Can Custom and Law Co-Exist? A Study of Conflict and Contradiction

Abstract

A central puzzle in jurisprudence has been the study of custom in law and its complexities. The question of custom and law has been in academic discussion for a very long time. It has become a contested study today and will become more complex in any society where there is diversity in culture and social values. The study is therefore aimed at looking at the customary laws and the conflict with the Indian constitutional provisions. Few case studies are selected to explore the growing tension between custom and law.