In Himachal, a tribal woman marries two brothers: What Indian law says about polyandry

Dressed in a bright pink lehenga, Sunita Chauhan could have been just another happy bride on her big day. But her wedding photo went viral for a reason. Chauhan was posing with not one but two husbands.

The men in question – Kapil and Pradeep Negi – posed with Chauhan in the middle, beaming at the camera. Both brothers and the woman married in an age-old tradition of ‘Jodidaran’. This polyandrous tradition has sparked debate, and many are questioning the legal sanctity of this marriage.

But this marriage is not the first such incident in the Hatti tribe. An Indian Express report said that the tribe has seen five similar weddings in the last six years.

So, what does the law of the land say? Well, it's not that simple. To start with, Indian laws give no legal sanctity to any kind of polygamous and polyandrous relationships under the Hindu Marriage Act, 1955, and the Special Marriage Act. In fact, such relationships are criminalised under the Bhartiya Nyay Sanhita.

Despite the personal laws governing marriages and other marital rights, there is a space for customary laws under the Scheduled Tribes.

And this is where things get interesting. In 2022, the Hatti tribe was granted ST status by the Centre. Sonali Chauhan and the Negi brothers are from this tribe, the IE report adds.

Of late, several rulings by the Supreme Court and lower courts have seen traditions and age-old customs prevailing in the ST communities as part of the rights to dignity and equality, liberty, and life as enshrined under the Constitution of India, the report further said.

In a 2018 case related to tribal women’s succession rights, the top court had said that “customs too, like the law, cannot remain stuck in time and others cannot be allowed to take refuge in customs or hide behind them to deprive others of their right.”