Agartala: The Supreme Court has sought responses from Tripura govt and the Tripura Tribal Areas Autonomous District Council (ADC) on a public interest petition challenging Section 143 of the Jamatia Customary Laws Act, 2017, which deals with penalties for enticement and rape.A bench led by Chief Justice Surya Kant, comprising Justices Joymalya Bagchi and V Mohana, issued notices on Monday on a petition filed by advocate Madhumita Bhattacharya. The plea challenges the provision’s compatibility with constitutional safeguards and India’s criminal justice system.Represented by advocate Shoumendu Mukherji, the petitioner has sought a declaration that Section 143 is unconstitutional and should be struck down, and has also asked for documents relating to the law’s enactment to be produced for scrutiny by the Supreme Court.According to the petition, Section 143, titled “Punishment for enticement and rape of woman,” could permit financial penalties to be imposed in rape cases when read with other provisions on penalties and fines. It also provides for adjudication of such offences through customary hearings.The ADC enacted the law in 2017 under the Sixth Schedule of the Constitution to codify the Jamatia community’s customs, social norms and dispute-resolution practices. Under this framework, traditional spiritual and community leaders known as Okras hear cases, with an option to approach a formal court if dissatisfied with a ruling.The petition questions whether the district council had the authority to enact the contested provision and whether its application aligns with constitutional protections and India’s criminal justice system. It argues that recognition of customary practices does not empower an autonomous body to replace laws governing serious criminal offences.
