New Delhi, Oct 26 The Supreme Court on Monday sought responses of the Tripura government and the Tripura Tribal Areas Autonomous District Council (TTAADC) on a PIL challenging constitutional validity of a provision of the 2017 customary law.
The plea challenged the validity of Section 143 of the Jamatia Customary Law Act, 2017 which addresses financial punishment for the enticement and rape of a woman. The clause allegedly allow accused in rape related cases to escape with financial penalties under the customary adjudication mechanism.
A bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana sought responses from the state government and the TTAADC on the plea filed by one Madhumita Bhattacharya.
The bench also tagged the petition with a pending matter.
The petitioner, filed through advocate Shoumendu Mukherji, has sought a direction declaring the provision ultra vires the Constitution.
The petition has also sought a direction seeking production and transmission of relevant records concerning the enactment of the 2017 law before the top court.
Under the provision under challenge, if a party feels aggrieved by the judgment or decision pronounced by the Okras (traditional Jamatia spiritual/community leaders or adjudicators), they are entitled to approach the appropriate formal forum.
The 2017 law was passed by the TTAADC under the Sixth Schedule of the Constitution to codify traditional customs and dispute-resolution mechanisms of the Jamatia community.
(PTI News)
