Summing up the situation, J.M. Raina, (D.O. letter No.51/1/60-Card. Dated Imphal the 18th June, 1960 from the Chief Commissioner, Manipur, addressed to P.R. Bahl, ICS., Joint Secretary to the Government of India, Ministry of Home Affairs, New Delhi.) the then Chief Commissioner of Manipur, attributed the main cause of conflict as the “Thadous relying too much on their past fighting and organizing capacities” on the one hand and the “docility and easy going nature of the Hmars”, that confronted directly between the newly assumed ‘aggressiveness of Hmars’ under the prevailing new situation which the Thadou Chiefs “...too are not going to take it lying down” on the other. Not withstanding, the system of ‘Haosa’ or ‘Lal’ could not be given a go-by.
Customary Laws Made Manifest :
We are aware of the fact that the customs are not customary laws per se. They help us at the performance level. Rituals through constant usage may become part of customary laws because they need to be performed during the course of holding on to traditional values.
Customary laws therefore emerge as an institution in itself which is referred to time and again. It has become part and parcel of the State/social system.
Semang-Pachong or Upa :
The institution of ‘Haosa’ or ‘Lal’ presupposes the existence of ‘Semang Pachong’, in Thadou, or, ‘Upa’ in Lushai, Council of Ministers or Elders of the Village. It has to work through the Council which assists in his day-do-day administration (T.S. Gangte : op. cit. p. 124).
This Council is composed of persons of wisdom, integrity, knowledge of customary law and its interpretations etc. and is nominated by the ‘Haosa’. Special representation is always given from the minorities and the poor villagers in the Council.
The Council members assemble and make deliberations. They remain in office as long as the ‘Haosa’ is pleased. Social, political, economic, judicial matters etc. are dealt with by the Council.
The main mechanism through which the Council exercises its administration is interpretation of the customary laws (T.S. Gangte : op. cit. p. 124).
The ‘Haosa’ as the Chairman or Head of this Council presides over the meetings. Members of the Council are exempted from payment of all kinds of tributes levied on the common villagers in token recognition of their services (Thangtindal : Ancient Polity of the Mizos : 1988; p.3).
Customary Laws govern appointments of officials and their powers till the offices exist. Officers are products of customary laws but not vice-versa.
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Concluded ..
* Dr. (Mrs.) Priyadarshni M Gangte wrote this article for The Sangai Express .
This article was webcasted on March 27 , 2008 .
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