Why in news?
A recent marriage in Himachal Pradesh’s Sirmaur district, where a woman wed two brothers from the Hatti community, rekindled public discussion about the tribe’s traditional practice of polyandry. The case highlighted how customary law and modern statutes intersect in India.
Who are the Hattis?
- The Hattis are a Scheduled Tribe recognised in Himachal Pradesh and found in the Trans‑Giri region and Jaunsar Bawar area of Uttarakhand.
- They derive their name from haats—weekly rural markets where they historically sold produce, wool and meat.
- The tribe inhabits hilly terrain between the Giri and Tons rivers, with communities spread across Sirmaur and Dehradun districts.
- Social life is governed by a traditional council called the Khumbli, which settles disputes and enforces customs.
Polyandry in the Hatti community
- Customary practice: Known locally as Jodidara or Jajda, polyandry involves a woman marrying two or more men, usually brothers (fraternal) but sometimes unrelated (non‑fraternal).
- Rituals: The marriage includes a “Seenj” ceremony held at the groom’s house and communal celebrations.
Why polyandry persists
- Preservation of land: Joint marriage prevents division of small agricultural holdings across generations.
- Family security: Multiple husbands share farm labour and protect livestock in isolated mountain areas.
- Economic efficiency: Shared resources and labour reduce hardship in a harsh environment.
- Strengthening bonds: The practice fosters brotherhood and solidarity among male siblings and half‑siblings.
Legal status
- Polyandry is not recognised under the Hindu Marriage Act 1955, Special Marriage Act or the Bharatiya Nyaya Sanhita, which criminalise bigamy.
- However, Scheduled Tribes are generally exempt from these statutes unless the Central Government notifies otherwise. Courts may recognise customary practices if they are ancient, reasonable and not against public policy.
- Section 13 of the Indian Evidence Act allows proof of customs in civil matters, giving space for traditional norms in certain contexts.
The debate over polyandry in the Hatti tribe reflects broader tensions between cultural autonomy and uniform civil laws. Understanding the socio‑economic reasons behind such customs helps in crafting sensitive and inclusive policies.