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<p>The interaction between traditional practices, state law, and land conflicts within the Bodo community of Assam has been examined in this paper and how ‘traditional restorative system’ of Conflict Resolution (ICR) contributes to cultural resilience. The Bodo conflict and cultural resilience presents a ‘Binary’ model. One is chronic and pervasive (having a long history) in nature associated with autonomy, liberation, and revolution. The second is transient, episodic (of short duration) conflict arising within the village, which is centered on natural resources and property at the village level. The Bodo tribe has a historical experience of staying in the margins of the existing political and territorial structure of the state of Assam, dealing with the migration of the non-tribal due to immigration from neighboring Bangladesh, fractional division of into different religious sects, and taking recourse to an organized, often armed assertion of themselves as a separate ‘nation.’ The paper argues that the Binary Model of Cultural Resilience, ‘spiritual mitigation path’ and ‘socio-legal mitigation path’ counters local conflicts and its prospect for legal pluralism. This discussion is positioned within the framework of the Sixth Schedule of the Indian Constitution and sheds light on the perceptions of conflict in the BTAD area and the ethnocentric urges, which are resolved at the village (Micro Level) through the <i>Gaon Sangskar Samity</i> and with strategies such as Ritual Reconciliation, Ordeal and Oath. The Sixth Schedule of the Constitution legitimizes tribal self-government and customary law, which reinforces the transformative role of traditional restorative justice, however the way forward requires establishing legal pluralism by bridging the customary-modern divide. This is due to the need to address structural shortcomings, such as gendered weaknesses, inconsistency of ethnic autonomy and alike, that continues to persist. Combating of ethnic conflict requires broader strategies, integrating tribal law with modern legal frameworks in multiethnic territories.</p>

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Land and Cultural Resilience among the Bodo Community of Assam: Indigenous Conflict Resolution and Ethnic Assertion in Sixth Schedule Territories

  • 期刊论文

  • 发表日期：

    2026年3月30日

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  • Jyotishman Taye

摘要

The interaction between traditional practices, state law, and land conflicts within the Bodo community of Assam has been examined in this paper and how ‘traditional restorative system’ of Conflict Resolution (ICR) contributes to cultural resilience. The Bodo conflict and cultural resilience presents a ‘Binary’ model. One is chronic and pervasive (having a long history) in nature associated with autonomy, liberation, and revolution. The second is transient, episodic (of short duration) conflict arising within the village, which is centered on natural resources and property at the village level. The Bodo tribe has a historical experience of staying in the margins of the existing political and territorial structure of the state of Assam, dealing with the migration of the non-tribal due to immigration from neighboring Bangladesh, fractional division of into different religious sects, and taking recourse to an organized, often armed assertion of themselves as a separate ‘nation.’ The paper argues that the Binary Model of Cultural Resilience, ‘spiritual mitigation path’ and ‘socio-legal mitigation path’ counters local conflicts and its prospect for legal pluralism. This discussion is positioned within the framework of the Sixth Schedule of the Indian Constitution and sheds light on the perceptions of conflict in the BTAD area and the ethnocentric urges, which are resolved at the village (Micro Level) through the Gaon Sangskar Samity and with strategies such as Ritual Reconciliation, Ordeal and Oath. The Sixth Schedule of the Constitution legitimizes tribal self-government and customary law, which reinforces the transformative role of traditional restorative justice, however the way forward requires establishing legal pluralism by bridging the customary-modern divide. This is due to the need to address structural shortcomings, such as gendered weaknesses, inconsistency of ethnic autonomy and alike, that continues to persist. Combating of ethnic conflict requires broader strategies, integrating tribal law with modern legal frameworks in multiethnic territories.