Tribal Justice System and Regular Justice System: Dilemma And Conflict

India is home to 698 recognised tribes constituting 8.61% of total population. Our constitution has all adequate provisions for protection and development providing equal opportunity to tribal community. Still after seventy years if independence tribal population in our country is vulnerable in matter of access to justice. Our Indian judiciary has not been able to penetrate tribal population trust to set uniform rule of law. The root cause of this problem of dichotomy in tribal justice system and regular justice system is failure of legislature to attempt codification of tribal customary laws. This has also resulted in extinction of many old traditional customary practices which could have brought more reform in tribal justice system. Presently most tribes practice and follow their own tribal justice system and they consider regular justice system as tardy, vexatious and costly affair. Recently in 2016,in Rajya Sabha  constituted a standing committee on issue titled,“synergy between Tribal Justice System and Regular Justice system” which is trying to study this duality of preference on matter of access to justice which is not a uniform practice and raise question on integrity of India. This paper aims to throw light on the present prevailing situation of duality and conflict where despite one judicial system two different   are being followed. This directly address the problem of access to justice   among tribe and explores the reason why regular justice system has not reached  to the door of tribal society who are also part and parcel of Indian soil. Further it is time to focus on the solution to this judicial exclusion which compels them to follow their old age customary practice of justice delivery which has corroded with passage of time and need to be tuned with present technology based society. How tribal community can access the main stream of uniform regular justice system is most important issue. As the judicial exclusion has also triggered anti government insurgency in naxal affected tribal areas  where people are not knowing  their own judicial system as well their rights which is independent .With all respect towards tribal customary practice of justice delivery our regular justice system can also be improved and this will also save many old good practices. The concept of justice delivery among the tribes can be brought in line with regular justice system removing evil practices dominating in the tribal system which requires brain straining research on the subject. This will not only build trust and security among the tribal fraternity but also save old age best practices among the tribes which is possible only by codifying them. This will surely bring tribal population in the main stream of justice delivery system and further resolve all issues of social, economic and personal rights of all tribes automatically. This will make more healthy and tribal friendly India adding to its cultural diversity and respecting human rights of all community.