Educationist, legal luminary, author and social activist; Dr Jeuti Barooah — newly-apointed director of the Department of Customary and Tribal law at the Central University of Jharkhand (CUJ), and former director of the National law Research Institute (NlRI), Guwahati High Court—wears all these hats with equal aplomb and ease.
A post-graduate in anthropology from Guwahati University, she went on to complete her llB and forayed into legal research, despite losing her husband at the age of 25, and a five-month old son to care for. Starting as a research assistant at the NlRI, she simultaneously earned her Ph.D from Dibrugarh University, and through sheer hard work rose to become the Director of the NlRI. She has also been a legal consultant for UNICEF Assam and is a former member of the National Commission for Women’s (NCW) expert committee on North-East. An authority on customary laws, land laws and socio-legal issues of women and children, Dr. Barooah spoke to The Pioneer on her CUJ assignment and other social issues.
What is your vision for this new courseIJ
This area has unlimited scope for study. Knowledge of these laws will be an important education for students, and will sensitise them to various sub-heads of tribal custom, so that these future administrators can do something for their welfare. Since fieldwork is integral for any understanding and authentication of tribal laws, especially those relating to marriage, inheritance, succession, landownership, justice, etc.; it will be given lot of importance for both students and faculty members. We also hope to educate current administrators about customary laws so that the tribal people’s innocence and simplicity is undisturbed by government policy; and tribal heads about constitutional provisions beneficial to them.
You have researched and compiled the customary laws of 50 tribes of the NE. Any such plans for the tribes of JharkhandIJ
Yes. Through this course in CUJ I hope to compile all the varied aspects of the 32 tribes and their customary laws and practices into a comprehensive document. This will act as a database for future scholars and also to avert any future identity crisis among tribes vis a vis their customs.
Many tribals of Jharkhand moved to Assam’s tea gardens years ago, and are now called ‘tea-tribes’. Will they be part of the study at CUJIJ Of course. We will focus on all aspect of tribal life, and migration is an important aspect of that. Tracing their roots, causes of migration to the tea gardens and the impact of this change of location on customary practices is important.
What is the relevance of tribal customary laws in modern jurisprudence and legal practiceIJ
Tribals know only their customary laws and their society is moulded by it. Understanding this can help in motivating them to accept constitutional law and governance; and also help lawmakers and administrators to blend some of these customs into normal administrative practice. Conversely, tribal leaders with knowledge of legal benefits can incorporate them into their customary practices. It is a gradual and time-consuming process of reform, while preserving the sanctity of customary law.
Your views on Jharkhand as a field of socio-legal researchIJ
The state is a virgin territory in this field and so there are immense possibilities of study and exploration. In fact, this is one of the main attractions as well as challenge in my current assignment. It is a good chance to study the tribal and non-tribal society here first-hand.
Have your own past experiences shaped your approach to women and children’s issuesIJ
Certainly my personal experiences and the projects I have worked on so far have greatly influenced my work and approach to various issues, especially with the NCW and UNICEF. My experiences have taught me to value life and believe in myself. Women are not weak; they are just unaware of their inner strength and metier. My focus has been to protect and preserve the human rights of women and children, especially in tribal society, by unleashing their inner spirit.
Will the new law on violence against women be an effective deterrentIJ
Ignorance of available legal recourse leads to women being exploited. Framing a law is easy, but implementation is the real, difficult test. Women have to be made aware of the constitutional and legal provisions framed for them—it would be more beneficial if we could do so in their mother tongues. I hope to constitute a team of students and faculty for this at some point.
Witch hunting, child trafficking and child marriage are major issues in Jharkhand too, like Assam. Your viewsIJ
My last project in Assam was on child rights and I hope to extend it here as well once I have understood it thoroughly. Already, I am studying these issues in Jharkhand and have enquired about their extent and current situation. In fact, this commonality of issues and similarity of problems was one of the reasons I took up this task. I hope to study the society here and replicate my work in Assam through this assignment. One aspect especially close to my heart is formulating Standard Operating Procedures in child trafficking cases for police officers at thana level. I have done so in Assamese for Assam Police, and hope to bring it here as well.
Ignorance is the root of all crimes against women. If you don’t know the law against witch-hunting, how do you use itIJ Officials and NGOs working in this field need to be briefed periodically so they take new approaches to creating awareness. Civil society needs to be sensitized and this will come only from education and development.