather around it.

There are over 750 Scheduled Tribes notified under Article 342 of the Constitution of India, spread over different States and Union Territories of the country. Many tribes are present in more than one State. This work on the abovementioned Constitutional phrase, in a series, is an Endeavour to reduce the serious injury to the indigenous people, i.e., Scheduled Tribes of the Nation, is planned to take details of Anthropo-legal aspects of the custom and usage of each and every tribes, who are under Scheduled Tribes Lists for different States and Union Territories, in seventeen volumes. The Volumes 1 to 4 for the Sates of Bihar and Jharkhand, the North-East Region/States of the country and Madhya Pradesh and Chhattisgarh, Odisha respectively are already published and overwhelmingly appreciated by the readers. This Volume 5 is in regard to the Scheduled Tribes of the States of Andhra Pradesh and Telangana to facilitate them in general as well as the lawyers, judiciary and executives for assessing any dispute arising out of the customs and usages of a particular tribe and in keeping their identity intact.

In this Volume describing and discussing the Custom or Usage having force of law in two parts, viz. PART A and PART B. In PART A the Description of the Tribes notified as Scheduled Tribes for the States are made in the First Chapter under following heads/ segments:- Identity, Family and social relations and Occupation and Succession. In identity the origin and genesis of the tribe is given alongwith the population in those State and their dense population in the different districts of the State as per the Census of India- 2011. Under family and social relation the clans are discussed alongwith the life-cycle rituals, viz., for childbirth, marriage, divorce and death alongwith their social relations with other communities and under occupation and succession, the economic aspects are discussed along with the family partition, succession and inheritance. In Second Chapter the Analysis of the Customs and Usages found in First Chapter is made. In PART B of the text the essential Appendixes are attached for the benefits of the readers.