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Customary Laws

Customary law, a foundational pillar of many indigenous societies, represents a collection of rules and norms that have been consistently and uniformly observed over extended periods. It embodies the totality of a tribe's customs, meticulously passed down through generations, thereby shaping the community's social order, ethical framework, and daily life. For the Rongmei (also known as Kabui), a significant constituent of the Zeliangrong Naga group, their customary laws reflect a deep connection to their heritage, regulating aspects of family life, property, marriage, and community governance. Here are some of the key customary laws prevalent among the Rongmei and Zeliangrong people:

Customary Laws of the Rongmei (Zeliangrong) People:

  1. Patriarchal and Exogamous Social Structure: The Rongmei operate within a strictly patriarchal social framework, where descent and lineage are traced through the male line. Despite this, their society is characterized by numerous exogamous clans, meaning individuals must marry outside of their own clan. This practice prevents endogamy and fosters inter-clan relationships and broader social cohesion.¹ Husbands and wives are therefore forbidden from belonging to the same clan, a fundamental rule ensuring exogamous marital practices.²

  2. Property Inheritance for Males Only: In alignment with their patriarchal structure, customary law dictates that only male members are eligible to inherit property, primarily land and ancestral assets. This excludes women from direct inheritance of immovable property within the traditional system.³

  3. Inheritance of the Family Home by the Youngest Son: A specific and significant aspect of Rongmei inheritance law is the custom of the youngest son typically inheriting the family home. This practice ensures continuity of the household and care for aging parents.⁴

  4. Marital Customs and Bride Price: The marriage ceremony involves specific customs, such as the bride's family traditionally bringing a large rooster to the groom's house, symbolizing fertility and good fortune for the new couple. Additionally, a bride price is traditionally paid by the groom's family to the bride's family, signifying the alliance between the two families and compensating for the loss of a daughter's labor and companionship.⁵

  5. Divorce Laws: Customary laws permit divorce under certain circumstances, though it is not taken lightly. Grounds for divorce typically include adultery, desertion, cruelty, or persistent inability to bear children. The process often involves mediation by village elders, and in cases of divorce, issues such as the return of bride price and custody of children are settled according to specific customary stipulations.⁶

  6. Village Council Authority: Village governance among the Rongmei is largely managed by a council of elders, often referred to as the Pamei or Kamei (village council). This body holds significant authority in judicial matters, dispute resolution, and community administration. Their decisions are binding within the village jurisdiction, and they uphold customary laws in all aspects of community life.⁷

  7. Land Tenure System: Land is primarily considered communal property, managed and distributed according to customary laws by the village council. While individual families may have rights to cultivate specific plots (often jhum land), the ultimate ownership generally rests with the community. Transfer of land outside the community is typically restricted by customary norms.⁸

  8. Dispute Resolution: Disputes, whether inter-personal, familial, or concerning property, are resolved through traditional reconciliation methods overseen by the village elders or the village council. Emphasis is placed on restoring harmony within the community rather than punitive justice. Punishments, when necessary, might include fines (often in kind, like mithuns or pigs), social ostracization, or restitution.⁹

  9. Role of Women in Society and Church: While customary laws traditionally limit women's rights in property inheritance and participation in village council leadership, Rongmei women play a significant and active role in their church and various social activities. They are the custodians of cultural knowledge, traditional weaving, and religious practices. However, as noted, their substantial contributions have historically not translated into equitable status or formal recognition within the customary legal framework, especially concerning land rights or political decision-making, leading to ongoing advocacy for reform.¹⁰

  10. Customs Related to Death and Burial: Rongmei customary laws also govern practices related to death, burial, and mourning. These include specific rituals for preparing the deceased, the conduct of funeral rites, and a period of mourning observed by the family and community. These customs are vital for ensuring the peaceful passage of the deceased and maintaining community cohesion in times of grief.¹¹

These customary laws collectively form the bedrock of Rongmei social life, reflecting centuries of accumulated wisdom and practices designed to maintain harmony, regulate social relations, and preserve their unique cultural identity. However, like many customary legal systems, they face contemporary challenges from modern statutory laws, economic changes, and evolving social norms, particularly concerning gender equality and land rights.


Bibliography:

  1. Agarwal, Bina. (1995). "Gender and Legal Rights in Agricultural Land in India." Economic and Political Weekly 30, no. 12: A39-A56. Accessed July 29, 2025. http://www.epw.in/system/files/pdf/1995_30/12/review_of_agriculture_gender_and_legal_rights_in_agricultural_land_in_india.pdf.

  2. Agarwal, Bina. (2010). Gender And Green Governance: The Political Economy of Women’s Presence Within and Beyond Community Forestry. New Delhi: Oxford University Press.

  3. Amer, Moamenla. (2013). "Political Status of Women in Nagaland." Journal of Business Management & Social Sciences Research (JBM&SSR) 2, no. 4: 91-95.

  4. Barooah, Jeuti. (2011). Customary Laws Of The Kabuis Of Manipur (With Special Reference to their Land Holding System). Guwahati-1: Law Research Institute, Eastern Region, Gauhati High Court.

  5. Beeju, Kamei. (2014). "A Way of Life of the Zeliangrong Nagas in Manipur: Special Reference to Rongmei (Kabui) Tribe." International Journal of Social Science and Humanity 4, no. 2: 151-154.

  6. Fernandes, Walter, Melville Pareira, and Vizalenu Khatso. (2008). Tribal Customary Laws in Northeast India: Gender and Class Implications. Guwahati: North Eastern Social Research Centre.

  7. Fernandes, Walter, Melville Pareira, and Vizalenu Khatso. (n.d.). Customary Laws in North East India: Impact on Women. New Delhi: National Commission For Women. Accessed July 29, 2025. http://ncw.nic.in/pdfreports/Customary%20Law.pdf.

  8. Hungyo, Pearson. (1993). "Chieftainship And Customary Laws Among Ttangkhul Naga Of Manipur." In Tribal Ethnography: Customary Law and Change, edited by K.S. Singh, 37-42. New Delhi: CONCEPT PUBLISHING COMPANY.

  9. Newmai, Hunibou. (1998). "The Status of Women in Zeliangrong Society." In Women in Naga Society, edited by Lucy Zehol, 42-46. New Delhi: Regency Publications.

  10. Parwez, M. (2012). "Customary Laws and Practices in North East India." Indian Journal Of Applied Research 2, no. 3: 81-82.

  11. Rongmei Naga. (n.d.). Wikipedia. Accessed July 29, 2025. https://en.wikipedia.org/wiki/Rongmei_Naga.

  12. Singh, K.S. (1993). Tribal Ethnography: Customary Law And Change. New Delhi: Concept Publishing Company.