Was it Bajaj watching..... - Page 3

Originally posted by: arshi_asya

Social marriages was the norm of old societies. Societies were small, so relatives, neighbors testimony held true then including testimony of the person in concern. Some societies only considered the testimony from people involved. For ex. If a wife goes on to complain of cheating in old societies, then wife's words would be believed first & if investigstion is launched then society in which she lived or prominent person from those societies would be asked to testify for her & that would be considered valid. Normally, priests would keep a record of marriage they conducted which would hold true legally since they were revered by everyone. Then there could be some token to prove that marriage happened indeed. Frauds were less since small societies used to be little moralistic on their own.

Modern legal system came much later. And all this has become complex because of societies which have become complex on a whole.

There are still tribal societies who don'y have marriage system but their rules are based around families who live together with their children.

Sorry I’m asking so many questions. These tribal societies that you have mentioned are those marriages considered legal as per the Indian law?

Originally posted by: Cute_Virgo

Sorry I’m asking so many questions. These tribal societies that you have mentioned are those marriages considered legal as per the Indian law?

Tribal societies have their own laws which are guaranteed protection by the constitution. These laws are often applicable to their own tribes in certain areas only. Since these societies are small & chose to remain isolated from mainstream societies, Indian laws don't feel the need to interfere. Neither do these tribal people approach Indian courts for their grievances settlement. They have their own local systems for civil dispute settlement. As long as there is no problem raised by citizens in trouble, courts generally don't take suo moto cases (means cases on their own are not picked by courts unless a party approaches the court). Suo moto happens rarely.

So yes, these marriages will be considered legal if those socities certify it with their own techniques but those societies generally have their own systems which central laws recognize, so, Indian laws don't feel the need to handle their grievances.

For example, North Sentinalese, Jarawa don't like any outsider to interefere in their lands not even the govt. They kill if anyone tries to do it. They have completely different laws & govt can't try them for any crime even though they are legally part of Indian territory.

However, if any tribal person joins the govt job or mainstream society, then they will have to follow the Indian laws for example, a bureaucrat from Tribal populace will have to abide to govt rules in every aspect of his life & not those of his tribe.

India is a very heterogenous society so laws have to provide large scope to be inclusive to all sensibilities.