Customary law of murder : The Zeliangrong of NE
- Part 3 -

Budha Kamei *

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

In Zeliangrong society, homicide by accident is one (slayer) who could bring back the dead body (Kaphou) to the house of the killed; this is called Kaphou Phungna Gngmei in local dialect. But, it was a rare case as the family and his relatives may slay him at the instant or the murderer runs away for his life with an indication to his family for preventative measure. In many societies, the murder of an individual does entitle the group/clan to which he belongs to obtain satisfaction by killing the offender or member of his group.

In regulated vengeance the offending group must submit to this as an act of justice and must not attempt further retaliation. Those who have such satisfaction are felt to have no further grounds for ill feeling. However, homicide in self-defense or of the honour of a woman is considered to be justifiable, and met with no punishment.

Usually, if murder/killing takes place, neither the two parties or clans are allowed to inter-marriage (Khugengnumakhe) nor to eat and drink together (Tukaru Jangkarunumakhe) as before until they perform the purification ritual called Rihchukshumei. In other words, during the controversy the two parties are in a condition of ritual enmity or opposition and when a settlement is reached they join in a peace making ceremony.

Among the Maos and Tangkhuls, the period of punishment for a homicide by accident extends up to seven years, and in some other tribes it goes beyond this period depending on the circumstances leading to the murder. The main objective of expulsion is to mollify and defuse the tension of the injured family. If one violates and appears in the village before the end of the period as put by the village court, he is liable to be killed without any question or trial. It is a taboo for the victim's family to eat anything from the culprit's house in their lifetime.

Accident homicide is punished among the Tangkhul, Maram and Mao by fine of six cows. Marings also impose a heavy fine in such cases of homicide. Part of the fine is paid to the relatives of the dead man and the rest is consumed by the village in the course of the settlement of the matter. Among the Rengma Nagas, the penalty for intentional homicide is that the culprit and his family will be expelled from the village for three generation or their lifetime. His house will be destroyed.

After completion of the exile period, his off springs are allowed to return to the village. Among the Kharam, if a man kills another man by mistake or otherwise, the custom allows revenge by the relatives of the deceased by killing him. This goes the same if a man kills another by his black magic. Killing is the highest crime and is punishable by the same crime.

In the traditional Kuki society, if a man is found to have committed such act of murder/killing, it is considered a very serious crime and also a very bad impression for the society. The act can be intentional and accidental. If a person kills his fellow villager by accident is called Tohsoi. According to customary laws of the people, the family or elders of the killer has to bring a pig and kill in the chief's house. This is called Hiamkhiam; (Hiam means weapon and Khiam, to prevent).

This customary act is performed to avoid the aggrieved family from taking revenges on the killer and as a symbol of respect to the village social norms and partly also to seek the favour of the village court's fair judgment. The act also symbolizes the willingness of the culprit and the village authority to stop such untoward incidents or co-incidents in future. In fact, this act prohibits the opponents or family affected from retaliation or gives protection to the life of the culprit. If the aggrieved family violates this customary act or retaliates, the family is at fault.

In the case of accidental homicide, vengeance is prohibited and if necessary, forcible restraint would be used to put down hot tempers. The pig killed for Hiamkhiam is not a part of the fine. In other words, this fine is not for the bloodshed/killing he or she caused, but for breaking the customary law. After the performance of the Hiamkhiam, judgment of the crime committed is made. Therefore, after the Hiamkhiam there is practically no retaliation.

It can, therefore, be stated that Hemkhiam is an important custom among the Kukis. This is also a form in which the criminal admits his crime, surrenders and is ready to accept the fines and punishments imposed upon him. Customary fine for such accidental act of killing consists of a mithun for Khosah (death rite), a Dahpi (big gong) to symbolize the head of the dead, Khichang/Khitang (necklace) to represent his two eyes, Pondum/Puandum (a man's cloth woven out of red, blue and yellow thread) for wrapping the dead body. Besides, all the expenses for food and drink consumed during negotiations and burial ceremony will be borne by him.

In olden days, retaliation of a murder was allowed; as such if a murderer was caught red handed and killed at the spot by the victim's party, they were not held responsible for it. It was rather considered sudden justice and the incident could be closed, without any customary rites and rituals. If the murderer escaped or survived from the avengers, he is compelled to perform the customary rite Hiamkhiam immediately at the village court usually in the chief's house.

As per the law of the people, the murderer has to pay the same fine with the accidental homicide to the bereaved family within the stipulated time fixed by the court to avoid any untoward incident. However, if the murderer could not pay the fines, he must run into the chief's house and embrace the biggest wooden post, he is saved, but at the cost of his own and his family's members' freedom. The punishment "awarded for murder among the Kukis was confiscation of all goods and property and perpetual bondage for the murderer, his wife, and family, who thenceforth became slaves of the Raja (chief) and did his work."

To Thomas Herbert Lewin, the murderer is protected by "the chief but punishes him with agreeable fines. If he cannot do so the chief normally made him slave until he repays it." The accident is accepted as a misfortune, if the culprit is lunatic or mad. No usual fine is to be paid. And though a murderer has been punished by the village court, the family or kindred of the murdered on the one hand and of the murder on the other cannot forget the incident. A sort of repressed hostility remains and is handed down for generations.

In this regard, J. P. Mills says, "In no case would any relation of the murdered man ever eat with the murdered. If they did their teeth would fall out. Nor would the descendants of either side eat together. This breach can never be healed, and there are still families who cannot eat together." Among the Kukis, whether accidental or not, expulsion of the criminal from the village for life is the punishment.

Murder is the highest crime a man can do in Lisu society. Whatever may be the nature of murder, the amount of compensation or punishment for the loss of a human life is same. The amount of compensation for the loss of a Lisu life is sixty five cows payable at three instalments—in first instalment thirty cows, in second twenty cows and in the last fifteen cows. The giving of all these cows or equivalent articles is called Kute. Or these articles given in the form of compensation are regarded as the value of the body—muscles (Kodifu), stomach (Wupofu) and abdomen (Wuchifu) of the murdered person. All these things have to be given within a specific period fixed by the Chowus. If the murderer is incapable to pay the fines or compensation, he or any member of his family may be killed by the bereaved family.

In Adi society, murder is compensated with the heaviest amount possible which is decided by the Kebang (village council). Inability to pay the compensation resulted in the selling of the person guilty or murder as slave and the money derived from the sale was paid to the deceased family by way of compensation.

Among the Neur of Africa if a man kills another fellow, he must at once go to a Leopard skin chief, who cuts his arm so that the blood may flow. Until this mark of Cain (bir) has been made, the slayer may neither eat nor drink. If he fears revenge, as is normally the case, he will remain at the chief's house, for it is sanctuary. This clearly indicates the absence or lack of political authority/head among the Nuer. Within the next few months the chief does elicit from the slayer's kin that they prepared to pay compensation to avoid a feud and he persuades the dead man kin that they ought to accept compensation.

During this period neither both party may eat nor drink from the same dishes and vessels as the other and they may not, therefore, eat in the home of the third person who is not kin to either party. The chief then collects the cattle—till recently some forty to fifty cattle and takes them to the dead man's home, where he performs various sacrifices of cleansing and atonement. This is the procedure of the settlement.

The Leopard skin chief appears to force the kin of the dead man to accept compensation by insistence, even to the point of threatening to curse them, but it is an established convention that he shall do so, in order to the bereaved relatives may retain their prestige. What seems really to have counted were the acknowledgement of community ties between the parties concerned, and hence of the moral obligation to settle the affairs by acceptance of a traditional payment, and the wish, on both sides, to avoid, for the time being at any rate, further hostilities. In reality, all Nuer know that in spite of payments and sacrifices a feud goes on for ever, for the dead man's kin never cease to have war in their hearts.

To conclude, murder is the highest crime a man can commit in any society. In the past, the Naga and Kuki tribes solved such crime, maintained social control by observing their customary laws. Khamdanmei and Hiamkhiam are the only custom to avoid retaliation; this gave way for settlement of any serious cases including murder. Expulsion from the village is the punishment of any serious crimes; imprisonment and capital punishment are unknown. This is the unique feature of tribal system of justice. In the overall interest, it is needed to codify the customary law.

Concluded..