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Authorship

Text: Maring Uparup Assembly (MUA)

Project coordinators: Parhai Kothil, Pastor Ezekiel Keisha, Khullak Mokhulshim, Larung Koin Dangshawa, Kansam Moran Kleya and Dangsawa Moran Maring.

Photographs: Rashingam Ngoruh and Ramesh Angom.

Design concept: Muidou Makunga

Indpaedia conversion: Parvez Dewan

CUSTOMARY LAWS

CUSTOMARY LAWS OF THE MARINGS VIS-À-VIS SOCIAL STRUCTURES

FAMILY

A Maring family consists of husband, wife and their unmarried children. Marings have a patrilineal society; continuity of each generation is genealogically linked up through male. The husband is the head of the family. It is the customary law of the Marings to relinquish the house in favour of the eldest son as soon as he marries. The parents and the unmarried children, if any, will be helped by their clan members and the villagers as whole to build a new house.

The revered articles such as ritual stones and associated properties remain in the original home. The parents may however, choose to stay with any of the sons if they wish. But the eldest son (Pípā) bears the whole responsible of looking after the parents as long as he lived. The rule of primogeniture provides the right to property to the eldest son only. As head and custodian of the household affairs, it is the duty of the father to look after and maintain the household affairs. He has the authority to give consent in marriages of his sons and daughters. He represents his family in the clan meetings and village meetings or community works. He also represents his family in the court. The maintenance of the family is being shared by the married sons with the active co-operation and help from their unmarried sons and daughters.

The orphans, posthumous children and widows are treated as members of the family entitling them to enjoy equal share over the properties of the village(s) or community.

A widow with a son is treated as family, but in the absence of son, she may be exempted from paying certain taxes and physical activities of the village(s). A formal declaration has to be made to the villagers as a family wages due to the death of male descendants. The declaration is made by the nearest relative of the vanishing family either on the event of the death of last male descent, or on the marriage of the last daughter (on the very next day of the event). This declaration is called “Ruikûk” in local term. The declaration is basically making known to the villagers that their family has ended its lineal structure and henceforth neither village taxes will be paid nor will participate in any other village activities in the name of the family. After Ruikûk, the nearest relative offers a pig and rice beer to the villagers. Children are under the control of the parents till they get married.

Marriage

The practice of both monogamy and polygamy (Nû manthrîn/Rumei Kanthring) in local term, were prevalent in the tradition of Maring society. Besides, the differentiation of a wife’s status in Maring was closely connected with polygamy. The first wife enjoys the highest position and is considered superior to other wives (second wife or concubines). No formal ceremony is performed in the case of later marriages. The junior wives or non-major wives are not entitled to any separate house. In the case of levirate, the deceased brother’s wife will enjoy the right of a formally married wife. One of the junior wives does not have a claim. In such a situation rights of inheritance is recognized on the basis of seniority.

Betrothal

Marriage proposal and negotiation is an elaborate customary practice. Formalization of marriage takes three years. During this period, pre-marriage ceremony (nû’kngai) has to be performed three times. On the last occasion bride price is given symbolizing the final stage of marriage ceremony. On that day, community feast is being arranged at the house of the bride by the groom’s party. The bride price (mȧnlám) is valued in terms of gongs (mȧndār), Mithun (Shirim) of not less than three years old, a sum of rupees thirty or along with rupee six as a price for feeding mother’s breast. The gong should measure seven kãps. The gong may be replaced by cash, in case of its un-availability. In recent years, a Mithun along with rupees sixty is generally accepted as the bride price. In case of marriage by elopement, the “nû’kngai” process is not performed.

If the girl, after nû’kngai (after the completion of all the formalities) eloped with another boy, violating the agreement, a heavy fine consisting of three mithuns of not less than three years old, associated with three pigs, three chickens, three jars of rice beer (Waitũl-khang) and gongs of six kāps would be imposed on the new couple. If the new husband belongs to the same clan the fine will be reduced to one-third. In addition, the boy will be required to pay a fine of two gongs (mȧndār). One of it should be seven kāps and the other six kāps to the earlier husband, so as to prevent him from demolishing his house.

Conditions relating to Marriage

A marriage to be valid according to the custom must necessarily conform to certain conditions. The conditions are:

1. Age of Marriage

The Nagas have unique institution commonly known as Rkhāng (Morung) in Naga term. It is the Bachelor and Maidens dormitory. The Marings too had this institution called Rkhāng. Any boy or a girl before entering into marriage life is required to be a member of these dormitories. Membership of the dormitory is a pre-requisite qualification as young boys and girls getting train in every field to lead an independent and socially responsible life.

1. Prohibition

The Marings strictly follow clan exogamy in case of marriage between two parties and prohibit clan endogamy. If and when a marriage takes place in violation of the custom of clan exogamy, the marriage is regarded as void. Such a union is called ‘Pinglam’ in local term (i.e. incest). A violation was banned from participating in ritual practices called ‘Kholamal’. Besides, the violator has to fine (múngna) in terms of pig(s) and rice beer to the villagers. Depending from village to village, some would kill a goat and a chicken. The chicken is split into two equal parts and is buried. The village priest called ‘Theem’ performs the whole rites. If a girl, while she is still in the Rkhāng becomes pregnant (Selam-ur) she is fined with a pig and a pot of rice beer by the villagers. Such incident or event is called ‘Rkhāng touborhnei’ and the fine imposed is called ‘Chui’ or ‘Leichui’.

Matrilineal Cross-Cousin Marriage

Marrying a daughter of a mother’s brother is a preferred one and is known as ‘Pũwachã mánnei’ loukril. Marrying a daughter of a mother’s sister is not allowed. But if there are such unions, there is no strict custom to regulate it. Such union is called ‘Thlam-chárcha). The village exogamy formally, not to speak of Tribal exogamy, was a strict rule and is no longer observed nowadays.

Since clan exogamy is a strict customary rule, no two persons related by blood on the father’s side can marry. This is a prohibition based on the ground of congeniality (i.e.relationship by blood or by birth). The Maring society is not very strict in applying prohibition on the ground of affinity. A Maring may marry his brother’s widow or his deceased wife’s sister. Marrying an elder brother’s widow is more common than marrying younger brother’s widow. A Maring can neither marry his wife’s mother or grandmother nor can a Maring woman marry her daughter’s husband.

Marriage between the foster children is possible among the Marings if the adopted son and daughter are from a different clan and stand in a marriageable relation.

Consent

The marriage alliance between two individuals of the opposite sex is also an alliance between the exogamous clans and two family units. Hence, parental approval is a must. Marriage is also needed for successful accomplishment of the needs of agriculture-based economy. Therefore, before giving consent to their marriage the parents judged whether they will be able to cop with the ever-challenging situation of the society for their living.

1. Marriage by payment

Marriage by payment is the general practice among the Marings. The bride price consists of either a Gong of seven kaps or a Mithun. The animal to be given should be at least of three years old. In addition, Rs.6/-(six) is to be given to the bride’s family.

2. Secondary Marriage

Secondary marriages are neither enjoyed nor compulsory. The Marings practice both senior and junior levirate i.e. if the elder brother dies either with or without an issue his younger brother may take the widow of the deceased. It is also permitted for the elder brother to take the widow of the younger brother though it may be a rare practice. Surrogate is also practiced by the Maring Nagas.

3. Elopement

Elopement was practiced in the past and it is in vogue.

4. Concubine

The practice of keeping concubine or more than one wife (nûkhu-niyal dun) is an accepted norm amongst the Maring Nagas. No formal ceremony is performed in the case of the second or third marriages.

Registration of Marriage

Registration of marriage (Ruichal) in the clan is a must among the Maring. Besides, with the spread of Christianity when the people prefer Church Marriage in accordance with the provision of Indian Christian marriage Act, the registration of marriages has become necessary along with the customary procedure.

Guardianship in Marriage

The Maring Naga being patri-centred, the father is the head of the family and is the guardian and protector of the family. Since the father is the head and main custodian of the family, he acts as the guardian in marriage. In the absence of a father, the eldest brother acts as the guardian of the family and so he becomes the guardian in marriage too.

Restitution of Conjugal Rights

A marriage performed in accordance with the prescribed customary procedure and full formality gives the status of husband and wife to the parties and with certain mutual rights and duties to each other. One obligation of such party is to leave in each other’s society. If and when any of the parties to the marriage withdraws from the society of the other without any reasonable cause, the affected party may approach the clan head and to the village court who will enquire and look into the grievances of the aggrieved party. On such consideration, if it is found that such withdrawal by a party is without any reasonable cause, a direction is given to the other party for restitution of conjugal right.

Divorce

The local term for divorce is “Nû-Khãina” or “Shál-khãina”. The practice of divorce among the Maring although very uncommon is a prevalent custom. When any of the parties to the marriage violates the sanctity and matrimonial rules, then the other party may be asked for a divorce. If it is found that the grounds on which the divorce is sought for is reasonable and well founded, an order for the solution of the marriage tie is generally given. The grounds on which the divorce can be sought are adultery, desertion, and by mutual consent.

Re-marriage

There is no bar either for widow, widower or a divorce to marry for a second time after the dissolution of the earlier marriage. A widow or widower or a divorce may remarry immediately after the divorce is granted or soon after the death of the spouse, if he or she wishes. But for a widow or a widower, it is preferred that he or she can marries after a lapse of a year or after the death of the spouse.

A widow on remarriage has to abandon all her claims of her deceased husband’s properties because the said properties cannot be passed over to any other clan. Accordingly, a widow is permitted to marry the brother of the deceased because in that case, the properties would remain in the same family and she can retain all her deceased husband’s properties.

Custody of Children

All weaned children belong to the husband or his clan and it can be claim by him as his heirs, in case of divorce. The woman may keep un-weaned children for care and nursing but the children are to be returned to the father after a lapse of one or two years or even more.

Period of minority

The period of minority among the Marings depends on the minors’ physical structure and his or her capacity to participate in the community’s work as a full able bodied person. Until a boy or a girl attains this stage, he or she is considered a minor.

Guardianship among the Maring Nagas

There are two types of guardians under the Maring Naga Customary laws: They are as follows:

1. Natural guardian

Father is the natural guardian of a minor child and he is held responsible if his minor child commits any misdeed in the society. On the death of the father, the mother is the natural guardian if she remains unmarried. Usually, on the death of the father, the eldest son becomes the guardian of his minor brothers and sisters until they attain adulthood. He also maintains his father’s family and properties.

2. Secondary guardian (Nearest relative guardian)

On the death of natural guardian of minor children, it is the duty of every member and their nearest relative to look after the minor children and their properties. In this connection, if necessary their clan members and relatives may appoint guardian to bear the burden of looking after the children when they have no nearest of kins to take charge of the minor ones.

A widow who has remarried despite having a minor kid(s), may take her minor children to her second husband’s house for their upbringing with due approval from the deceased husband’s relatives. But she and her second husband cannot claim the children to be theirs.

3. Power of Alienation by guardian

It is a natural duty of a guardian to manage and to look after not only the minor person but also his properties. The properties of the parentless minor child is managed and maintained by the nearest relative till attainment of maturity of the child. A widow who is the guardian of the minor children can sell the properties left by her husband if necessary, for the welfare and benefit of her minor children. The guardian appointed can also sell the deceased’s properties; for the sake of their maintenance with permission from the clan members and other close relatives. The nearest relative can also sell the deceased’s properties to repay the latter’s debt if any. A guardian can never have personal claim over the minor’s properties or any part thereof.

4. Controlling powers of guardian over minors

Parents being the natural guardians of the minor has unlimited and unfettered power over the minor. But even when the eldest brother or the nearest kin becomes the guardian, they cannot alienate the property belonging to the minor without the expressed consent and permission from the clan members and close relatives.

5. Deposed of secondary guardian

A guardian appointed by the clan members and close relatives can be removed by them if he fails to discharge his duties or if he tries to put personal claim over the minor’s properties. If he ill-treats or neglects to take proper care of the minor or if he abuses the trust reposed on him or if there is misconduct on the part of the guardian appointed, then he can be deposed by the clan members and close relatives who had appointed him as the guardian of the minor.

Adoption

Adoption in local term is “Chã Kyũk.” Adoption is not practiced in the true sense among the Marings because even if a child is adopted by someone, the adopted child’s relation or tie with the original parents is never severed. However, the provision for adoption is made for anyone willing to adopt a son or a daughter. The question of adoption comes in when a couple has no issue who could look after them in their old age. Usually, adoption is within their own clan but there is nothing to stop them adopting child from a different clan. But if a child is from different clan, he cannot claim rights of inheritance of his adopter parents. If the adopted child does not prove worthy of adoption, he/she could be cast out from the family. Adoption and care of a childless couple becomes the responsibility of their nearest kin in the clan, or sub¬clan who consider it as their duty. They are also entitled to inherit whatever material properties the old couple might have acquired during their lifetime. Therefore, there is a custom of automatic devolution of responsibility by which the nearest relative of the couple has to look after them. However, if the couple adopts a son, it becomes a bounding duty of the adopted son to look after the adopted parents in their old age.

Whenever an adoption takes place in a family, the adopted son or daughter need not follow the customary rules of the adopting clan, as he/she does not become member of the clan, which his/her natural parents belong. Accordingly, the adopted son/daughter can marry anyone who belongs to the adoptive parents’ clan if they stand in the marriageable relation. But if the adopted son/daughter is from the same clan of the adopting parents, he/she can not do that, but he/she can marry to any other clan(s).

Maintenance in Maring Society

The clan is a basic unit in the Maring social structure. This unit is automatically taken to be an extended family to which all the members of the clan belong. The spirit of cooperation among the clan members as well as among the members of the kin group is very strong. In case of any difficulty faced by a particular member or members due to natural calamity or otherwise, the clan members and relatives come forward voluntarily to give relief and support. The mutual rights and duties of the kin group and clan members are the mainstay of the Maring society.

Liability of Maintenance

A Maring man is under a personal obligation to maintain his wife, sons and daughters and at the same times aged parents when they come to stay with him.

The father is solely responsible for maintaining his family so long as he is active. After his death or during his old age, the burden of maintaining the family automatically passes on to the eldest son if he has attained the age of maturity. If the father dies, leaving minor children or widowed wife, his brother or any other nearest relatives is responsible to maintain them. If the widow deserts her children by remarrying another man, it is the bounden duty of her earlier father in law or elder brother to look after the unmarried grand childrens or sons and daughters in case of the latter. Besides maintenance, he is to provide them with all sort of marriage price on the occasion of their marriage. The lunatic or any other physically challenged children are maintained by their parents or whoever is the head of the family.

A widow after the the death of her husband, is looked after by her relatives and she becomes the responsibility of the clan as a whole. It is the moral obligation of the father-in-law or husband’s brother or any other close relatives to maintain the widow provided she remains unmarried in her deceased husband’s house. The maintenance of the widow is done out of her deceased husband’s properties and helped by the deceased husband’s close relatives.

The maintenance of illegitimate child is always a charge for the putative father. A child born out of illegal relation is called “Selam Chã”. Legitimacy of an issue born out of illegitimate sexual relationship is ensured by compelling the couple to get married with public approval if the parents stand in marriageable relation and outside the prohibited degree of relationship.

THRŨ-LHÛK

Thrũ lhûk is the restoration of the girl as a member of her parental family member from her in-laws family after the death of her husband provided she is barren and childless. This is a rare case when the family of her deceased husband has no other brothers/relatives to marry her or look after her. This is done under the mutually agreed terms of the two families.

NǙ-TRǙN

‘Nû-trûn’ is a peculiar term used by the Marings in their customary marriage laws and norms since their forefathers days and still prevails in the society. When a young man got married with a girl from a particular family where there is no male child/son/heir, he has to stay with his in-laws house a minimum of three years after all the processes of nû-trûn is settled and completed. He has to stay at his in-law’s family for the sake of his nû-trûn duties, shouldering the sole responsibilities of the family in the village and the community. At the same time he is bound to cleave unto his wife during this period and can have children born to themselves. Both the husband and wife can also work and earn, save properties for themselves for their future life after the nû-trûn period is over. But, so long as they stayed in this period they can not be counted as a separate family from his father-in-law’s family. Hence, his social obligation in the village or community is bound to his in-law’s family. But as soon as the couple is freed from their in-law’s family, they will be counted as a separate family in the society, village or community in regard of all their social obligations.

LAND HOLDING SYSTEMS AMONG THE MARINGS

In the Maring society, land is considered as the most valuable and important resources, which requires to be put to the best productive use for the welfare of the people. The land is treated as free gift of God. The land of Maring is divided into two viz. plain areas and hill areas. The Land Revenue and Land Reform Act of Manipur 1960 are enforced in the paddy field of the plain areas only whereas the Act does not cover the hill areas.

The land used among the Maring society can be divided into different type and the system of holding varies from village to village. The land can be categorized into four categories as:

(1) The land set for the purpose of residence of the villagers is known as settlement area or Yultlai-Mèilamril. Each individual family has plot with kitchen garden in which they grow vegetables for domestic use. But the ownership of the land remains with the village. It should be borne in mind that the household plot where the individual resides can be used as long as the family exist but in case, the family changed their residence; any family from the village can occupy the land for residential purpose(s).

(2) The second category of land use is known as Jhumland or Pāmloú (shontrun loú) in local term or Kȧngloú. There are many plots for Jhum or shifting cultivation. The village community as a whole owns these lands. The selected site for shifting cultivation is done by the village authority (Yul-ur purap) in consultation with Khulpu and Khullak of the village. Mention may be made here that, the individual family occupies and uses the land as long as they reside in the village but the family cannot claim the ownership of the land used. The lands are used for five to seven years continuously depending on the fertility of the soil. The Jhum cycle is eight to ten years. The land disputes are always settled by the village authority. The villagers grow Potatoes, maize, brinjal and all type of food grains in these lands.

(3) The third category of land is terrace land. Since majority of Marings are dependent on agriculture for their livelihood, these lands are considered most important and valuable. These terrace lands are owned by the individual family and are heritable and transferable.

(4) The fourth category of land is reserved forest (Mèilamril Híngyao), which is beyond agricultural land. The village authority controls these lands. These lands are especially kept for growing and preserving valuable trees for construction and commercial purposes.

OWNERSHIP OF LAND

The ownership of land among the Marings is Community Ownership except the terrace lands and the wet paddy fields that can be owned by the individuals. Even though the lands are community owned, individual family can have permanent farming and can use the land as long as they live in the village whereas in some part of the Maring society, the system is not found.

TRANSFER OF LAND

Transfer of land through sale or legacy is prevalent only in the case of terrace lands and wet paddy fields owned by individual families, which is under the purview of the Acts. But the rest of the land cannot be transferred and/or cannot be inherited.

MODE OF INHERITANCE

In the Maring Society, the mode of inheritance is always in the masculine line. According to the Maring Tradition, the eldest son of the family usually inherits all the properties from the parents and it is his responsibility to give shares to his younger brothers. However, the Will of the father who is the head and guardian of the family stands nowadays. Daughters do not inherit land properties but they are given properties like ornaments, clothes etc. at the time of their marriage.

DEBTS

The practice of debt is prevalent in the Maring society. It is the tradition of the Maring, that, responsibility of the family is taken over by the eldest son after the death of the father. So also if their father died, leaving debt unpaid, the responsibility of payment goes to the eldest son. He is helped by his younger brothers. In case of sons, who fails to repay the debt, the clan and nearest relatives help in repaying the debts.

SALE

In a Maring society, unlike the wet paddy fields and terraced lands, most of the lands are owned by the village. The sale of land is allowed in case of wed paddy field and terraced lands from one individual to another. However, sales and transfer of land to a person or individual of another community is not allowed. Properties both movable and immovable can be sold other than land.

Livestocks such as Mithuns, cow, goats, pigs, etc., can be sold to outsider (other communities) whereas the seller has to give Rs 50/- or more as thanks giving (Halkûl tuy) to the village authority.

Father being the head of the family is the competent person for sales. He can sell the family property in consultation with his eldest son. Payment can be made either in cash or in kind depending on the deed of both the parties.

In case of a widow, who after the death of her husband remained unmarried, she can sell her family’s properties in consultation with clan members of the deceased husband.

In a society the basic principles of social life are based on mutual help, trust reciprocity and integrity. The custom of mortgage seems to be rare in the Maring society. But it has started to be prevalent in the society due to one reason or the other. It is in the tradition that, everything except gong (dār) can be given for mortgage. Agreement in the form of Deed is made in front of witnesses from both the parties so as to avoid disputes in future.

The mortgaged property can be sold by the Mortgagee, if failed to pay within the stipulated time. The mortgaged property can be leased out to other persons.

LEASE

Since the lands of Maring are divided into two, the system of holding is also different. In the hill areas, the system of lease is not prevalent whereas in the plain areas, it is prevalent especially in the terrace or wet paddy field. The rent is usually half the produce or it depends on mutual consent of the leasee and the leaser. The duration of leased land depends upon the agreement made between the parties. The usual duration of lease is three years.

LOAN

Loans in Maring society is taken to meet the immediate demands of the individual family. In the traditional society, loans were taken in kind especially crops and repaid with interest. In the present day society, loan in term of money is more prevalent. Agreement for the loan depends upon the amount of the loan. If the amount is small, witnesses are sought from both the parties. If the amount is big the agreement is made in front of the village authority. Failing to pay the loan leads to the village court for final decision.

ADMINISTRATION OF THE MARING VILLAGES

Village (Kho or Yultlai) is the local territorial limit in the Maring society. The Maring villages are big to medium size. These villages are situated along the ridges surrounded by encircling hill ranges bearing marks of shifting cultivation.

The social and political institution of the traditional Marings centered on the Maring villages which are more or less like tiny republic. In olden days, Khulpu (Chief Priest) and Khullak (Administrative chief) who were the authority ruled the Maring villages. But nowadays, the elected Village Authority or coucil being headed by the Chairman carries out the village administration. Duration of the term may vary from three to five years.

Mention may be made here that Khullakpa can also be elected as chairman or Mèitlampu if he is found capable. The office of the Khulpu and Khullakpa is hereditary. In every village, there is a council and it is the principle-governing body of the village. The members of the council are elected from within the village. There is no other body except the village council, which performs the administrative, Executive, and Judicial function. The Village Authority is responsible to maintain peace and harmony of the village.

The Village Authority decides the administrative and executive functions, also functions with judicial power, which includes punishment upon those who breaches the customary law of the land.

JUDICIARY

In the traditional Maring society, people strictly observed social customs and norms. Failing to adhere to these norms leads to heavy punishment. The function of judiciary was carried out by the village councilor or by an authority called Yul-ur/Kho-urpu and its decision is final and binding. Minor cases were settled within the clan itself, but disputes which affect the general interest of the village are settled by the village authority.

At present the function of judiciary is of three tier system -

1. The Village Court which is set up within the village.

2. The Chíngshānglāk or a common area court for four or five neighboring villages, and

3. The Maring Úpārup Assembly, the apex body of Marings.

These organizations are purely Non-Governmental Organisations (NGOs) in nature. Its judiciary system is a combination of customary laws and practices. Trial ordeal and oath taking is a common phenomenon according to the nature of the disputes.

Some of the offense which is taken up by the above court on which they pronounced verdict/judgment was according to the customary practices and usages within its limit and directions of the Maring Úpārup Assembly. This practice of laws is called “Tlouchui¬leichuinei làmmit” in local terms. This system of Judiciary is applied in various matters and grounds such as land dispute, property dispute, marriage, divorce, quarrelling, fighting, murders, robbery or theft, deprive or cheat, immorality or adultery, indiscipline or indecent in food habits, and negligence in ritualistic duties etc.

The judiciary system based on Customary Laws and Practices applicable to each case matter is summarising in detail as given below. The court of the Maring Uparup Assembly, Chíngshānglāk and the Village Authority, etc cannot ignore these laws in giving its verdict if a person or individual, families and parties approach them to settle a particular case.

1. Land Dispute(s)

Each Maring village has its own boundary and territorial limit. There are cases where one village intentionally encroached upon the boundary of another village and vice versa thereby leading to a dispute between the two village(s). This is called Village Boundary dispute. There are also cases where two individuals or families used to fight over a piece of land especially in wed paddy field and terraced lands.

In the case of village boundary dispute, the parties involved can settle the case within themselves by mutual understanding and agreement. However, if the case cannot be settled between the two parties, witnesses from neighbouring villages are invited and statements were recorded. If the matter still prevails and cannot be settled within the two parties, the said matter can be registered to the court of Chíngshānglāk. If the court of Chíngshānglāk cannot settle the case, it can be register to the court of Maring Uparup Assembly.

If two individuals or parties have a dispute over a land or a property, the case is put up in the village court. The court will takes statements from both the parties to prove with evidence on disputed property or land. If the judgment comes into a very controversial point, then the verdict will be declared after doing – ‘To cast a Lot’ system and a guilty person are identified through public eyewitness. ‘To cast a Lot’ system means both the parties is asked to go down under waters or asked to drink a cup of shocked a piece of land. If one of them is not willing to this, he/she shall be identified as a guilty person. If both of them do agree, the verdict is said to be handed to the unseen God. The judge would push both the persons into the water (pond/river), to find out the guilty person. Thereafter the verdict will be declared customary fine is imposed upon the person/party who is found guilty.

The customary fine imposed in the case of property dispute is – One mithun and a jar of rice beer against the guilty party.

2. Quarrelling and Fighting

(a). If two parties or person quarrells on one dispute and if one of them put up the case to the village authority, the court would hear the case and the verdict would be pronounced by the Khulpu or Khullak upon the person or party who is found guilty or wrong. The penalty or fine would be imposed upon the guilty party or person according to the case of the matter, either in kind or cash. If it is in kind then, hens, pigs or Mithun (Shirim) along with a jar rice beer (Tũlkhȧng) is imposed on the guilty party/person. If it is in cash, the value of it is determined upon the severity of the punishment or on the degree of the crime.

(b). If a person/party who laid hands upon the rival and shed blood, the first person who raise his hand first is regarded as the one who is guilty even if he/she is right on the issue. Therefore, he/she would be imposed a fine accordingly with hens or pigs or Mithun with rice beers on account of shedding blood of his/her rival.

(c). If a person or party laid hands upon rival and kill him/her, he/she would be announced verdict by the court to pay a heavy fine for the killing. The degree of the fine shall be imposed at par with the murder case.

(d) Murder (e) 1. The customary fine shall be – 2. a) One mithun and one jar of rice beer;

b) Rs. 5 lacs as ex-gratia;

c) 5 wai of pig and one jar of rice beer for relieving Shaar.

Tȧmchangmakkei thũkkur khi-kna thũkkanungri bommai khintammei ya’kril heikhi loupirou.

3. Robbery or Theft

If a person/party is caught robbery or theft of anything red handed, he/she will appear in village court. The court would declare judgment upon the robber/thief to return the same property things/money to the owners. In case, he/she is unable to return the stolen properties, the owner has the liability to demand money equivalent to the present market value and the court will impose a customary fine as a punishment accordingly. Mipũt-michei mũnarou lhou mkatlanungri sãkhi-raprei (witness) tlou ningrou. Mrãl leiyanungri shirim/hog khatle tũlkhang khat chuirou.

Sãkhi thimi makkanungri mitdei kmu thrai-sãkhi khoini Yui-klup leirou. Heirou klāl thimini putchei heiyei mȧn mallengrou, heirou sãkhi tourilnei hȧl-khat, tũlkhang khat chuirou. Tui khoini chuiyanungri lappa 500/- (macha-phanga) hoirou.

4. Discrimination and Cheating

If a person/party is found cheating/lying in any matter, she/he will be summoning to the village/court. She/he will be given stern warning and imposed fine for the matter accordingly. The customary in this case shall be hál khat heirou tûlkhang khat.

5. Immorality or Adultery

Justice on immorality or adultery as applied when a person is found leading immoral life “libertine” or playing “harlotry” or adulterous deed, she/he is being taken to the village court/council and given a stern warning for the act of libertine and sometimes he/she will be expelled/ excommunicated from the village or community if she/he neglects the warning/judgement.

If a woman/girl is found pregnant illegally (Selam-ur) and comes up to the village court, charging someone (selam thèipí), the name of man whom she discourse would be summoned by the court and investigate the chargesheet. The court shall take up the matter with evidence to prove the fact. If the man or boy defends himself with reliable proves and evidences, the verdict will be declared against the woman and she will be imposed fine for insulting. Or if the man/boy is found guilty, but still defends himself to stay away from the woman (mother) he can claim the child. He can do so with certain fine imposed for his immorality. He has to pay the whole expenses to the mother for feeding the child till the child can be weaned from the mother. The woman cannot claim him as her legal husband, but she can remarry to any other man, whom she delights and the man (the father of the child) cannot claim anything from her too.

If the man marries other man’s wife/engaged girl betrothed forcefully or intentionally, the former husband/engaged/betrothed man/boy and his family or clan’s member can chase and rescues the woman back and charged the man/boy who interrupted the spouse in the village court. The court would declare the verdict (Judgement upon the unlawful man with certain fines - half of the Nû-kũngna Leichui or Leilhāng chui).

Terms of the fines are:

1. One Mithun or Shirim with one pot/jar of rice beer.

2. Two pigs (Hog) with one pot/jar of rice beer.

3. Three hens with one pot/jar of rice beer.

Or, if the woman or spouse or betrothed wife is not rescued/not taken back by the former husband, and the husband/man put up the case in the village court, the court would take up the case and accordingly the verdict or judgement would be declared against the man/boy as Nû¬kũngnei Leichui or Leililchàng.

Terms of fines are as follow:

1. One Gong with six kāps and six bon (pots) of Rice Beer for surrendering the fault (Pãcha Hutkhamnei Leilil Dār kāp-thruk and Tũlbön-thruk.

2. One Mithun with One jar of Rice beer (Leilil Hal/Shirim khatle Tũlkhȧng khat).

3. One Gong Seven Kāps with One Jar of Rice beer (Leilil Dār Kāp-ení khat with Tũlkhȧng khat).

4. Three hogs/pigs and five hens with one Jar of Rice beer (Leilil Hog khyumtam).

5. Defiling the marriage bed Rs.I5/- with one jar of rice beer (Khum Lalnei Tũlkhȧng khat).

And the latter husband has to restore or refund all the expenditures of the marriage engagement process and the Bride price (if the former man had paid them) to the former man.

If the betrothed woman/wife got married with other man, leaving her former husband without any cause, the former husband may file a case to the village court, and she will be charged as adulterer/quilty of marrying other man. And the court will declare/impose certain fines accordingly.

In the process of marriage engagement, if both the parties (man and woman) failed to keep the promise and fell into temptation (got married before fulfilling the process), then the man has to pay fine for insulting the girl or unfaithful to the authority of the marriage process (Nulampu Touchopnei Leichui) with one pig/hog and one jar/pot of rice beer.

And if the boy fails to keep the promise to complete the process of engagement and gets married to another woman, then he has to lost the expenses he invested in the process, but if the woman fails to keep the promise and gets away from the process and married to another boy in the middle of the process, then she has to return or repay the total expenditures invested by the boy during the process.

Indiscipline or Indecency on food and Ritualistic duties

Justice on disciplinary matters was practiced as one of the most important parts in the Maring community since their forefathers’ times till today. Specially in the public places like dormitory or Rkhāng(Morung) in Naga term where the youths are brought under the strict teachings or instructions of moral/behaviour and food manners, words and work manners, art and cultural norms and ritualistic rites and duties in social norms and customs.

1. When anyone or someone in the dormitory or public places commits a mistake in word or in deed intentionally or unintentionally he/she will be brought into the councilor authority of the Rkhāng, and will be given certain punishment and imposed a fine of one pot of rice beer accordingly.

2. When a person in the dormitory or public places says deadly words or bloodshed words against someone, he/she will be brought in front of the councilor authority and punished with fines of Pig or Mithun accordingly.

3. When the person is found guilty of using indecent words in front of the elders, seniors, he/she will be imposed a fine of one pot of rice beer accordingly.

4. When a junior neglects the command or words of his/her elderly one, in the dormitory or public place he/she will be given punishment and fine a pot of rice beer accordingly.

5. When someone is found of immoral or violating the moral laws in the dormitory, she/he will be expelled from the dormitory with imposing a fine of immorality.

6. When someone is found guilty of violating the laws of food manners (Chãmai Karkaonei Leichui), he/she will be declared unclean of the food manners (Chãmai Mȧrmök). She/he has to undergo ritualistic cleansing by paying certain fine of one pot/jar) of rice beer.

7. When someone is found guilty of violating the ritual laws and duties and functions, he/she will be imposed fine of hens/pigs or rice beer (Tũlkhȧng/Tũl lokthöng/Tũl tomloi khat).

The Maring tribe: Laws and administration

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