Laws for the Women in the Darlong Society

      The present Darlong society was a product of the impact made by the Christian missionaries' advent among the tribesmen and women beginning from 1917. As a matter of fact, the tribe has continuously and comprehensively modifying the societal rules and regulations (particularly from the literate class) with the passage of time. In a long run, the "Darlong Customary Laws and Practices" was enacted as a guideline for the entire tribe (common men and women). The question that can now be raised is that whether the customary laws have a proper approval and recognition the state government or the concern department. Secondly, how far the enactment benefited the tribe as a whole particularly the weaker gender (Since the society in the pre-Christian era was a phallocentric one). Prior to the understanding of the Darlong Apex Court customary laws, one must take into consideration that all the laws are flexible in accordance to the demand of the circumstances. No doubt, the past society benefited the entire tribe without any discrimination of the rich and poor. this perhaps, can be another significant question to be answered by the Darlong society (a society of Christian domination product). Thirdly but not the least, the Darlong customary law may be put to question on the ground that the laws are continuously being bend by the dominant gender of the society. as such, the prospect of implementation and applicability to suit both the demands of the ethnic identity sought by the tribe and the christian given identity carried by the tribe (which is contradictory to each other). Hence, we take a rapid look the laws for women as prescribed by the Customary Laws and Practice:         

    The Apex Court is an Organisational Institute viz. Darlong Hnam Inzom (DHI) where selected individuals represent the Institute for specified period and undergoes every norms of democratic republic consisting of Chairman/president, Vice-president, Nodal secretary, Asst. Secretary, Finance secretary, Asst. Finance Secretary, Secretray (Economics and Education), Asst. Secretary (Economics and education) and other eleven committee members. Inclusively the institute have 19 members and every village has the one quota each for nominating their respective representatives. Under the banner of the DHI functions the Village Council acting as it branches and implementing force at the grass root level.    

1. Prostitute: in the Darlong society, if a woman is known of prostrating herself for sake of money, the particular women would be panelised Rs. 200/= for misbehaving and Rs/ 400/= for prostitution. No doubt, in the early (prior to their knowing of money value) Darlong the penalty was made in term of kind.

            On the other end, in the pre-Christian era prostitute women were either be-headed or casted out of the village. In fact, the entire family were at times abandoned to die astray. In the famous legend of “Hrangsuana and Chawngmawii”, Chawngmawii was beheaded by her villagers for loving a man from another village considering it to be a case of prostitution.

2. Rape: In the Darlong Apex Court, rape is considered to be a rare case. Nevertheless, the matter cannot be denied. If a man raped a woman (be it successful or unsuccessful) or even made an attempt to do so, the man has to pay Rs. 500/= for the sin he committed against the women. Further, if the raped women happened to be badly injured, the man has to bare all the necessary expenses. However, if in any case, the victim met her death in the circumstance, the predator has to pay Rs. 10,000/=.

             In the early phase, rape was dealt in a very compromise manner;

i) Under the consent of the village elders and the demand of the victim family, the victim was given on to the hands of the predator for marriage. In the legendary tale of Zialunga, the protagonist Zialunga raped a woman when she was having a bath a lake. The rape gave birth to a child, Zawlṭleipuii who later grew up to be the most beautiful woman in the Darlong history. However, Zialunga was not penalised in any circumstance instead was given the right of being Zawlṭleipuii’s father.

ii) If the victim gives birth to a child through the rape, the predator was panelised with “Faruang”- the penalty of bearing the entire expense of the particular child and will simultaneously have every right over the child under the consent of the village elders and the victim. The tradition of “Faruang” yet prevailed in the Darlong society. However, the case in which applied had differ; when a couple divorce or part from each other after having a child, the father can pay “Faruang” of his child (i.e. 1000/= monthly) with the mutual acceptance from the part of the mother else well. The Darlong folk often narrate this tale where a king raped a woman when she was asleep one afternoon. The king in return promised to pay “Faruang” secretly to the woman he raped and the matter was said to settle by the two without the knowledge of others.

3. Abortion: In the present context, the Darlong Apex Court ask of abortion anticipators to pay Rs. 200/= for the misconduct. The abortion may be done under mutual understanding of the man and woman involved or by the woman only, the same rule is applied.

4. Cheating of woman: When a person cheats woman giving a fake promise of marrying her, the person may be taken to the Apex Court for justice. However, if only the victim demand for it (justice). In this case, the man betraying a woman/girl shall be penalised with Rs. 500/= against the woman/girl. Further, if the particular person has more than one or more victim then he has to pay the amount mentioned for each victim.

             In the pre-Christian period, I doubt there were such cases because a man was given the license of “Nghaksak”- the liberty of marry a woman for trial period. The marriage would be socialised only if the woman passed the trail. On the other hand, there was also the liberty to reserve a girl- “Chongmoilak” (similar to a child marriage) for marriage at a very young age by a boy. While the boy has all the privilege to reject any moment he like even after reservation. The present Customary Book of the Darlong also made a mention of the tradition in spite of it not being practiced any longer.

4. Other misbehaviour (attempt to rape, molestation and sexual abuse): Other the above discussed acts there are ample of misconducts committed against women. The Darlong Apex Court ruled the misconducts by asking the culprit to pay Rs. 200/= for his misbehaviour and humiliating the victim.

                            Divorce Rule

5. Ral Inma: “Ral Inma” is a tradition of separation of a lover and a beloved from marrying each other. The tradition applies to a boy and a girl prior to marriage and is not applicable to a married couple. When a girl and boy decide to marry each other with or without witness but circumstances changed just before the marriage resulting in an informal divorce for the two. The phenomenon is called “Ral Inma” and the boy shall be liable to pay Rs. 2000/= for robbing one’s chastity. In this case, if the girl is with a child the boy had to pay a “Faruang” (1000ҳ3=3000) and if in any case the boy refused to pay the penalty, the child shall inherit his/her mother’s name. However, if a child is but in the womb of the mother during the informal divorce it belong to the mother given the situation that the boy filed a case in the apex court.

6. Divorce after death: When a woman is separated with her husband by the passing away of her husband, she returned to her brother (practically considered to be her father’s house) and goes back to her husband house having completed the tradition of ‘Kir Inle’- the wife must return to her father’s house if death separates her from her husband.

Rule.1: The woman returning back to her husband house shall be considered as family members as did her husband living days. However, if complication rises from her in-law or children or even husband relatives and was divorced by the latter. She shall be handed over Rs. 500/= as divorce fee called “Maktha” in the vernacular language. No doubt, the husband relatives or the children who sent out the wife/mother must have a reasonable cause for it.

Rule.2: When a wife is separated without any specified reason and logical explanation, according to the apex court law, the divorce woman has every right to move out from her husband house along her bag and baggage inclusive of the thing her husband gave her in his living days.

Rule.3: If the mother has a minor child with her during the death of her husband, the child shall go with the mother but own by the father giving Rs. 3000/= as “Faruang” (paid by the relatives or alike). No doubt, if the child is an adult he/she has every liberty to choose with whom he/she would live in future and no “Faruang” can be demanded from the part of the mother.

Rule.4: If the woman was pregnant during the divorce and the woman decide to divorce her death husband then the child shall be owned by the father (relatives or so) and no “Faruang” can be demanded.

Rule.5: After the death of a husband, when a wife decide to divorce her death husband, she would be liable to pay Rs. 500/= as divorce fee called “Maktha”. In addition she shall have to return the entire fee (Hmanpui) paid as bride price by the husband during her marriage. Existence of minor child shall apply to the same rule as before. However, if the wife is pregnant the apex court shall examined as to whether the incident happened prior to the husband’s death or after. Accordingly, the woman and the child shall trial.

7. Adultery after death: In a couple, a wife or a husband may commit an adultery after the death of the either. The law specifically refer to a woman and is known as “Chawse hnuaia pasal nei” in the Darlong term. The woman who commit adultery shall pay Rs. 100/= as adultery sin penalty and return her husband’s family the entire ‘Hmanpui’- bride price paid during the marriage. Further, she canno0t demand any of her properties such as ornaments given by her husband etc.

            In the past, the Darlong society practice the tradition of ‘Polygamy’ and since the society was a male dominating society, hence any divorce law or marriage law hardly bears any hurdle on the part of the male. On the contrary, the male are given every liberty for second marriage after the death of his woman regardless of the presence of minor child, adult or alike.

8. Adultery: When a man an act of adultery, the Darlong apex court may look into the matter in accordance to its customary laws;

Rule.1: The woman is to return to her father’s/brother’s house.

Rule.2: The woman’s brother/father shall inform the village council consisting of the village elders (age and knowledge) existing under the banner of DHI to look into the matter on behalf of them. The proceeding shall take place at the house of the woman’s father/brother.

Rule.3: The village shall imposed a penalty of Rs. 1000/= on the other girl with whom the husband had an illicit relationship for attempting to snatch the husband of other woman called “Voksun Hmam” in Darlong.

             Prior to the existence of the DHI or the village council, so far as I know a group of woman would take up the issue and dealt with the matter at will keeping in mind the humanity of being woman.

Rule.4: on the other hand, if the other woman as well has a husband, the man who commits an act of adultery shall have to pay a penalty of Rs. 1000/= called ‘Ret Lei’. Thereafter, a conclusion shall be made as to whether the adulterer would continue to live with the old wife or the new one. Depending on the decision made by the adulterer, judgement would be drawn. If the adulterer decides to live with the new, he must pay a ‘Maktha’ and complete other formalities before he pay a fresh bride price (Hmanpui) for the new one. The same law applies for the woman involved in adultery including the divorce law mentioned above. However, if the adulterer decides to continue living with the old wife then everything goes fair and fine.

9. Adultery (married man and Unmarried woman): When a married man and unmarried woman commit an adultery;

Rule.1: The wife would return to her father’s house.

Rule.2: The father would inform the village council to look into the matter on their behalf.

Rule.3: The unmarried woman first of all would be penalized with Rs. 2000/= as ‘Voksun Hman’.

Rule.4: Decision by the man involved to be made as to which of the woman he choose to live with from then. Accordingly, if the man choose his old wife thing would be fine after paying Rs. 2000/= for having robbed a girl’s virginity. However, if he choose to live with the new one, he must pay the ‘Maktha’ Rs. 500/= and rule regarding adultery would be applied on him (discussed earlier).

             Similarly, when a married woman commit an act of adultery with an unmarried man, the same law will be applied with inclusion of ‘Ret Lei’ and exclusion of ‘Voksun Hman’ and there cannot be ‘Maktha’ if the married woman choose to leave the old and live with the new.

     Conclusively, one can frame the images of the internal conflict existing within the tribe that is yet to be resolved in many years to some.