Customary law on murder cases of the Zeliangrongs
- Part 3 -

Budha Kamei *

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

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.

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.

To be continued..