Reflections on Hmar Women Social Deprivation
- with special reference to Inheritance -
- Part 1 -

Dr. Priyadarshni M Gangte *

Sikpuiruoi , Hmar community's biggest post harvest winter festival was celebrated at Delhi on Dec 8 2012
Pix by Lalremlien Neitham

The Hmar customary laws deal with crime and punishment, death, marriage, divorce, inheritance, succession, etc. of course with slight variations in practices in different areas of inhabitance. The Hmar women are found to be deprived in many ways as their customary laws are prejudiced against women, inter-alia, the most one is that they are not allowed, to inherit property.

In the meanwhile, it will be interesting to know what arc the items that fall under property as has been opined by Horam. It consists land, house, moveable articles, money, ornaments and oven debts. In most of societies of tribals including Hmars, the sons or the male heirs inherit all property including debts.

Law of Inheritance (Rohluo Dan) or the institution of inheritance in the patriarchal Hmar society finds no place for daughter. She has. no share in the property of her father. Her responsibility is to become a true housewife. Therefore, sons are given a preferential treatment. A couple who does not have a son is called suonmawng (without any issue). Even if they are blessed with many daughters, they are considered as with any children. The different types of Rohluo prevalent in the Hmar society can be discussed in the following heads:

(i) Inheritance of a Father's Property by his sons (Pa Rdhluo):
Pa Rohluo is of two types; they are in accordance with the principles of 'ultimo geniture' and 'primogeniture'. In the case of ultimo geniture. the youngest son is entitled to succeed and inherit the parental properties like the Jessami Maos the majority Hmar practices are similar. Whereas; the eldest son inherits as well as succeeds in the case of primogeniture.

This system of inheritance is prevalent in Leiri, Faihriem/Khawlum and Changsan. However, these customary laws are not strictly followed They are quite flexible. The properties of the father can be shared by all his children, if he wishes so. Accordingly, during his lifetime, he usually divides all his properties among his sons except that the lion's share goes to the rightful heir which includes house and domestic animals. As a matter of fact, he has to look after the parent in their old age like the Chins a cognate tribe of Hmar in Burma (Myanmar)

In the Hmar customary law, daughter(s) is not allowed to inherit or claim property at all except some items, such as puonri (Blanket), bel (Pot), rel (basket), etc given at the time of their marriage However, after the death of the mother, all the things which she brought from her parents house in her marriage are meant solely for the youngest daughter.

(ii) Inheritance by an adopted Heir (Siemfawm Rohluo):
Adoption called "Saphun" of a child is also practised among the Hmars. If a couple does not have any male issue, then with the permission of the chief, a male child to be heir may be adopted for the conveniences of the father. Here, a ritualistic programme is essential in order to make it customarily binding. In this customarily- rite performance, a hen or a pig is killed by the couple and cooked. Relatives and friends are invited to dine with them. A declaration is made where, hereinafter the son is entitled to inherit all the properties after the death of the father.

Moreover, in a prevailing circumstance, where the couple does not bear any male issue coupled with no adoption, then the property goes to the nearest relative. Besides, if a man has only one child which is in fact i.e. daughter, rather than she then the son-in-law is given the right to inherit the property. An issueless man or anyone who does not have close relative in the village may also divide his property. Apart from the at above mentioned situations which are accommodated accordingly as provided by the customary law, a childless widow and widower may appoint someone to look after them in their old age In that situation, after the death, the property of the deceased may be inherited by that person who had looked after and taken care for.

Thus, we have seen how extremely "inhumane" the laws are pertaining to the right to property by daughter as accorded by the Hmar customary laws is same as we find in Gangtes, Thadous. Vaipheis, and their cognate tribes It is a fact that traditionally women are not treated equally with men. Their position is placed at a very insignificant status. On the contrary, wives amongst the tribes of Arunachal Pradesh are considered as the asset of the family as they do all the domestic as well as agricultural activities. On account of this the presence of the females in the family is very much essential which perhaps has lead to the adoption of giving very high bride price for bringing a female as wife Despite this, they are treated with love and care and adorned in much the same manner as men arc treated. Hence, women in Hmar society do not succeed to immovable property.

(iii) Inheritance of a Husband's property by His Wife After His Death (Pasal Thi Hnunga Rohluo)
If a husband dies leaving behind his wife, whether he has children or not. she can continue to live in her husband's house and inherit all the properties. This is striking feature -an exceptional case which is totally absent among all the Chin-Kuki-Mizo societies However, if she gets married to another person while living in her late husband's house, she has to leave the house as well, as she cannot take any property from her late husband's house.

In none of the clans of Hmar, not a trace of customary law relating to daughters inheritance and succession is found to have been mentioned whatsoever, despite being a Christian without considering the Inheritance passes the daughters. (Here the father, names Zelophehad, the great great grandson of Joseph, had five daughters but without son. They were Mahlah, Noah, Hoglah, Milcah and Tirzah) Moreover. Go has reiteraated that in Chin society, if both parents die leaving no sons but daughters of which one is the only married and the rest, a large number, are single, the estate of the parents shall not be divided on the ground of the death of the parents.

The unmarried daughters have the right of taking charge of the estate unlike the custom of Thadou Kuki, Mizo, etc. Prevalence of such right enjoyed by daughter(s) is perhaps, due to the influence of Buddhism. But a landmark development occurs in recent times, that daughters have share in immovable property with their brothers by two fathers who are, in fact, real brothers named Thanglienthuam Ngaite; Secretary, Village Authority, Rengkai, Churachandpur has given some shares in homestead land to his two daughters besides his three sons, Likewise L. Rochung Ngaite, the Valupa Chairman of Rengkai, Churachandpur, also distributed immovable property (homestead land) to two daughters apart from his three sons, as gifts. Thus, it appears that there is a paradigm shift in the concept of shares in individual's property.

It is a paradox that several scholars have claimed that the Hmar women have not played directly or indirectly a role in social or political movements. But today we know that Hmar women have played quite an important role in society despite their lack of education on reproductive health and medical care, drinking and using water electricity, food security and safety, sanitation, balanced diet, mass and legal awareness environmental and bio-diversity. Our findings are otherwise, we maintain that the Hmar women played a major role at the level of households and they controlled their husband's views for household matters as also their political understanding at the larger level.

In other words, they are like the men, very talented, wise, clever in sharing views with their men whose natural intuitions and behaviours make them responsive to wives. In fact, the Hmar men are very proud of their patriarchal system and do not take cognisance of the silent support of their ladies. The hidden hand of a Hmar wife can be seen in any deal a Hmar husband enters into. However, the customs and the laws of land keep her behind the scene. She is neither given any property nor any public office like that of the Chief except in rare circumstances. The Hmar women have developed a fine technique of being behind all major decisions and work for the benefit of their family.

Traditional institutions and customary laws among tribal people, though portray an egalitarian socioeconomic structure is in fact discriminatory when it comes to women's right in traditional governance and customary law. As found among the Chin-Kuki-Mizo customary law senior people had never considered it important to make women participate in community affairs or empower them in economic decision-making. In fact socio-cultural values pushed women into a closed domestic domain, burdened by mundane but extremely strenuous economic activity.

As cited above, the main stronghold of the Hmars – the Tipaimukh constituency, a reserved seat upto to now not a single woman has not yet, been elected. Besides, most of the elected members like their counterparts or colleagues in Manipur had very low level of political awareness apart from their very male hegemonic ethos and their contribution to developmental activities was almost invisible. The primary reasons for lack of political motivation among women in Hmar specifically and Chikim societies in general, are patriarchal domination, misguidance, manipulation and proxy, and selected representation.

To be continued ...