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Administration of Justice in the Zou Society

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Mizoram University Journal of Humanities & Social Sciences (A Bi-Annual Refereed Journal) Vol IV Issue 2, December 2018 ISSN: 2395-7352 eISSN:2581-6780 Administration of Justice in the Zou Society Thansuanhang* Abstract The Zous inhabiting in Churachandpur, Chandel and Tengnoupal Districts inManipur in India have their own customs and practices. It has evolved through a long process of generations in India. In the administration of justice, various cases ranging from petty to even criminal cases are tried and disposed based on customs and practices. This paper attempts to explore the customs and practices of the Zous and study how the administration of justice based on them ensure equality, uniformity and unity in the Zou society. Keywords : Fines,sielpi, salam, zubel, offence, Zumpi. In the administration of justice in the in the Hill Areas) Act, 1956 provides that Zou society, sole importance is given to the village authority shall act as the village its customs and practices. It has had the court (Government of Manipur: 1956, sanction of the society and the civil and 7).This court is empowered to impose a criminal cases are administered by the fine or penalty on anyone found guilty. In chief’s court (village court) and the Zou Zou villages, these courts settled cases in Zumpi.1 The personal cases relating to accordance with the customs of the Zous. marriage, divorce, adoption, inheritance, Any Zou, having complaints against any etc. are normally administered by the other person may make, orally or in household council (Inndongta).2 writing to the village court. Person not satisfied with the decision of the village The Zou customs and practices do not court may appeal to the Zou Zumpi. On conform strictly to the provisions of the feeling dissatisfied with the decisions of enacted laws of India, but the parties are the Zou Zumpi, the person may appeal to free to file cases in the Village Courts, the the Subordinate District Council Court. Zou Zumpi or in the government courts. Normally, most of the cases are settled by COMPILATION OF CUSTOMARY household councils of the two parties on PRACTICES OF THE ZOUS the basis of mutual consent of both the With the passage of time, some parties. The Manipur (Village Authorities changes occurred in the customs and * Ph.D. Scholar, Department of History & Ethnography, Mizoram University, Aizawl, Mizoram. 117 Thansuanhang practices of the Zous living in different kind or both. Fines in term of cash places. Due to the local variations, there payment is innpi sap4 which is originally is difficulty in the operation of the Rs2/- (Vummang and Jamkhogin: 1957, unwritten customs and practices. In order 2) but it has been revised to Rs 100/-(Zou to ensure uniformity among the Zous and Zumpi: 2017, 29). Payment of fines in for consultation by government officials, kind is mostly realized in sielkengding5, the Zou customs and practices are sielpi6 and sielguol7.When siel is not compiled and edited in a booklet entitled available, cow, ox or buffalo is taken as “The Jou Custom Book (Tondan)” by equivalent to siel8. When no such animals Vummang and Jamkhogin, and it was are available a sum not more than Rs 5000 published in 1957. The United Zomi is charged for siel. Generally, the Organization (UZO)3 adopted and requirements for settling any dispute are 9 . 10 accepted this booklet to be used by the zubel or tea, sielpi and salam . Keeping Zou community in India. Since its first in pace with the current price, the United publication the book has been revised and Zou Organization has revised amended in 1983, 2005 and 2016. sielkengding, sielpi and sielguo las equivalent in value to Rs 20,000, Rs 5000 DISPOSAL OF CASES and Rs 500 respectively( Zou Zumpi: The Village Authority (Village Court) 2017, 29). is the final authority in the disposal of PROCEDURES FOR SETTLEMENT disputes in the villages. The members of OF DISPUTE the village court in a sitting arrive at A dispute involving two or more decisions in consultation with the customs persons is settled in the household council and practices and issue orders, but the final (inndongta) level as far as possible. Issues judgement is given by the Chief or the such as misunderstanding in the family, Chairman of the Village Authority. When problems in bride price, problems of a case is filed in the Village Court, the marriage and divorce, etc. are the cases village authorities fix a date and time for settled at this level. hearing. Both the parties are summoned to appear before the village court and the A case which cannot be settled at witnesses of each side are interrogated. If inndongta level is refered to Village Court the evidences given by the witnesses are or a person having grievances with the found to be valid, punishment is awarded. decisions of the inndongta may appeal to When a case is difficult to resolve, oath the Village Court, which is the court of taking is resorted to in the Zou community. the village authority11. The village court is empowered to impose a fine or penalty The nature of punishment or penalty upon any one found guilty. Theft, sexual imposed on the offender in accordance abuse, false accusation, defamation, etc. with the Zou customs and practices is are the cases usually settled by the Village mostly by way of fines either in cash or Court. 118 Administration of Justice in the Zou Society Any person dissatisfied with the accusations, false allegations, rape, decision of the Village Court can make defamation, etc. There are also certain an appeal to the Zou Zumpi. The Zou offences which are serious in nature such Zumpi is the final authority in the disposal as intentional murder or injury and all of cases among the Zous. It has the power cases of homicides. to try cases ranging from minor civil cases to even criminal cases. The person who Offences against Human Beings want to file case in the Zou Zumpi, shall write an application to the Chairman/ 1) Khutkhiel – Bankhiel a tha (Acci- Secretary and submit along with innpi sap dental murder): If any person, without (Zou Zumpi: 2017, 7). After analyzing the any intention, causes death to another per- case, the date and time for hearing is fixed son, it is regarded as accident (khutkhiel- and both the parties are summoned to bankhiel). Such unintentional murder shall appear before the court. The Zou Zumpi be fined a zubel, Innpisap of Rs 100/- and is competent to impose fine or penalty on one traditional Zou shawl to cover the any one found guilty. In the Inndongta, Village Court and Zou Zumpi levels, cases corpse. He or she shall seek compromise are tried and fines are imposed based on with zubel and salam. He or she shall also the prescribed Zou customs and practices. has to pay a fine of five mithuns. Any person can appeal against the 2) Theitangsa a tha (Intentional mur- verdict in the Subordinate District Council der): If a person intentionally causes death Court if the judgement of the Inndongta, to another person it is called murder Village Court or Zou Zumpi goes against (tuolthat). The person committing such the justice and validity of the Zou customs crime is heavily fined. The culprit shall and practices (Johny Lalbiaklian: 1996, be fined a zubel, innpi sap, one traditional 92). Cases settled in the Subordinate Zou shawl to cover the corpse. He or she District Council Court are inter-village shall be fined zubel and salam( of mith- riots, inter-village land disputes, etc. un) as an act of compromise( Vummang Today, police stations and magistrates’ courts have been established throughout and Jamkhogin:1957, 2). He or she shall the hill areas, and the police authorities, also has to pay a fine of ten live mithuns. on receiving any serious case take up 3) Khutkhiel-bankhiel Liemna (Unin- investigation and submit charge sheet to tentional injury causes to a person): If the magistrate. any person causes an injury to another TYPE OF OFFENCES person, he or she shall bear the expenses There are various nature of offences incurred in the treatment of the injured in the Zou community. The offences person. He or she shall be fined zubel and includes petty theft, adultery, wrong a pig. 119 Thansuanhang 4) Khutkhiel-bankhiel Sisan kisuo the expenses incurred in the treatment of (Unintentional bloodshed): In a fight or the injured person. On recovery of the physical assault, unintentionally causing injured person, the offender shall kill a pig bloodshed, the person who shed the blood as an act of cleansing the house. If the first is considered as offender and he or victim dies, the offender is bound to be she shall be fined a salam and a mithun. fined a zubel, innpisap and one traditional He or she shall also bear the expenses Zou shawl to cover the corpse. He or she incurred in the treatment of the injured shall be fined zubel and salam as an act of person. On recovery of the injured person, seeking compromise. He or she shall also the offender shall kill a pig as an act of has to pay a fine of ten mithuns. If the reconciliation (S.Kamzakhai:1985, 4). intruder sustained injury he cannot claim anything from the house owner. However, 5) Tupmawng a mi thasawm (Attempt the house owner may console him with to murder a person : ) If any person zubel and one young mithun. intentionally causes injury to another person by using knife, axe or gun, it is 8) Guta (theft): Taking away of the considered as an attempt to murder.
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