Why in News?

• A woman in the Sirmaur district of Himachal Pradesh married two Hatti brothers, reigniting legal and public discussion about the tribe’s long-standing polyandry practice known as Jajda or Jodidara.

Concerning the Hatti Tribe:

The Hattis: Who Are They?
• The Trans-Giri region and Jaunsar Bawar in Uttarakhand are home to the Hattis, a Scheduled Tribe (ST) recognised in Himachal Pradesh.
• Their historical function as vendors in haats (rural markets) where they offered local meat, wool, and produce is where they got their name.

Polyandry: What is it?
• One woman marrying more than one man is known as polyandry.
• It comes in two primary varieties:

• Fraternal (Adelphic): Every husband is a brother.

• Non-Fraternal: Husbands share women on a rotating basis and are not related.

Geography and Habitat:
• Live in hilly areas between the Yamuna River’s two tributaries: the Giri and Tonnes rivers.
• Dispersed throughout the districts of Dehradun (Uttarakhand) and Sirmaur (Himachal Pradesh).
• Historically associated with British colonial expansion after 1814 and the Sirmaur princely estate.

Social and Cultural Aspects:
• Traditional Attire: On ceremonial occasions, Hatti men don white headdresses.
• Community Governance: Run by the Khumbli, a traditional council that settles conflicts and customs.
• Marriage Customs: Renowned for their robust kinship networks, polyandrous customs, and communal festivities.
• In Uttarakhand and Himachal Pradesh, Hattis frequently marry outside their clan.

The Hatti Tribe’s Polyandry:
• The custom of two or more brothers marrying a single woman is known locally as “Jodidara” or “Jajda.”
• The “Seenj” ceremony at the groom’s home is part of the ritual.

Causes of Polyandry:
• Preservation of Land: Prevents agricultural holdings from being divided.
• Family Security: Provides labour for farming and security in remote areas.
• Economic Efficiency: Encourages group management of dispersed fields and livestock.
• Encourages Brotherhood: Even between half-siblings, it fortifies the ties that bind the family together.

Indian Law and Polyandry: The Overall Legal Framework:
• According to the Hindu Marriage Act of 1955, polyandry is illegal.
• Bharatiya Nyaya Sanhita (BNS) Section 82, Special Marriage Act: Bigamy is punishable.
• Scheduled Tribes are exempt from the Hindu Marriage Act unless the Central Government notifies them.
• Customs may have legal standing if they are old, reasonable, and do not violate public policy.
• In civil cases, proof of customs is permitted under Section 13 of the Indian Evidence Act.