IJ
IJCRM
International Journal of Contemporary Research in Multidisciplinary
ISSN: 2583-7397
Open Access • Peer Reviewed
Impact Factor: 5.67

International Journal of Contemporary Research In Multidisciplinary, 2025;4(6):553-556

Indigenous Self-Determination and Human Rights Protection Through Customary Law: A Legal Analysis of The Karbi Scheduled Tribe Under Constitutional and International Frameworks

Author Name: Dr. Chitta Ranjan Boruah;  

1. Lawyer, Gauhati High Court, Assam, India

Abstract

Indigenous peoples’ right to self-determination occupies a central position in contemporary constitutional and international human-rights discourse. In India, the constitutional recognition of tribal autonomy—particularly through the Sixth Schedule—represents a distinctive model of internal self-determination, grounded in customary governance rather than secessionist sovereignty.

This paper examines how Karbi customary law operates as a normative system of self-governance and human-rights protection among the Karbi Scheduled Tribe of Karbi Anglong, Assam. It situates Karbi customary institutions within the Indian constitutional framework, analyses judicial engagement with customary law, and evaluates international human-rights standards—especially the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).

The study critically explores areas of convergence and tension between customary norms and constitutional guarantees, with particular attention to land rights, political participation, cultural identity, and gender equality. It argues that Karbi customary law embodies an ethical philosophy of harmony with nature, collective responsibility, and restorative justice, which aligns substantially with modern human-rights values. The paper concludes by proposing normative and institutional reforms to harmonize customary law with constitutional and international standards while preserving Indigenous self-determination.

Keywords

Indigenous peoples, customary law, Karbi tribe, Sixth Schedule, self-determination, human rights, UNDRIP