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Women and Legal Pluralism: a Study Among Hmars of Manipur

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Women and Legal Pluralism: a Study Among Hmars of Manipur WOMEN AND LEGAL PLURALISM: A STUDY AMONG HMARS OF MANIPUR THESIS SUBMITTED TO INDIAN INSTITUTE OF TECHNOLOGY GUWAHATI IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE AWARD OF DEGREE OF PHILOSOPHY By RUTH LALSIEMSANG BUONGPUI Roll No. 09614114 DEPARTMENT OF HUMANITIES AND SOCIAL SCIENCES INDIAN INSTITUTE OF TECHNOLOGY GUWAHATI ASSAM-781039, INDIA MAY 2016 Indian Institute of Technology Guwahati Department of Humanities and Social Sciences Guwahati -781039 Assam, India DECLARATION I hereby declare that the thesis entitled, “Women and Legal Pluralism: A Study among Hmars of Manipur” is the result of research work carried out by me at the Department of Humanities and Social Sciences, Indian Institute of Technology Guwahati, under the supervision of Dr. Sawmya Ray. The work has not been submitted either in whole or in part to any other university/institution for a research degree. IIT Guwahati Ruth Lalsiemsang Buongpui May 2016 TH-1742_09614114 Indian Institute of Technology Guwahati Department of Humanities and Social Sciences Guwahati-781039 Assam, India CERTIFICATE This is to certify that Ms. Ruth Lalsiemsang Buongpui has prepared the thesis entitled, “Women and Legal Pluralism: A Study among Hmars of Manipur” for the degree of Doctor of Philosophy at the Indian Institute of Technology Guwahati. The work was carried out under my supervision and in strict conformity with the rules laid down for the purpose. It is the result of her research work and has not been submitted either in whole or in part to any other university/ institution for a research degree. IIT Guwahati Dr. Sawmya Ray May 2016 Supervisor TH-1742_09614114 CONTENTS Acknowledgements Page No. 1 Chapter-I Introduction 51 Chapter-II Review of Literature 114 Chapter-III Legal Pluralism among Hmars Gender, Customary Law and Church: Legal Chapter-IV 161 Pluralism and Its Impact on Hmar Women 240 Chapter-V Conclusion References 254 Appendix-A Interview Guide 275 Appendix-B Abbreviations 281 Appendix-C Glossary 282 Appendix-D Map of field sites 287 Appendix-E Photographs 288 Appendix-F Types of Administrative Structure for the 297 Tribes of North East India TH-1742_09614114 Acknowledgements I express my sincere gratitude to my supervisor Dr. Sawmya Ray, Associate Professor, Department of Humanities and Social Sciences, IITG for her consistent encouragement and guidance throughout this journey. Her insightful suggestions and comments have broadened my theoretical and methodological understanding and helped me explore many issues, which may have left unexplored. There were times when I was perplexed with my work but she has guided me patiently throughout. I also thank my doctoral committee members Prof. Liza Das, Dr. Sambit Mallick, Dr. Rajshree Bedamata for their comments and feedback. I am thankful to Prof. Rowena Robinson, Prof. Lal Dena, Dr. Melvil Victor Pereira, Dr. V. Sawmveli, Dr. John Thomas and Dr. Ngamjahao Kipgen for their valuable suggestions. I also thank the teaching and non-teaching staffs, my fellow research scholars of the Department of Humanities and Social Sciences, IITG for their help and support. I thank Indian Institute of Technology Guwahati for granting me fellowship during my research work. My sincere thanks to all my respondents for their hospitability, participation and their valuable opinion, whose name could not be listed here for want of space. Without their participation, this work would not have been possible. I also thank the staffs of the various libraries and archives for their help and permission to access and collect materials needed for the study. My sincere gratitude to my husband, Joseph Lalremruot, for his unwavering support, patience and encouragement. To my beloved daughter, S. Zephaniah Lalhrietkim, I thank you for your understanding, patience, and prayers. I thank my parents Kamdinglien Buongpui and Thanglienzo, my brother, sisters and my extended family members for their constant support and prayers and for believing in me. I thank God for His blessings upon me and for leading me this far. IIT Guwahati RUTH LALSIEMSANG BUONGPUI May 2016. TH-1742_09614114 CHAPTER-I INTRODUCTION This study attempts to understand women’s lives in the context of existing legal pluralism among Hmars. It attempts to look at the ways in which different legal orders deal with issues related to Hmar women, and the negotiations, if any, that Hmar women make through such legal pluralism. Data for the study was garnered through feminist ethnography conducted for two years at intervals in Rengkai, Thenmuol, Ngurte, and Langza villages of Churachandpur District, Manipur. Interviews, case studies, observation, informal interaction, and participant observation at church meetings were used as tools for data collection during ethnography. Besides informal conversations, interviews were conducted with 89 respondents. 57 male respondents and 32 female respondents were interviewed. 32 cases solved through customary law were collected from Hmar community elders and members. 7 state court cases were also collected from Family Court, Lamphel, Imphal, for the period 1993–2013. For archival research, state and private archives were accessed to collect documents related to customary laws in Manipur. Content analysis of church manuals and records was also conducted. Based on ethnographic data collected, this study argues that customary law is intrinsic to Hmar life and is considered integral to Hmar identity, so much so that, any attempt at circumventing customary law is stigmatized. Existing jurisprudence within Hmar community is an intersection of church law and customary law without any clear-cut dominance of one over the other. Christianity brought in new forms of patriarchy. 1 TH-1742_09614114 Existing Hmar patriarchy converged with patriarchy of the church, thus reinforcing women’s subordination. As church and customary law functions almost integral to each other, it does not grant much space to access one over the other. However, in matters of divorce and child custody, despite the larger overlap of patriarchies, women do create space to negotiate and further their interest. Women’s groups though aiming to improve the status of women, largely function within the dictates of the church and customary law, and eulogize notions of ideal woman and “good” wife. The documentation and review of Hmar customary law is taken up by all men’s review committee and is gendered both in ideology and membership. Women’s voices are systematically marginalized within this review process. There is no intention of reviewing customary laws on inheritance, bridal gifts, child custody, and divorce which are inherently discriminatory towards women, or, to bring in new laws on gender violence. Statement of the Problem Customary laws are treated as obligatory rules to be accepted by all members. They are an intrinsic part of life, worldview, and the very identity of many indigenous communities (WIPO: 2013). ‘Customary law consists of customs that are accepted as legal requirements or obligatory rules of conduct, practices and beliefs that are so vital and intrinsic part of social and economic systems that they are treated as laws’ (Black’s Law Dictionary: 2004: 1165). Women’s lives become central to this discourse as their lives are to a larger extent confined to the personal sphere. With the Constitution granting certain communities the right to deal with civil cases through 2 TH-1742_09614114 personal and customary laws, customary legal forums operate with state sanctions. It is in this context of customary law being granted both social and state sanctions, and immensely determining women’s lives and rights that study on women and customary law becomes important. Further, given the presence and operation of both church law as well as state laws along with customary laws in Hmar community, any study on women and customary law necessitates placing of such study within the framework of legal pluralism. This study therefore is an attempt to understand women and Hmar customary law within the larger milieu of legal pluralism. Background of the study The annexation of Northeast India in 1826 led to British East India Company getting foothold over the political administration (Nongkynrih: 2009). Before their annexation, the entire Northeast region remained outside the Indian subcontinent with independent kingdoms and chiefdoms within itself. With the ‘exception of Meiteis in Imphal valley and Assamese in Brahmaputra valley, the hill people remained outside the orbit of Hindu influence and caste based societal formation’ (Dena: 2008: 198). Various ethnic communities lived in hilly, isolated, and segregated habitats (Chatterjee: 2010). They had their respective language, and social, economic, cultural, and political institutions. Inter-tribe feud and the practice of head-hunting were very common among the tribes (Downs: 1994). Each community in the region had their respective ‘decentralized and democratic government’ (Chatterjee: 2010: 4), and ‘well-defined territory with clearly defined boundaries’ (Khongreiwo: 2009: 450). 3 TH-1742_09614114 They were mostly under the control of their chiefs. The chiefs acted as the judge and took the final decision in all matters within their jurisdictions according to their respective customary law (Gangte: 2010). Colonial rulers believed that an elaborate system of administration as in the plains would not be suitable to the hill men since they had never experienced the art of a modern system of governance. Therefore, these areas were kept outside the purview
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