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Customary Practices of the Tribals in Manipur
By Ninglu
Introduction:
Customary law has been considered to be one of the important parts of the study of tribal society. The awareness of the need of studying tribal customary laws is also growing with the realization of our pluralism in the present society. In fact, the maintenance of tribal solidarity and tribal identity cannot be overlooked for which understanding the tribal culture has now been encouraged.
Customary practices are based on common consciousness and they are voluntary in nature and their applicability depends on spontaneous reverence by the members of the society. In other words, a custom is defined as socially sanctioned behavior of the members of a particular society which has been transmitted from generation to generation. Custom includes moral, legal, religious and other aspects of the custom through which a society in controlled. The body of norms, customs, taboos, traditions, values and moral standards regulate the relationship among the individuals in all the societies. Customary practices are therefore, vital in regulating a society and they undergo changes in the changed situations. Changes happen in order to cope with the new situation. This paper, though not exhaustive, attempts to examine some of the common customary practices of the tribal groups in Manipur.
There are 29 recognized tribes in Manipur under the constitution of India. The officially recognized tribes are - Aimol, Anal, Angami, Chiru, Chothe, Gangte, Hmar, Kabui, Kacha Naga, Koirao/Thangal, Koireng, Kom, Lamkang, Lushai (Mizo), Maram, Maring, Mao, Monsang, Moyon, Paite, Purum, Ralte, Salte, Sema, Simte, Tangkhul, Thadou, Vaiphei and Zou.
Among these recognized tribes Kabui comprises two sub-tribes Rongmei and Puimei (Inpui) and Kacha Naga is a misnomer of Zeme and Liangmai tribes. These four kindred tribes are now collectively identified as Zeliangrong. In the same way, Memai and Poumai were clubbed together and recognized as Mao. Assertion for separate identity has also been held by other communities too in Manipur. The Mate of Chin-Kuki-Mizo group and Khoibu of the Maring tribe are the examples of recent development. These tribes can be broadly categorized into two groups - Naga group of tribes and Chin-Kuki-Mizo group of tribes. Naga group of tribes consist of Kabui (Rongmei and Puimei), Kacha Naga (Liangmai and Zeme) i.e. the Zeliangrongs, Mao, Poumai, Maram, Tangkhul, Maring, etc. Chin-Kuki-Mizo group of tribes consist of the Thadou (Kuki), Gangte, Hmar, Lushai (Mizo), Paite, Simte, Vaiphei, Zou, etc. The tribes belonging to Aimol, Chiru, Koireng, Kom and Purum are now collectively known as Komrem.
Each tribe has its own customary laws and there are local variations even within the same tribe. As such, it is difficult to deal with the customary laws of all tribes without a micro-level study of every tribe. Nonetheless, there are common practices of all the tribal people and there are customs of every tribe which are similar to those of other tribes. Customary practices may be studied in different aspects from different angles. Generally customary laws or practices are more applicable but sometimes controversial in respects of land ownership and land use system, the chieftainship and village administration; clan system; succession and inheritance; marriage and divorce; crimes and administration of justice etc. The customary laws/practices of the tribals relating to the different aspects may be studied in a nutshell citing examples of certain tribes as follows.
Land Ownership and Land use system:
Tribal people in Manipur mainly practice jhum cultivation as they line in hilly areas. Wet-paddy cultivation is also done on river banks and terrace farming, though negligible in area is also seen in the tribal areas. Rice is the main crop of agriculture for the tribals. Other necessary vegetables are also grown in the jhuming fields. Land is also used by the villagers for hunting in the forest, and to collect domestic materials, etc. The hill people usually dwell on the top of the hill. This practice is common to all the tribes of Manipur.
There are certain differences of land ownership system among the tribes of Manipur. For the Chin-Kuki-Mizo group of tribes particularly the Thadou Kuki, the village chief called Haosapa is the authority over the village land. He is the village chief as well as the owner of the village land who receives Changseo which is a measure of paddy offered to the chief annually for the individual right of cultivation on the village land and a one-day free labor of one person of every household per annum called Khotha. Moreover, a tribute is paid to the village chief by any villager whenever animal is killed in hunting and even when a villager sells animals like buffalo, cow, etc. Therefore, in the Kuki-Chin-Mizo society, the ownership right over land is vested in the hands of the chief of the village (D.P. Haokip - Customary laws of the Thadou Kukis). On the other hand, among the Naga tribes, the system of community land ownership is prevalent in the sense that the village land may be owned by a person other than village chief/head and in some cases number of persons or clans owned definite area of land and the village. In some Naga villages, the entire area of the village land may belong to the village chief. There is local variation of land ownership system among the Naga tribes and also some of other tribal groups.
There are some villages among the Zeliangrongs where the land owner receives rent or tribute annually from the cultivators/tillers within the village whereas in some villages, land is utilized for any purpose by any bonafide villager without any payment made to the land owners. It is said that in a Tangkhul village, woodland and cultivable lands are proportionately divided/distributed amongst the clans or colonies and from clans among the households (Y K Shimray - Customary Laws of the Tangkhul Tribe). This system of ownership is also followed in some recently established Zeliangrong villagers. In short, in almost all the Naga villages including those of Komrem, land can be broadly divided into two types of ownership - Individually owned land (for plot, cultivation etc) and community land/common land of the village. Detailed illustration could not be made in this paper.
Chieftainship and Village Council:
Traditionally, the office of the chieftainship in
a Kuki village is called Haosapa who is assisted by
a council of ministers, the representatives of all the clans called Semang Upa or Pachong. This council of the Kuki village resembles the village council of the Naga tribes. However, the Chief of a Kuki village is the overall authority
over the villagers. Village administration is, therefore, in the hands of the village chiefs among the Kuki-Chin group of tribes.
On the other hand, republican type of village polity exists among the Nagas where village administration is run by the village council constituted by the elderly
representatives of the clans or households in the village. The village council performs both administrative and judicial functions. Usually, the eldest son or any responsible person of the family represents
the village council. (Ninglu Panmei; Tribal Customary Laws & Women in Manipur). Yet, monarchical system of chieftainship is not absent among the Naga tribes - e.g. the Mao, the Zeliangrongs etc. Among the Zeliangrongs, the first settler of the village automatically become the head/chief of the village called Nampou i.e. the village chief is only a nominal head in the village but headed the village court called Pei by the Zeliangrongs while the administrative powers lie in the hands of the village council headed by Khullak/Chairman elected by the villagers. Despite the presence of democratic elements, there will be a village chief called as Awunga by the Tangkhuls in every Naga Village.
Clan System and Inheritance:
Tribal society in Manipur is a patriarchal society. Clan is composed of a number of families with the common ancestors under the patriarchal control. The system of the clan is common to both the Naga and non-Naga group of tribes. It is also common to the Naga villagers that there exist two or more clans or sub-clans in a village. The theory of the origin of clan may vary from one community to the other and even within the same community. For example, the formation of clan in Zeliangrong society is based on the tradition of the tribe's origin. Tradition says that originally there were only two clans - Panmei and Niumei at the time when these people originated.
There are now, more than ten clans or sub-clans among the Zeliangrongs which are branches of the original two clans. This theory of two-moiety system where marriage is possible between these two original or parent clans is not accepted by some of the Zeliangrongs in most of the villages. Interestingly, there are corresponding clans and sub-clans among the four sub-tribes of
Zeliangrong-Zome, Liangmai, Rongmei and Puimei. Family is the close-knit and small unit which constitutes clan in the tribal society. The heirship right is enjoyed by men only among the tribals in Manipur.
As per the customary law of succession, the eldest son of the family is the next responsible person after the father. The right of inheritance to women is very limited or almost nil in all the tribes in Manipur. Even though the succession of clan's headmanship of different tribes in Manipur is always traced through the eldest surviving son, yet, it is the culture of the Naga tribes that the youngest son inherits the house and looks after their old parents. In spite of such responsibility, the youngest son among the Maos is said to have lesser share of immovable properties - paddy fields, farms, woodland, etc - while the eldest son gets a larger share of such assets (Mrs. Apinao Muiva - Mao customary Laws & Women). On the other hand, among the Vaipheis, the properties of parents belong to the eldest son who can distribute the same to his younger brothers.
Yet, to some other tribes like Mizo, Hmar and the Zeliangrongs, inheritance of the family property (movable & immovable) is ordinarily enjoyed by the youngest son. However, it depends on the will of the dying father. There is a convention among the Poumai, Zeliangrong, Komrem and the alike tribes that inheritance right may be gifted to anyone who attended and looked after the dying parents.
Marriage and Divorce:
Marriage among the tribals is an institution for perpetuation of the society and culture. It also facilitates the procurement of additional helping hand for pursuing the family economy. Traditionally there are different forms of marriage known in different way by different tribes. Socially approved marriage is for example, called Dawn Puanphah by the Mizos and engaged marriage called Khaemthan is the best form of marriage for the Rongmeis. There are other kinds of marriage which are not encouraged in the tribal society-say marriage by elopement, forced marriage or marriage by kidnapping. Marriage between two closely related persons is an incest and taboo in the tribal society. As per the custom, marriage within the same clan is not allowed in Zeliangrong society. Polygamy is very rare and polyandry is not know in tribal
society.
Traditionally, bride price is common to almost all the tribes in Manipur. The amount/rate of the bride price varies from the tribe to tribe and village to village. Bride price is usually negotiated during bethrothment. In those days, bride price consists of mithun, cow, paddy, ornaments, domestic items, traditional shawls, etc. These items and the number of items differ from locality to locality. Even though women cannot inherit her parents’ property, there is a tradition among the tribes that the parents can give any property (movable or immovable) to the daughter at the time of her marriage. Such
gift or presentation is not compulsory but it depends on the social and economic status of her family.
Divorce is not allowed under ordinary circumstances in the tribal society. However, in exceptional cases both husband and wife can seek for divorce. The initiator of the divorce forfeits the bride price/gifts, received at the time of marriage. This custom is common to the Naga tribes. Fine in cash or the kind is imposed upon a person who fails to justify and prove the cause on which she seeks divorce. The most common cause of divorce is adultery and sometimes if a woman does not bear any child, divorce is sought in traditional tribal society. It is said according to Tangkhul custom, adultery by woman receives a severe punishment to the extent that her head is shaved in public (Shiban Roy & SHM Rizvi; Tribal Customary Laws of N.E. India.
Crimes and administration of justice:
Crimes in tribal society may broadly be classified into major and minor crimes. But it is not possible to divide them into a water-tight compartment since some minor crimes may lead to major crimes and the consequences are not predictable. Major crimes include murder, homicide, suicide, illicit marriage, adultery, etc. and minor crimes are theft, assaulting, accidental hurting, destructive offices (of public properties), and public nuisance like use of fire or musical instruments on the restricted day, etc. However, a crime considered to be a major one for a tribe may be a minor for the other and vice-versa. Notwithstanding the differences in amount of seriousness of crimes among different tribes, punishment in the form of fine is common as per the customs. Capital punishment is not known in the tribal society. The heaviest form of punishment, for example, in Zeliangrong society is banishment or expulsion from the village.
Among the Naga tribes, administration of justice is done by the village court or village council constituted by the elderly male representatives of all clans/families including the chief in the village. Any kind of dispute is settled in the village court. In the same way, the office of the village chief is the highest court of appeal among the Kuki-Chin-Mizo group of tribes. When it is difficult to determine the guilt, the tribal people leave the matter to the divine power by ways of performing oath and ordeals. The most common
method of ordeal is by dipping the parties involved into water to determine the guilty person and oaths by using tiger’s tooth, bullet, hailstone, egg, dipping hands into the boiling water, oaths with fire and water, consuming iron (metal) powder, etc.
As mentioned earlier, the customary practices in the tribal society have undergone many changes due to many factors.
Factors responsible for the changes in customary practices: Change is the law of life. Any entity including the culture of one’s society is not static and subject to the influx of time. The factors responsible for the changes in customary practices can be attributed to the following.
1. Modern education: The spread of modern education helps men to rationalize their own practices. As a result, people began to consider the merits and demerits of their own legal practices based on the principle of relevance. So, if certain customary laws which could not stand in test of the days were modified eventually. The rationalization process also included democratization of the exercise of legal power by bringing about representative character of composition of legal authority. The changes in chieftainship among the Mizos are one of the examples.
2. Modern law: Modern law is no doubt, more comprehensive in scope and usually bears more significance. It is in one sense related to educational factor. This nature has undermined the popularity of customary laws which were incapable of providing the needed legal protection for lack of political backing. The introduction of modern laws thus leads to changes in the practices of customary laws by limiting their application in tribal society.
3. Transculturation: No culture including customary practices of a community remains immune to inter-cultural influences. In other words, customary laws of a particular community are influenced by those of theirs. So, transculturation process brought about changes to the customary practices as far as adaptation of one’s cultural practices to his own is concerned.
4: Ecology: With the coming of modern technology, there have been changes in the life-style of tribals. Economic development, better communication facilities and at the same time decline of natural resources in tribal areas etc. had resulted to changes in the practices of traditional customs.
5: Christianity: The new religion introduced changes in secular outlook of the tribals. The changes came in the form of some mundane affairs which were within the purview of the customary laws. For example, certain practices like imposition of fine or enforcement of punishment on the murderer, adulterer, etc. was discouraged by the teaching of mutual forgiveness. In other words, justice was not dispensed with in dealing with certain crimes, but admonition to our formal corrections against the criminal for his/her misdeeds was advocated. So, Christianity is also responsible for the changes in customary laws/practices. The operation of these factors was discernible in the context of Manipur tribals. Of course, it is not to assert that customary practices have been made otiose. On the other hand, there are certain traditional practices which are still applicable in modern tribal society by virtue of their merits.
Relevance of customary practices:
The customary laws of different tribes in Manipur are, in many ways, in vogue even today. The laws relating to land-use and ownership systems, marriage institution, inheritance, etc. have not yet been made redundant by any amount of their modernization, Christianization, etc. On the other hand, the customary laws help to lighten the burden of legal administration in tribal context. That is to day, tribals hardly abandon their customary laws in various socio-economic and political concerns. Any legislation relating to the tribals must not ignore the importance of customary laws which deal with their multiple concerns. Any law which violates certain existing norms cannot be acceptable to them. In that sense, customary laws become an ultimate source of inspiration and hints for outlining the object of the new law.
Customary laws are part of the tribal culture which upholds their identity. As the present society is an identity-conscious one and in view of the various dimensional relevance, customary laws should be preserved and promoted. Moreover, preservation and promotion of customary laws is in tune with the spirit of democracy and Indian constitution.
(This paper was presented during the Tribal Youth Cultural Exchange program-cum seminar organized by the Manipur University Tribal Students Union in April last week.)
(Courtesy: The
Imphal Free Press) |
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