Traditional administration of justice among the Zeliangrongs
- Part 1 -

Budha Kamei *

A scene from a Documentary Film by Ronel Haobam - 'The Zeliangrongs'

Bronislaw Malinowski1 has defined authority as the "privilege and duty of making decision, of pronouncing in cases of dispute or disagreement, and also the power of enforcing such decisions."

Authority is the very essence of social organization. Hence, it cannot be absent from any single institutional organization. A Zeliangrong village is administered by a Pei which is a council of elders of the village. The Pei is not only a council of elders but also the collective supreme body comprising all the clans’ heads. And the elders of the council are also collectively called Peikhang Peiru (a respectful term). Only aged person (55-65) can represent the clan in the Pei. The strength of Pei depends on the size and population of the village. Gangmumei Kamei, noted scholar of India writes, the Pei is the "most powerful body in the village polity. Its existence was based on age-old customs and traditions of the Zeliangrong people."

There is no separate house for village council the house of a respectable elderly man with influence and reputation in the village is selected as Peikai, the office of Pei. Peikai literally means gathering house; Pei means gathering and Kai, house. The Zeliangrong people hold the Peikai in high esteem. The owner of the Pei is called Peipou. Arrangements and hospitalities are looked after by the Peipou. He is also a member of Pei.

Stephen Fuchs says that it is the village council (Pei) that "wields real power in a village. The village council works as conciliator, mediator and arbitrator in disputes of all kinds. It also organizes religious worship, sacrifices and rituals in times of an epidemic; it also maintains order and peace in the village." The Pei has elaborate functions and duties.

The most important function of the Pei is judicial administration. Pei is the highest court of justice of the village and it decides on disputes, all cases based on the aged-old 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 Zeliangrong people did not have much knowledge and idea about laws, rules or regulations, adoption and enforcement, though after thorough study of the social, customs and traditions, their customary laws in comparison with modern laws, one may classify the Zeliangrong customary laws into civil wrongs and the laws of crimes. The laws of civil wrongs consist of like marriage, divorce, adoption, succession, property, recovery of debt, refund of matrimony etc. While the laws of crimes deal with such as assault, adultery, marriage by force, abduction, murder, killing, theft, rape, fighting, injury, dismantle of house etc.

All civil wrongs and crimes that come up within the village are heard and tried in the Peikai. 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.

One may divide the crime into private and public; private offenses are those committed against individual person such as murder, adultery, rape, etc. while violation of social norms like breach the marriage rule, dismantling the house, destroying the properties of the village, boundary dispute of paddy fields etc. are regarded as public offenses in Zeliangrong society. Once the case is referred to the Pei it, no longer a private matter but a matter of public. All the disputes are settled and give justice to the aggrieved party by enforcing the law of the land. The exercise of justice by the Pei against an individual or to any of its members is based mainly on the feeling of reforming the guilty and warning the others.

Therefore, the culprit must suffer and expiate for his crime. It is the Pei that can authorize re-admission of the person that is excommunicated from the village on payment of customary fines. However, all the disputes and differences between the families are decided as far as possible by the clan elders. The decision taken by the clan elders is equally honored as the decision of the Pei. In short, any form of inter-family conflict or any other problems relating to the clan are settled in a meeting of all the heads of the families "around the fire (Mhaimang) in the house of the head of the clan" in accordance with the traditional customary laws.

If the clan elders cannot settle a case satisfactorily, the case is referred to the village court. The decision of the Pei is final and there is no appeal against its decision. The Pei often settles the cases of all and sundry, giving no room of discrimination on the ground of rich or poor; this clan or that clan; this village or that village and this tribe or that tribe, but they look equal in the eye of customary laws. In Zeliangrong society, "the court and its judges were within easy reach of the poor people.

Since the poor people compulsorily belong to one clan or the other, they were well represented by the ablest of their clan, who looks after the interest of his clan." Traditional village courts are known for their prompt delivery of cases without delay. The practice of prompt judgment signifies that in the past the Zeliangrong had no jobbery, favoritism, red tapism and the use of suborn was non-existence. The judicial procedure is simple, as an aggrieved person or party can lodge a complaint orally to the Pei by giving a pot of wine. This is locally called Peikai Joulai Ponloumei.

The strength and solidarity of a village are of vital importance for its political and economic safety and it is the primary duty of the village Pei to that solidarity by resolving disputes in such a way that they do not imperil it. However, in case of issues which involve two or more villages, then the matter will be discussed and settled in the joint meeting of the two or three villages' authorities at a village court or by rotation from one village to another.

Customary Laws were laid down by forefathers with the sole objective of maintaining internal unity and peaceful living and preserving their social as well as religious ceremonies, festivals, rites and practices based on their concept of ethics and interpretation of the supernatural belief.

They are conscious that these traditions have passed down from generation to generation without any alteration or amendment. Breach of these traditions in neither contemplated nor tolerated by any one as it is regarded as a crime against society itself. Various remedies are available to the victim of a civil or criminal wrong. The common remedies are restitution or reparation and compensation. Both can be obtained either through agreement between the parties concerned or through the decisions of the village court (Pei). In restitution, the effect of the remedy is to cancel, so far as possible, the wrongful act.

A trespasser will be removed; stolen and borrowed property will be returned and restored; an unfulfilled contract will be carried out; a disputed right will be upheld. In compensation, the victim receives damages for a wrong which cannot be undone, such as seduction, damage to property, defamation etc. Another remedy, more commonly exercised in ancient times, is to take the law into one's own hands and forcibly exact what satisfaction one can. It was formerly permissible for a man to kill an adulterer if caught in the process.

Generally speaking, however, the tendency has been for the village authority (Pei) to eliminate retaliation as far as possible in favour of the acceptance of compensation. Indemnification is often as an "alternative to retaliation as a means of giving and receiving satisfaction." The most common punishments are the imposition of a fine. The fines, like most forms of compensation, usually consist in livestock/domestic animal. The amount varies from a single beast/ four legs animal to the confiscation of the culprit's entire property, according to his position, the enormity of his offence, his previous record, and his ability to pay. Land (Ram) is also used as a fine for homicide and other serious crimes such as adultery etc.17 Usually fine or compensation has to be paid by the culprit within five.

Any offender may be punished regardless of sex or social position. Among the Zeliangrong, the severest punishment is banishment and excommunication. Capital punishment is unknown in the society. Imprisonment is not a part of the tribal system. The character of an offender also plays an important part in determining the attitude adopted towards him. If he readily admits his offence, he may be dealt with lightly, and sometimes even excused altogether. But if he is insolent or obstreperous, even in the overwhelming evidence against him, he will be penalized more severely than usual.18 Similarly, a habitual offender is always more severely penalized than first offender.

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 (Luwang Guarak) to the Pei usually in the form of a pig of five cubits (Guaku Pungu) with pot of wine (Joulai Akhat) for violating the rules of the society. Any animal killed will be feasted in the Pei 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 Zeigan Tumei. Usually a portion of meat of the victim will be distributed among the elders of Pei.

In Zeliangrong society, the head of the family is responsible for all his dependents. He is responsible for the payment of their debts, as well as of any fines imposed upon them or damages awarded against them. But where they commit an offence meriting punishment by beating, it is the actual offender who is punished, and not his guardian. The owner of livestock is similarly liable for any damage they do, provided it can be shown that he has failed to look after them properly. There is a Zeliangrong saying Si Bayita Sipou Phuye, meaning: If dog is mad it is traced dog's owner.

It is here discussed how they administer justice regarding the followings:

Homicide (Meibairoimei): In olden days, head hunting was a widespread practice among the Zeliangrongs. Head hunting is quite different from put to death. Head hunting has its own laws and therefore breach of other customary laws becomes a crime as the murder is not covered by the law of the head hunting. 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 ban against the use of force. The reason of the Khamdanmei is to avoid further bloodshed in the village. Whatsoever happened in the past it was before the declaration of Khamdanmei.

Avengers took the opportunity and killed the murderer or his family members before Khamdanmei and this led to blood-feud in the village. It is done with the payment of a punitive fine (a pig of five cubits with jar of wine) to the Pei. Khamdanmei is performed in the form 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 and 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.

To be continued....