The Nilgiris district of Tamil Nadu has a substantial tribal population. Tribal communities in the region include the Todas, Kotas, Irulas, Paniyas, Kattunayakas, and Kurumbas, each with distinct practices, cultures, and ceremonies. Tribal people practise customs that “civilised” society finds difficult to accept. Child marriage, for instance, is common in some of these communities. There are ceremonies attached to each practice, sanctified by religion. Due to the conflict between some of these traditional practices and the law of the land, tribal people often unwittingly end up in jail.
Customs and laws
The Protection of Children from Sexual Offences (POCSO) Act is a landmark legislation, enacted in 2012, to protect children from sexual offences. One provision in the law mandates hospitals to report to the jurisdictional police station when girls below 18 years of age are admitted for delivery. On receipt of such reports, police authorities are mandated to register an FIR against the person responsible for the pregnancy. This provision clearly intends to punish males who have forced sexual intercourse with girls below 18 years of age. However, the law fails to make room for consensual relationships or validated marriages in some communities. Most tribal people do not keep records of their date of birth. Most of them marry when they come of age and usually have children before they reach the legal age of marriage. As a result, tribal boys are arrested and prosecuted.
