Atina Pamei
Women’s Human Rights versus Customary Laws
Naga men and women take pride in their identity, culture and traditions. Young and old Nagas speak with passion of Naga nationalism and the struggle for their right to self-determination. Traditions, religion, art, music, language, dress, food, drinks are the pillars of contemporary Naga culture and lifestyle. To the outside world, Nagas are seen as people of courage and bravery.
In Naga society, the safety of women is paramount; men safeguard their mothers, wives and sisters. Naga women, traditionally considered peacemakers and mediators, continue to take up this role.
However, there are also many untold injustices and discrimination perpetrated against Naga women in the name of culture and traditions.
Naga women, much like indigenous women in other parts of the world, are victims of multiple forms of oppressive violence because of unequal gender relations backed by customary laws and practices. Violence perpetrated against women can be physical, emotional and psychological, economic, political and cultural. Customary laws are manipulated in the interest of male members of the society.
Articles 1 & 2 of the Universal Declaration on Human Rights state that “All human beings are born free and equal in dignity and rights… Everyone is entitled to all the rights and freedoms…. without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status . . .”
Oblivious to this, a traditional patriarchal system wherein the woman is considered subordinate to the man is still upheld in Naga society. This stood affirmed when women were denied even 33 percent reservation of seats in Nagaland State’s decision making bodies in the name of customary laws. This is an outright violation of rights to equal participation in political processes. The other classic example is the continuing denial of inheritance rights to women.
Naga women face many more issues of discrimination and oppression under the umbrella of ‘custom and tradition’ that cannot be discussed openly till date, thereby placing Naga women in an Invisible Prison.
Here are a few other examples: Many Naga communities treat domestic violence as ‘internal matters.’ The culture of silence around domestic violence is strong and even family members alienate victims of sexual abuse who seek justice as this is regarded shameful for the family or clan. Women’s rights are suppressed in the family relationship such as in case of divorce or separation; custodial rights of children are not granted to the mother under customary laws, nor do women have rights to inherit or divide property. A married woman does not have a permanent place in her husband’s house; she has the right to live there as long as the husband lives, but once she is widowed, she has no choice but to return to her parents’ family. Dispossession of property upon the death of the husband is another discriminatory practice. A widow who returned to her parents’ house generally does not have any control over the property of her parents and she has to live at the mercy of her brothers or relatives. Again, while a man can marry as many times as he wishes, a woman is looked down on when she remarries.
These discriminatory practices and views against women, through customary laws, need to be addressed by the wider Naga society by, first, acknowledging and recognizing the need for gender equality and, second, by adapting to the changing realities and environment that require changes in social relations to ensure respect for women and recognition of their role and contribution in society as equal to men. Our traditional culture also holds the seeds for condemning violence against women – we just need to look more into them. For a change to happen the Naga men need to be confident in the way of accepting women as their equals.
This is part of a series of ‘Guest Editorials’ run by The Morung Express. Comments can be sent to atina.pamei@gmail.com
