The Rabhas of Northeast India are one of the nine scheduled plain tribes of Assam. They have been distributed in various villages and districts of Assam including Baksa, Kamrup, Goalpura, Kokrajhar, Darrang and others. They also inhabit the northern part of Garo Hills districts of Meghalaya and some areas in West Bengal. The Rabhas belong to the Indo-Mongoloid group racially and included in the Tibeto-Burman group, linguistically. They are also divided into sub-groups or sub-tribes.
Table of Content💻
Legal Provisions
Marriage
They are against forceful marriage or inciting a girl to marry without her free consent. However, if parents take their daughter back forcefully, they are fined Rs. 1001. If a person abducts a girl to marry her without her consent, he is fined Rs. 10,551. Marriage among the members of the same clan (barai) is prohibited. Traditional attire shall be carried during the marriage and there is a fine of Rs. 500 if someone does the contrary.
Polygamy is only allowed at one condition, that the first wife has gone barren and/or suffering from an incurable disease and her consent has been obtained for the same. Polygamy up to only three wives is permitted and after that the husband is assumed to have a physical disability.
Divorce
The divorce is undergone through the age-old custom of pan-sira (tearing betel leaf) by which the couple is considered divorced and their relationship comes to an end. Divorce is not encouraged in the community, however, if a couple decides to part ways, they are fined Rs. 2000 where each one has to pay Rs. 1000. If a husband or wife takes a unilateral decision of separation, the husband is fined Rs. 10,800 and if the wife leaves without any valid reason, she is fined Rs. 7,850.
Any person may join the Rabha group by paying Rs. 301 and the people who consume beef shall pay Rs. 501 and undergo total shaving of head.
Penal Provisions
The Rabhas have a nice crime investigation mechanism and decision making process. On the basis of the act, the category of crime is determined at village level. The convicts are rescued and go through a holy liberation process where heads of different bodies at different levels are invited. The crimes have been classified in different heads:
a. Inferior implicated crime (pharalbad or adhambad)
Illegal relationships with own mother, sister, or rape cases relating to lust and killing of cows, the accused has to pay Rs. 5000. Men and women are equally punished for having sexual intercourse with minor boys/girls.
b. Serious or heavier implicated crime (gurubad or aghurbad)
Quarrel and assault on one's parents, close relatives, wife or husband, sister, brother, cousins are punishable. The convict has to pay Rs. 1001 which is distributed in the society.
c. Will spoiled implicated crime (barbad or agrangbad)
Assault against a woman, daughter, and sister without any reason etc are fined Rs. 1001. Illegal relationship between married and unmarried is fined Rs. 501 and they have to undergo rescue and expiation.
d. Middle implicated crime (thoikaibad or majkilabad)
A fine of Rs. 1001 is needed to be paid by the accused if he/she is found to have a relationship with the member of a beef eating community. The couple has to stay outside for a period of nine years and after that they are taken back and go through holy liberation and pay Rs. 2001.
e. Ignorance or self willed implicated crime (abrang or ahumukhibad or agyabad)
Sharing shoulders with people belonging to a community of people carrying corpses, etc are punished where a fine of Rs. 501 has to be paid.
f. Obsolete or ordinary implicated crime (jekaibad, asalabad or sadharanbad)
Punishments are inflicted on those issues that are based on unintentional work and superstitious beliefs. The issues are settled at the village level and if the same is settled, the convict has to pay Rs. 2001.
g. Expiation and Penal Provisions
The process has been classified into different types and quantum of fine:
Guru baad (Rs. 651): Acts such as sexual relationships with close kins, sweepers or with a person consuming beef, unnatural sexual intercourse with animals, etc.
Bar baad (Rs. 551): Act of assaulting own daughter, sister and daughter-in-law except to prevent some evil task.
Majkila baad (Rs. 351): Cross cultural marriage, act of consumption of meat, etc are termed as an offence under this.
Aahumukhi: Participating in the feast of Muslim/Garos, responsible for the death of a cow, sharing a shoulder with people belonging to a community of people carrying corpses.
Special theory/punishment (Rs. 5001): Rape, homicide, marriage with own barai (mother lineage), marriage or sexual relations with close relatives, etc. The head of the accused is shaved and he/she is sent to confinement of regular law.
Status of Women
The Rabha women are both involved in household work such as child rearing, fetching water and beyond as they engage in economic pursuits such as assisting agricultural operations, fishing as well. They manage self-help groups and are involved in managing small trade to big commercial establishments. Some women also break the barrier and establish themselves as an example for others.
Birubala Rabha has initiated a movement against ‘witch hunting’ menace which is a deep-rooted struggle for women in the patriarchal Hindu society. She runs an organization called Mission Birubala and compelled the government to bring out the Prevention and protection from Witch Hunting Act, 2015. Dr. Malini Rabha, Aupama Rabha, Apila Rabha are few other names who have come forward as strong personalities and contributed in the development of Rabha community.
Unlike the majority population of the country, Rabha women have had no issues relating to inheritance of parental property and a role in the decision-making process. Women are thought of equally as to their male counterparts and their opinion is equally valued. While undertaking a decision, for instance, in Barjuli village, the women committee is consulted beforehand. In Kocha Rabha society, a girl is preferred over a boy and women are the head of the family in non-Christian Kochas. In most of the village communities, there are parallel bodies of women with the main committees of men and those are consulted before any decision is taken.
Generally, parents divide their property among their sons and daughters. The property of the father such as land, including the belongings he earns during his lifetime, such as cows, buffaloes, house and other items are inherited by the son. The daughter inherits 1/4th of the inheritance. If there are no sons, the whole inheritance goes to the daughter.
On the other hand, all the inheritance of a mother including the ornaments, utensils, money, cattle, gifts during marriage, etc are inherited by the daughter and 1/4th of the property is inherited by the son. Whole property is inherited by the son in daughter’s absence. A married daughter is entitled to 2/3rd of the parental property and an unmarried daughter is entitled equally to the parental property.
Synergy Between Regular and Customary law of Rabhas
Inheritance of Property
Their customary law relating to inheritance of property is comprehensive. Parental properties are inherited by both son and daughter. The son has absolute ownership rights on father's property. It is distributed among sons if there is no girl, if there is only girl without any son; she is entitled to the entire property. If there is a boy and girl, she is also entitled to one fourth of the property of father. Similarly, the mother's property is inherited by the girl. In the absence of a girl, a boy is entitled to the entire property. In the presence of both, the boy is entitled to get one fourth of the mother's property. They suggest that these laws can be included within the ambit or regular law.
Marriage laws
Child marriage and dowry are strictly prohibited under Rabha customary laws. Regular laws also prohibit dowry and child marriage system. But it is still practiced in many areas in India. It is observed that in case of crimes of serious nature, there is provision of ex-communication of the individual and families for a prescribed period. Social boycott or ostracism is always practiced towards individuals and families. The fear of isolation and ostracism is greater than to be sent behind the bars.
There is also an interesting arrangement of fines for breaking marriage negotiation just ahead of the solemnization of marriage. These may be due to acts of either party such as the boy marrying another girl, the girl running away with another boy she had relations with. The parents of the defaulting party need to pay a fine of Rs 30000 to Rs 50000 to society as per situation. Major share of the fine paid goes to the affected parents. However, we do not find such rules found in regular law. Such an arrangement can be incorporated in the modern law which may act as a deterrent.
Polygamy
In modern law, polygamy is not allowed in any circumstances. However, Rabha customary laws allow polygamy with certain specific conditions. Polyandry is strictly prohibited and punished. They allow a second marriage with the permission of the first wife if she is barren and suffering from chronic diseases. The man also has to take permission from the close relatives of maternal sides (mahari, owaris, daidi). By going through the same process, he may marry for the third time if such a condition prevails for his second wife. However, the husband is not allowed to marry for the fourth time. We observe no such arrangement in regular laws.
Divorce Laws
In modern courts of law, we have seen the rising number of divorce cases and their pendency. Among the Rabhas, the customary laws relating to divorce are simple and it involves less time, money and is undergone through a simple process of pan-sira, that is by tearing betel vine leaves. In a comparative analysis of divorce laws under regular and Rabha customary laws we see that divorce in regular law needs more time and involves more money and is complex in nature.
Social control mechanism
The well-structured social control mechanism at different levels from village to region is well articulated. It has lots of similarities with the regular justice system that also has provisions of lower court to Supreme Court with an intermediary of High Court. It has four levels of management committees which is similar to the regular justice pattern.
Conclusion
The Rabha customary laws and social control mechanism possess lots of elements that can play an important role in blending synergy between regular justice system and tribal justice system. The judgment of any case from their own institution should be examined by the regular court, if such cases come. Further, customary ways of divorce can be examined for implementation in regular laws.
Frequently Asked Questions
Q1) What is meant by Customary Law?
A1) Customary law is the process of following various traditions, rules and practices which have developed over time within a community or society. These practices may even be unwritten but have been carried over from generations and have now been accepted by the community or society as authoritative and legally binding within that community or society.
Q2) What is meant by Common Law?
A2) Common law is a legal system which is primarily based upon judicial decisions/precedents rather than written statutes or legislations. Hence, it is also known as judge-made law.
Q3) Is Marriage a contract or a societal norm?
A3) Marriage can be considered as both a contract and a societal norm. A marriage has a dual role with traits of both a contract as well as of societal norms. In essence, Marriage serves as a legal contract within the framework of societal norms and traditions.
Q4) What is the difference between Polygamy, Polygyny and Polyandry?
A4) Polygamy is a general term for having multiple spouses simultaneously.
Polygamy includes both Polygyny and Polyandry.
Polygyny is a form of Polygamy where a man marries multiple women simultaneously.
Polyandry is another form of Polygamy where a woman marries multiple men simultaneously.
Q5) What is the difference between Judicial Separation and Divorce?
A5) A Divorce is the legal termination of all marital relationships, effectively allowing the parties to re-marry. However, a Judicial separation is only a formal separation where the parties to a marriage are legally allowed to live separately without completely terminating the marriage. Judicial Separation is a first step before Divorce providing an opportunity to reconcile for the parties involved.
This Article is written by Tejaswini Rastogi, a 5-year B.A.LLB graduate student from Banasthali Vidyapith, Jaipur.
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