Q3(b) · UPSC Civil Services Mains 2021 · Anthropology GS 2 · 15 marks · 1 min read

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Examine the contributions of S. C. Roy in highlighting the role of customary laws in tribal life

Topic: Evolution of the Indian Culture and Civilization. Syllabus: 1.1 Evolution of the Indian Culture and Civilization—Prehistoric (Palaeolithic, Mesolithic, Neolithic and Neolithic-Chalcolithic), Protohistoric (Indus Civilization). Pre-Harappan, Harappan and post-Harappan cultures. Contributions of the tribal cultures to Indian civilization. Same official PYQ from year-wise 2021 and Evolution of the Indian Culture and Civilization.

Revision summary

Roy treated tribal custom as real law, not as leftover culture. Mundas and Oraons used clan and village councils as courts. Land custom blocked free sale to outsiders. Colonial title created a dual legal world. His file feeds later Schedule and PESA claims of self-rule.

Model answer

Copper italics in this answer — like this — are the key facts. Each one is unpacked in the Facts & figures rail.

Introduction

S. C. Roy treated customary law as the living constitution of tribal society, especially among Mundas and Oraons of Chotanagpur. It was kinship, land, and council, not a footnote to the Indian Penal Code.

Body

Custom as law

  • Roy’s monographs on the Mundas and Oraons recorded clan, village, and parha or panchayat as courts of first instance.
  • Land was a community and lineage trust. Custom barred free alienation to outsiders, which colonial landlords and later courts often overran.
  • Offence was against clan purity, grove, and village peace. Sanction was fine, feast, outcasting, and sometimes ordeal, not only jail.

Political reading

  • He showed that British courts and zamindari titles created a dual system: custom for insiders, deed law for the dispossessor.
  • Munda uli-hatu and Oraon village offices were government, not folklore. Later Wilkinson’s Rules and Chotanagpur tenancy echoes sit on that file.
  • Roy wrote as a lawyer-ethnographer. Customary law was evidence for tribal self-rule, a seed of later Fifth Schedule and PESA arguments.

Limit

  • He worked a century ago. Mission, mining, and statutory panchayats have layered new forums on the old council.
  • Custom was not always gentle to women and juniors. Recording it is not the same as freezing it.

Flow diagram

flowchart TD
  R[S. C. Roy] --> M[Munda Oraon custom]
  M --> L[Lineage land]
  M --> C[Village parha council]
  S[Colonial court zamindari] --> X[Dual law]

Conclusion

Roy made customary law the core of Munda and Oraon political society. Land, clan, and council were the code. State courts were the disruption, not the original law.

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