The impact of customary indigenous law of primogeniture on human rights a study of Bodh tribe in Spiti Himachal Pradesh

Abstract

This study examines how the customary indigenous law of primogeniture impacts human rights of the Bodh Tribe in Spiti, Himachal Pradesh. The custom of primogeniture, which grants inheritance solely to the eldest son, excludes younger siblings and women, reinforcing social and economic inequalities as laid down in Wajib-ul-Arj and Rewaj-i-Am. The study reveals how these customary norms conflict with constitutional protections and international human rights instruments. The research also reflects upon emerging changes influenced by education, tourism, and inter-community interactions. It advocates for reforms through legal intervention, gender-inclusive inheritance policies, and educational initiatives among Bodh Tribe. Finally, addressing the challenges of primogeniture requires a comprehensive human rights-based approach that involves community engagement, targeted legal reforms, effective enforcement, educational initiatives and ongoing evaluation. By balancing the preservation of cultural heritage and respect for fundamental freedoms and human rights of Bodh Tribe, it is possible to create a more equitable and gender just system of inheritance through a legal framework that respects constitutional principles while adapting to the evolving needs of community thereby rooting out the exploitative practice of primogeniture in succession in Spiti. newline