Oath and ordeal: The Zeliangrongs of North East India - Part 2 -

Budha Kamei *

A Scene from The Zeliangrongs :: Pix by Haobam Ronel (Director)

In ancient and medieval times, ordeals were fairly common both in Europe and India owing to prevailing belief in divine intervention on behalf of the just and the innocent. The Smriti ordeals were not quite irrational. It was only when no other evidence was available, that a party was permitted to establish his case by an ordeal. In the fire ordeal as described in Yajnvalkya. II, 103, seven green leaves of palasa were placed on the palm of the party and then, after the recitation of the mantras, which prayed to God Fire to protect the party if he was innocent, a red hot iron ball was placed on the palm of his hand and the party was required to take seven steps and then throw out the ball.

His hand was then covered and tied in a piece of cloth, and if after three days, no injury was noticed, he was pronounced to be in the right. An age which believed in divine intervention naturally did not regard this procedure as irrational. The ordeals by water, poison etc. were of the same nature and allowed reasonable chance to an innocent man to come out successful.

In the Tangkhul custom, oath and ordeal is fairly common as they believe in the saying: "Righteous always comes out victorious." The common ordeals are biting the soil of the disputed land or diving into the water and swearing in the name of the Supreme God. According to M. Horam, "Land disputes are mostly settled by oaths. The oaths are taken at the scene of dispute usually by biting or eating a small piece of land under dispute.

The person swearing falsely runs the risk of either dying before reaping a harvest from the land or of swelling up and dying." Oaths are usually performed in the presence of the members of village council (Hangva). T. C Hodson observes, among the Tangkhuls, the weightiest oath is that which concludes with the imprecation, "If I lie, may I and my family (or clansmen or co-villagers) descend into the earth and be seen no more." He further says that at Naimu "I noticed a heap of peculiarity shaped stones insides the village upon which the Tangkhuls took an oath of great weight. Others swear by the named Deity Kamyou, while oaths on a dao or tiger's teeth are common among them."

Among the Maram Naga, if a man is accused of committing adultery, he is asked to catch his own sexual organ and take oath, like this: "If I have committed adultery, then from today onwards I will not have any more children." The Poumei Naga form of the oath (Chachou) contains the expression: "This is belonged to me, spoil me between the inverted heaven and earth."

Then a number of kindred lives are bargained to the oath. The old man will take oath on behalf of the party holding either a spear or dao and a pair of Lou (a scented herb) plants in front of the village chief house. The chief and his councillors will attend the oath taking ceremony. When the case is settled, the village council takes wages from the parties. They kill a cow or pig and celebrate in mark of case settlement.

Ultimately, the case puts to dismiss in the platform of the village court. Unlike the other Naga tribes, there is no court fee to file the cases in the village court. Every case is accepted without any court fee in Poumei village court. As per the Poumai custom and tradition, oath is usually done before the sunset by one of the two parties as directed by the court.

The mode of taking oaths among the Angami is singular. When they vow to keep the peace, or to carry out any promise, they put a spear between their teeth, signifying by this ceremony that, if they do not act up to their agreement, they are prepared to fall by the weapon.

Another simple but equally binding oath is, for two parties to take hold of the ends of a piece of spear-iron, and to have it cut into two pieces, leaving a bit in the hand of each party; but the most sacred oath, it is said, is for each party to take a fowl, one by the head and the other by the legs, and in this manner to pull it asunder, intimating that breach of agreement would merit the same treatment. Similarly, they erect a large stone as a monument on the occasion of taking an oath, and say that, "as long this stone stands on the earth, no differences shall occur between us."

According to Chander Sheikhar Panchani, "Self-ordeals like plunging into the water pool and staying longest there, oath taking by touching tiger's teeth on dao and some verbal oaths are common among the Nagas of Manipur. The Chiru swear by the sun. In Marings oath is taken near the circle of stones collected in the village." Like the Zeliangrong and Tangkhul, the Marings also swear in the named of Deity called Taiaru.

Among the Mao Nagas, oaths are commonly taken in cases like disputes on landed properties and those arising out of matrimonial causes. The popular oaths are:
(a) I did not steal the property in question. In case I lied, let the members of my family perish within this year;
(b) I did not commit the crime in question. If I have committed it let the members of my family or clan (Khii) or Khel (Seisou) perish completely;
(c) I did not utter or say those words. Have I said so, I will not survive up to the last day of this year and
(d) The property in question certainly belongs to me or to my family line. I am swearing upon the heads of my family or clan or khel. If this claim is not a rightful one, let my family or clan or khel perish completely.

It is believed that some families or clan or Khel were totally wiped out due to wrongful taking of oath by their fore-fathers. J. H. Hutton observes, "An outbreak of small-pox in one of the Sopvoma villages in the Memi (Mao) country three or four years ago was put down to the taking of a false oath and followed by the expulsion of the perjurer from the village."

T.C. Hodson writes, "Among the people of Mao, cases in which rights to land or its produce are in dispute the oath on the earth is usual; while in cases affecting timber the oath on the axe is employed, and for the more important cases, as quarrels between two clans or two villages, the oath on the cat is necessary." Therefore, taking of oath is considered very fearful, thus the Nagas generally prefer paying fine to resorting to oath-taking, unless one is very clear of his claim and rights, without slightest doubt. Faith in oaths and ordeals is so deep rooted and they are so much respected by the Nagas that these oaths are very rarely taken. Generally, these oaths and ordeals are resorted to only in the difficult cases when all other means fail to materialize.

Among the Hmars, an important oath form to decide a complicated case is by biting a tiger's tooth and swearing in the name of God that if they are telling a lie, then may they be bitten or carried away by a tiger. If anyone refuses to perform this oath they are declared guilty.

Another method is recognized as Thingkuongdeng. According to this system, a pot of rice beer is kept and filled with water up to the brim. Then, the priest chants the words, "God of heaven, god of the universe, reveal his sin and may his picture appear on the water of the rice-beer. Give him fear and let him lives only for one lunar month." It is believed that the wrongdoer does not disclose the truth, then the priest will call upon his spirit and his face sometimes will appear on the rice-beer pot. In this faith, many real wrongdoers disclosed their hidden crimes fearing that if not the priest will call upon their spirits and their faces will appear on the rice-pot.

Tui Lilut (diving) is an important ordeal of bringing justice. Under this system, both the individuals are asked to dive in the water. Before it, the priest cuts the neck of the fowl and sprinkles the blood into the water invoking the water deity to do justice in the case. Then, both parties involved to the dispute repeat their respective versions standing breast deep in the water.

On a signal being given, they dive in the water simultaneously. One who comes out first from the water is declared guilty. The innocent person always goes deep in the water and comes out with a handful of sand from the floor of the water, but the guilty person miraculously can never survive in the water for long however good diver he is. They took the above oaths and ordeals at final resort or when there is lack of evidences or witness.

In conclusion, with the introduction of modern judicial system in the country, traditional oath and ordeal systems are no longer in use. In traditional society, politics, judicial and religion are interdependent.

Concluded..