Navigating Legal Pluralism

The Dual Justice Systems and Conflicts Between the Traditional and Modern Courts in Meghalaya’s Khasi Hills

Abstract

In the mist-laden hills of Meghalaya, the Khasi Hills embody a complex legal landscape where traditional justice systems coexist with modern legal frameworks. Each village hosts its own court, deeply rooted in the customs and traditions of the Khasi people, serving as a primary mechanism for conflict resolution and social governance. These traditional courts emphasize community participation, restorative justice, and the preservation of social harmony. Recognized under the Indian Constitution and empowered by the Khasi Hills Autonomous District Council (KHADC), they operate within the framework of the Sixth Schedule, allowing adjudication based on customary principles while highlighting the necessity of protecting tribal rights. Despite this legal recognition, tribal communities continue to face numerous challenges that necessitate enhanced legal protection. Historical precedents, such as Kulendra Kumar Dey v. Union Territory of Arunachal Pradesh [1] and Rami Reddy v. State of A.P.[2] , emphasize the need for safeguarding tribals from social injustices and economic exploitation, reflected in constitutional provisions like Articles 15(4) and 46. The Khasi Hills illustrate the dichotomy between traditional justice, characterized by its community-oriented approach, and modern legal systems focused on codified laws and procedural justice. This paper examines the interplay between these distinct legal paradigms, with a focus on the disparities in their application between rural and urban contexts, thereby raising critical issues of access to justice, cultural integrity, and legal uniformity. Ultimately, the study seeks to address the conflicts and confusions arising from this coexistence, aiming to foster a more coherent and effective justice system within the Khasi Hills.

[1] 1983 (1) GLR 23.

[2] 1988 Supp SCC 626.