State and territory are altogether different. The state has sovereignty, a territory, a judiciary and above all, physical force and the right to levy taxes. But, it must be stressed that the traditional panchayats of the tribals do not carry any elements of state and government.
However, these traditional panchayats have some legitimacy among the tribals. They control the behaviour of their members by maintaining strict law and order.
If the tribal panchayats are powerful, so are the caste panchayats. In a limited sense both exercise some power. They usually deal with matters pertaining to land disputes, marriage, and dissolution of marriage and the defiance of caste/tribe traditions. But, neither uses physical force, levies taxes, nor wages wars.
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These panchayats restrict their working to matters of social and cultural fields. For instance, among the Santhals, the head of the panchayat is called Manzi.
He is elected by the villagers. No village function can be performed in the absence of the Manzi. Similarly, among the Oraons, the panchayat head is called Perha, who deals with local disputes and conflicts regarding land.
He also settles disputes regarding marriages. Among the Todas of Nilgiri hills, the traditional panchayat consists of five elected members who are called Nairn and it decides all social disputes.
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In a society where there is a state, it is the legislature and parliament which make the law. In primitive societies, however, the traditional laws govern and control the behaviour of people.
Normally, the customary laws relate to social matters and civil society. Even today, the civil society takes care of these laws. In a plural society such as our own, there is always a possibility of conflict between customary laws and state laws. In fact, these days, the state and civil society have come into conflict over some areas of life.
It appears that the customary laws regulate the life of the ordinary tribal. The Gonds, Santhals and Chaudharas practise elopement. The traditional panchayat settles such cases in its customary manner. However, the laws of the state now are considered to be final.
Tribals, who are not satisfied with their customary laws, access to state codes. The difficulty with the customary law is that it is implemented through moral authority. It does not have any corporeal punishment, and this has weakened the traditional tribal panchayat.