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VOL. 10, ISSUE 2 (2025)
The interface between traditional customary law and modern legal systems in India
Authors
Manvendra Rajpurohit
Abstract

The relationship between traditional customary law and contemporary legal systems in India exemplifies the country's diverse legal heritage, where various personal laws and indigenous practices exist alongside a cohesive statutory framework. Customary law, which is deeply rooted in community traditions and social norms, continues to play a significant role in areas such as marriage, inheritance, property rights, and dispute resolution, especially among tribal and rural communities. Nevertheless, the modern legal system—anchored in the constitution, codified statutes and judicial precedents—frequently questions the legitimacy and relevance of these customs, particularly when they clash with fundamental rights, gender equality, and principles of social justice. Indian courts have acknowledged the validity of customary laws only if they are ancient, reasonable, and do not contradict statutory or constitutional provisions.

This dynamic interaction raises intricate issues regarding legal pluralism, cultural preservation, and the necessity for reform. The coexistence of these legal frameworks demands a careful approach that honors cultural diversity while promoting uniformity, fairness, and human rights. This paper delves into the historical development, judicial interpretation, and current significance of customary laws in India, evaluating the possibilities for harmonization and reform within the larger legal context.
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Pages:24-27
How to cite this article:
Manvendra Rajpurohit "The interface between traditional customary law and modern legal systems in India". International Journal of Advanced Research and Development, Vol 10, Issue 2, 2025, Pages 24-27
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