My tryst with Naga Customary Law: A woman’s perspective

I was born and brought up by parents who practised indigenous religion. Customary laws to me then was taboos and Gennas which was for the good of the whole village. I am from a family without natural male siblings, though was fortunate to have many brothers from my paternal as well as maternal side without whom life could have been difficult. However, customary law did gave many a sleepless night to my widowed mother because of property related issues, certainly not claimed by the daughters but some others who needed it in a hurry.  The taboo that inheritance right should not be forcibly claimed upon until a given right time was ignored. Patriarchy in Khonoma, as my research revealed, is very strong but cases of discrimination towards widows without male heir or sisters without male siblings are scarce which I greatly appreciated.  A society where the father heads the family is the best, especially if the father heads his family in a fatherly and trusted manner. I prefer the Naga system over the Khasi system definitely.

    However; recently (without their permission let me cite), my friend and her two sisters, who are without male siblings, had to undergo gruelling times trying to protect an acquired property in Dimapur, gifted to them by their parents, because their paternal cousins wanted to exact their due share even where ancestral linkage was totally absent. My friend and her sisters are well educated but misinterpretation of customary laws haunted them and made their life a living hell. This I feel is not right at all. Customary law is King in a tribal society and it is perfectly, logically, the most preferred system all over the world. My only worry is when we go for selective indulgence/ inclusive or exclusive misuse of customary laws which I feel should have no place in an ideal patriarchal system.  Decision-makers, be it men or women, at all levels must address the issues that matters and make life better for all and sundry. Article 371(A) is good for us but the good must not be converted into a draconian Act to stifle the present and up-coming generations. Use the Act to preserve our traditions and culture in keeping with the present times and needs. If we are to head-hunt in the present day and try to justify with Article 371 (A), will it make sense? Certainly, Nagas have much to do! 

Visakhonü Hibo



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