Customary law of murder : The Zeliangrong of NE
- Part 2 -

Budha Kamei *

Scene from 'The Zeliangrongs' :: Provided by Director - Ronel Haobam

The most important function of the Pei is judicial administration. Pei is the highest court of justice of the village; it decides on disputes, all cases based on the aged-old customary laws. In other words, the village council (Pei) "decides matters, disputes and differences between families of same clan or different clans and not settled by the clan or clans' elders" in accordance with customary laws. Peace, harmony and happiness of the people depend on the proper functioning of the administration of justice. It is executed through the institution of Pei.

Peikai Rakaiye means Peikai is the house of god; so they believe they will get justice from the Pei's elders in discharging the judicial functions. The fore-fathers of Zeliangrong did not have much knowledge and idea about laws, rules or regulations, adoption and enforcement; after thorough study of the nature and practices of their social norms and customs, the Zeliangrong customary laws may be divided into laws of civil wrongs and law of crimes. The distinction between crimes and civil wrongs is roughly that crimes are public wrongs and civil wrongs are private wrongs.

The civil law establishes the private rights of people in regard to personal status, property, and contracts; and provides for redress, if such rights are violated, by compelling restitution or compensation. The main civil wrongs consist of breaches of contract; seduction, adultery, and similar offenses against family rights; damage, theft, and similar offenses against property; defamation and other wrongs against reputation etc.

The criminal law treats certain acts, not merely as injures to individual persons, but as offenses harmful to social life generally, and therefore deserving punishment. The crimes include breach of marriage rule, incest, violation of taboo, sorcery and unnatural acts, murder/killing, grievous bodily assault, and similar offenses against the person, dismantling the house, boundary dispute of paddy fields etc. It must be noted, however, that many civil injuries are on occasion also treated as crimes, the offenders not only being forced to make compensation to his victim, but suffering punishment as well.

In other words, the sanction is both restitutive and repressive, giving satisfaction to the victim and inflicting punishment upon the person responsible for the crime. Moreover, either disobedience of the commands or direct offences against the constituted authority or against the persons in whom that authority rests may be subject to penalty and treated as a crime. When a civil wrong is committed, the victim may, and indeed should first attempt to obtain satisfaction by direct negotiation with the wrongdoer. Only if this fails will he sue him.

All kinds of cases-civil and criminal that crop up within the village are heard and tried in the Peikai in accordance with customary laws. But, some "emergency cases like murder, killing etc. are settled in the household of the murdered. The boundary disputes in respect of paddy fields (Laojam Jang Agaimei), adultery (Nou-Gan Kachumei), murder (Meibairoimei), dismantle the house of another person (Kaidoumei) etc. are termed as serious crime. It is also a crime to call someone as devil (Chagamei) in Zeliangrong society."

The most common punishments are the imposition of a fine. A mithun or buffalo or cow, pig, rice beer, cock etc. are the standard of fines under the Zeliangrong customary laws. Usually, fine or compensation has to be paid by the culprit within the stipulated time fixed by the Pei. Any offender may be punished regardless of sex or social position. Among the Naga and Kuki tribes, the severest punishment is banishment and excommunication.

Capital punishment is unknown. Julian Jacobs writes, fines are the most common penalty among the Nagas, in certain cases the "elders could expel an individual from the Khel or village and for incest, the offenders' houses and property would be destroyed. For murder within the village, the offender could be executed, but in all the Naga groups there was a strong revulsion against injuring physically a fellow-villager and expulsion was more likely."

The Pei has the power to declare social boycott to any of the families who defies the orders or decisions of village court or who in the opinion of the village court are trouble for the village. It is a terrible thing for the families who are boycotted by the village. When a member of an excommunicated family dies, the villagers will not attend the funeral service. So, one and all try to obey the orders of the village court. Among the Meiteis, in many cases, banishment to a Loi village was a common form of punishment in the past. Imprisonment is not a part of the tribal system.

Fine and compensation differ according to the nature and kind of offence. Any offender besides payment of compensation to his victim often pays a punitive fine called Luwang Guarak to the Pei usually in the form of a pig of five cubits (Guaku Pungu) with a pot of wine (Joulai Akhat) for infringement the norms of the society. Another idea of payment of Luwang Guarak is to avoid punishment of Kng Chapmei (physical torture) of the culprit.

In other words, fining is generally preferred; but where the culprit cannot pay the fine imposed, physical torture (Kng Chapmei) is commonly resorted to as the alternative form of punishment. Any animal killed will be feasted in the Peikai and sometimes, along with both the parties take part the feast in order to abandon any idea of retaliation in future. This is locally called Jeigan Tumei.

Usually, a portion of meat of the victim will be distributed among the elders of Pei. The chief by virtue of his office is always entitled to a right hind leg. A piece of meat will also be distributed to every household of the village as a sign of warning that one who violates the rules of the society will meet the same fate. In other words, punishment is to deter the offender or the like-minded not to repeat such act or to refrain from doing such act. According to L. P. Vidyarthi and B. K. Rai, the main notion behind punishment is to "compensate the aggrieved, to purify the offender, to re-admit the guilty persons after paying a fine, i.e., the enmity finishes and both the parties are brought together forgetting the past."

Murder (Meibairoimei) is the highest crime a man can commit in any society. Murder within the clan is very rare, but murder in the village occurred in the past. Murder is a serious crime in Zeliangrong society, and the punishment of a murder is banishment from the village. Moreover, a heavy fine is inflicted on the criminal. Such serious cases are decided and settled in the house of the killed. Once the case is brought to the notice of Pei, the afflicted family will not be allowed to take revenge on the family of the killer as the Pei declares Khamdanmei, a customary sanction against the use of force.

The reason of the Khamdanmei is to avoid further bloodshed in the village. It is done with the payment of punitive fine (a pig of five cubits with jar of wine) to the Pei. Khamdanmei is performed in the way of displaying the brace disc (Sendai Napkok) by the Peipou or Nampou saying Khamdanthe Buimun Bangmun Kheothe. If the case is involved two villages, the slayer village Pei will immediately send two Changlois, messengers along with a pig thigh (Guak Nang) to the Pei of other village for proclamation of Khamdanmei.

This the Pei does on two reasons: the slayer is a member of the village and the second is to avoid feud or settle it in accordance with customary laws. The clan elders of both parties are summoned immediately through the Changlois, messengers of Pei to present in the house of the killed. The elders of Pei negotiate to settle the case as quickly as possible. The kind of fine imposed varies according to the types of the cases occurred.

However, the family of the murderer has to pay compensation to the family of the killed or aggrieved family in the form of kind as per customs of the Zeliangrong and the said compensation is required to pay within a short period of time fixed by the Pei usually within five days or on the day of burial. If the stipulated time expires, one can take revenge.

The customary compensation of a human loss consists of ten items such as pot (Takhian Lai) for head (Pijang), hoe (Laogai) for teeth (Hujang), goats' hair (Juhu) for hair (Meisamjang), necklace (Tariutu) for intestine (Meireijang), shawl/cloth (Phei) for skin (Meigijang), cattle (Goi) for body (Pumjang), bronze plate (Jeisenkuak) for bottom (Lingkokjang), Neckband (Beih) for shoulder bone (Guangkamjang), armlet (Nathang) for intestine (Meileijang) and beads (Tuthuliang) for eyes (Meimikjang).

This is locally called Charum Khapmei and it must be paid on the day of burial. A plot of land called Meirum is to be offered to the family of the killed as compensation in case of homicide by treachery. In ancient India, the wergild for the murder of a Brahmana was a thousand cows, for that of a Kshatriya five hundred cows, for that of Vaishya one hundred cows and for that of a Sudra only ten cows.

In many communities, murder/killing shows analogous variation in moral judgments. Moral approval or disapproval of killing does depend on whether the person slain was a member of the killer's own community or of another community. In the latter case, the anger of the killer's group may be directed against him on moral grounds, not because of taking of life as such but because his act has endangered the safety of the community by inviting revenge. Hence, compensation to the group of the murdered man is a normal procedure.

In the same way, within the community, while direct moral condemnation is applied, compensation to the kinsmen and ritual atonement tend to be included among the reactions. Here, one can say that the family or clan of the murdered accepts the compensation only in order to honour the customs and traditions and not because they are ready to take the compensation for the life of their dear one. As punishment, the murderer (Meibairoimeipu) is excluded from the village. Sometimes, the family of the murderer also vanishes from the village because of harshness of the crime. This is locally known as Kaipui Phukmei (to uproot the crump).

Fixed/immovable property of the family like house, land, standing crops, trees etc. called Lamba will go back to the village, but the house will be destroyed as there is no one to live in or it is a taboo to leave a vacant house for a long time. If the family leaves the village with formal request by giving a jar of wine to the Pei, the same property may be restored when they return after some years. But, there is no specific period.

To be continued...