Is Naga Society Egalitarian and Democratic? The Gender Questions on Customary Law and Its Practices in Nagaland

Abstract

Customary law and its practices in tribal culture usually reproduce gender bias on almost all fronts. Focusing on Khiamniungan, one of the Naga tribes, this article tries to illustrate the patriarchal aspect of social reality as it is manifested through customary practices, folklore, local sayings and local proverbs. Based on ethnographic research, the study argues that the institution of Morung is the epitome of customary practices and justifies patriarchy, especially in the political sphere. Also, Naga women have to bargain and negotiate on all fronts: property rights, decisions in marriage and divorce, public participation and so on. As a result, such dominance silences the Naga women’s experiential history. The attempt is to critically reflect on the colonial narrative of Nagas as an egalitarian and democratic society and further highlight that the colonial paradigm continues to be reproduced in postcolonial times without an empirical and critical reflection.

Introduction

Until 2 March 2023, Nagaland was the only state without a single female legislature in the assembly. ¹ Though the Nagaland Municipal Act 2001 (as amended in 2006) provides 33% reservation for women in urban local bodies (ULBs), tribal leaders have continuously contested and denounced this. Consequently, in 2016, when the state government decided to give 33% reservation for women in ULBs and held an election, the government was forced to annul the election result due to widespread protest and outcry. Nagaland plunged into chaos and violence, causing the death of two lives, vandalisation of government properties and so on, thus inviting national and international attention to the matter on the grounds of human rights and democratic representation. The tribal men (predominantly tribal leaders) disapproving of the 33% reservation can be interpreted as a result of customary laws prohibiting women’s participation in the public sphere. The irony is that the colonial account/description portrays Naga society acknowledging or treating women as equal to men: thus, egalitarian and democratic. Furer-Haimendorf writes,

Many women in more civilized society parts of India may well envy the women of the Naga Hills, their high status, and their free and happy life. If you measure the people’s cultural level by the social position and personal freedom of its women, you will think twice before looking down on the Nagas as savages. ²

The idea of egalitarianism continues and intensifies in post-colonial literature without reflecting the grassroot practices of the society. Elwin pens that ‘although there is no matriarchy among the Nagas, women hold a high and honourable position. They work on equal terms with men in the fields and make their influence felt in the tribal councils.’ ³ The same is also reflected in Sardeshpande that ‘there is far greater sense of equality and partnership among the Khiamniungan couple’. ⁴ However, Naga Anthropologist, Zehol critiques that ‘generally it is believed that tribal women enjoy a high status because their societies are egalitarian, they have no purdah system, no restriction on women’s movement, food habits, attire and widow remarriage’. ⁵ It seems that women’s position was never like the imagination or the perception of colonial and postcolonial paradigmatic contemporary anthropologists. Quite interestingly, Vizol Vitso-n Koso, a former Chief Minister of Nagaland, in his inaugural speech in a seminar on ‘Naga Customary laws’, had stated that

Man, as you know, is a social animal. To live in society, he had to abide by certain norms and practices that slowly evolved. These make him tolerate his fellow beings, respect their rights and fulfill his obligations to society. Later, these norms and practices developed into usages, which more or less acquired the force of law and became known as customary law. ⁶

While customary law is essential for social cohesion and integrity, and indeed, like any other culture, Nagas are proud of upholding societal norms and practices, it cannot eschew the question of its discriminatory nature. Williams maintains that the ‘customary legal systems in many countries pose a serious threat to women’s equality rights by legitimising and enforcing gender discriminatory rules concerning marriage, divorce, property, and a host of other issues’. ⁷ The same question appears to be valid in the case of Naga society. The Khiamniungan Tribal Council (KTC) executive meeting held in 1997 on customary law also highlighted its patriarchal nature:

Khiamniungan Naga society is patriarchal, which is reflected by notions such as the birth of a male child being auspicious, the man as the breadwinner and protector of the society, and women being subordinate to their husbands. Society follows a patrilineal and patriarchal system with the norms and attitudes of patriarchy which affects the status of women. Institutions and traditions are inspired by the belief in male dominance and female inferiority. ⁸

Sardeshpande ⁹ observes that women are depicted as the preservers of culture, whereas men are glorified as hunters and killers. They are being compelled to uphold the traditions and customs around land ownership, inheritance, marriage and divorce, many of which conflict with the problem of women’s individual rights. To explore the inherently patriarchal nature of customary law, the essay begins with a historical and ethnographic description of a social institution called morung, a prominent political socialising agency. The essay then discusses two important features of women’s rights: property rights and the right to marriage. Further, to emphasise the patriarchal nature that institutionalised through morung, the study takes contemporary proverbs and folk sayings to highlight how such gender constructions are justified through everyday life. This leads us to critically reflect on the egalitarian nature of Naga society as constructed by colonial ethnographers, despite their understanding of the institution of morung having a masculine nature. Sardeshpande ¹⁰ maintains that in the Khiamniungan tribe, ‘morung/Kamnoi ¹¹ wields a strong socio-political-religious force’.

Morung System: An Exclusionary Public Sphere

The term dormitory in anthropological literature refers to an institution where bachelors stay together. Morung could have originated in the same sense, but its meaning goes beyond the conventional definition of a dormitory. It differs not only from tribe to tribe but also within the clan system of the same sub-tribe. Every clan has its morungs in the village for decision-making where only men can participate. Anthropologists like Furer-Haimendorf maintain that morung refers to a masculine institution. ¹² For him, it represents a ‘bachelor hall’ or a ‘dormitory’ or similar institution, but it is more than that. Instead, it is an institution of socialising, a place to inculcate masculinity: ‘serving as the approved meeting place for boys and girls of intermarrying clans, the girl’s dormitory assumes the role of a mixed youth club, whereas the morung remains purely a masculine institution’. ¹³ Researching the Ao-Naga tribe, Moatoshi Ao observes that morung is the supreme authority and central site where all the decisions and strategies are made, such as war, politics and social life. ¹⁴ Further, morung is not just a dormitory or a political decision-making centre; it is also a place of martial arts for men since in the olden days young Naga men learned head-hunting techniques at the morung. ¹⁵

The data collected during the fieldwork between February and March 2021 among the Khiamniungan tribe in the Noklak district of Nagaland ¹⁶ sheds light on the current state of morung. One of the male respondents, Nokshing, ¹⁷ said that morung is also a place where the men folk assemble in the morning and evening after the daily agricultural work. But he also opines that only men folk are allowed. The only occasion when women are permitted to come near morung is to serve rice beer to their husbands and brothers. Women are not allowed, he shares, because the activities in morung include making strategies for the war, how and where to attack the enemy, discussing the village history, the relations around the neighbouring villages during war/peacetime, which jhum (shifting cultivation) field to be cultivated and so on. Adding to him, another respondent, Puche, states that po hai lon tsak kam ao (it is a place where men gather) and niu hai tsu she kam ha e (women are not allowed, and they will not come there). The respondents added that it is taboo for women to enter the morung and we do not disclose/share the activities of morung with a wife, especially secrets. Many informants had a similar viewpoint or stated that morung’s political socialisation occurs through different sites of the circuit of culture. ¹⁸ For instance, a male respondent, Mukom, told me that Ngiu nu tsutsam ta (women are not trusted/cannot keep the secret or conceal). He laughed, and another male respondent, Shingnya added, ‘the meaning women itself says meh-nyiu (someone else’s mother). The secret is to be kept with the husband only because if shared with the wife, she may disclose it to the enemy’s village. Village-to-village or tribe-to-tribe war was a daily affair in those days’.

This patriarchal nature is inculcated among girls from childhood. Evidently, one of the female respondents, Muniu, narrated to me, ‘I remember during my childhood, my father used to tell me that girls can’t go there. I never questioned. Why would I ask, and for what?’ and she laughed. A question came to my mind, and I wondered whether any of her husbands disclosed any matter discussed in the morung? She replied with an immediate ‘No’. I asked, if her husband goes to participate in a war and is away from home for some period of time, how would she come to know about it? Though she repeatedly said that men would never disclose the matter discussed in morung especially related to war but being a woman, she ‘has the ability to sense it’. Interestingly and contradictory to male respondents’ arguments, she says that ‘if we won’t sense that the husband is about to go for something important for the village/tribe, how would women pack the food, rice beer, and other necessary things’. She smiled after saying this.

Eichler argues that during the olden days, ‘intergroup warfare was a rational means of gaining livestock, women, and slaves, gaining or keeping territory, or gaining, controlling, and exploiting new territory’. ¹⁹ From the ethnographic interviews conducted in the field, many narratives testify to Eichler’s findings. As per historical claims, if an enemy was killed, his head would be taken to a native place to claim the bravery and warriorship of the head hunter. Many respondents opined the practice of sheo-o-da ju no (bringing the enemy alive). During the forefather’s/foremother’s time, getting the enemy alive was considered more prideful than to headhunt (kill). After some point in time, peace used to be restored between the villages. The village elders would negotiate with the enemy village. Followed by that, they would return the captive in exchange for Mithun (Gaur/bison), ornaments and clothes like Lo (a kind of lower cloth), she-tsap ney ²⁰ (traditional warrior shawls) and so on, since during those days, currency was not in use. The meaning is ‘alive’ is equal to Mithun, which is equivalent to money. If the negotiation with the enemy is not materialised and the family cannot afford it, it is sold to another village like Thang, Waiulam and so on. If neither of these actions occurs, that is, giving back to the parent village or selling, the enemy used to serve as domestic servants.

However, in the case of women, it was different. Women were captured in exceptional circumstances only. The lower Khiamniungan believed that women from the enemy should not be killed. A respondent, Mokthoi, told me that if a woman is captured alive, most of the time, they would become part of the warrior’s family either as a servant or as a wife. That is to say, or we may deduce that the reason for which war-related secrets were not shared with women was due to the fact that in the old days’ marriages between members of the same clan were not allowed, and there could be a possibility that women may come from the clans linked to tribes of enemy villages.

It is interesting here to highlight that all these activities were part of the survival of the village or tribe in the olden days or before modernity. With the passage of time, the historical situation that necessitated keeping secrets related to war became justifiable for every activity associated with the political sphere. To understand whether the modern value system is influencing people and their beliefs surrounding morung, some educated women and men living in cities were also interviewed. One of the urban female respondents, Khumniu, narrated an event of Khaozaosie-Hok-Ah festival—2021. ²¹ She had to perform a dance at the event, which was held in Noklak town. The hall was constructed in 2021 in the aforementioned town for cultural performances, but they called it a morung. She told me that when she entered the hall, it led to a heated discussion and debate on whether women should be allowed to perform in the morung. Since she was not brought up in a village, she was unaware of the androcentric character of the institution. Out of her anger, she replied, ‘let the men sing and perform; women will be into education and occupy all the government offices, then the men will work under us’. However, one man stood up suddenly and said, ‘we live in a different era now, maybe our forefathers might have followed this norm, but now the time has changed. Without women, everything seems vague …. So women should be given a chance. We shouldn’t keep bringing up the topic of our customs and traditions now and then’. After that, they allowed the women to perform and participate.

In short, in the historical-ethnographic description of Furer-Haimendorf, one can understand that the morung is a masculine institution. Moreover, in every ethnographic interview conducted by this study, one hears that ‘women are not allowed’, ‘women are not permitted’, ‘women must not come’, ‘it’s a taboo’, ‘it’s a sin’ and so on. The justification for the exclusion of women in the morung is believed to exist in oral history. Still, it goes beyond historicity to create contemporary myths constructed through contemporary proverbs, folks and so on. Barthes ²² argues that our understanding of the sign or meaning construction goes beyond the categories of signifier and signified. There exists a second order of semiological system which is at cultural level. Simplifying considerably, he argues that the cultural context must be considered when we understand meaningful statements. These are constructed through various forms of oral and written communication.

The male space is created by determining what constitutes important gossip/discussions in the morung. These views are popular for several reasons. It is convenient and conventional wisdom suitable for males as it validates their supremacy within the hierarchical structure. This further authenticates the existence of sex appropriateness in society; it is based on the assumption that behaviour patterns or character formations are more appropriate for one sex and treated more important for the sex to which they have been assigned.

Women are traditionally assigned to prepare local beer and serve it to the men who gather in the morung. However, even today, women cannot enter to the morung. At the same time, their labour is very much involved in maintaining the morung system. They are tied to whole-day household chores like cleaning, washing, cooking, collecting firewood and so on. Household labour has always been an essential component in maintaining/running the morung system, but women have no right to enter and participate in this space. Here, there is a clear demarcation between the public and private spheres. Morung represents the public: family and household as the private sphere in which women are primarily responsible for maintaining the household. Ortner ²³ argues that the universal devaluation of women is not because of biology but because of the way in which every culture defines and evaluates female biology. If we take this argument forward, we must recognise the deep internalisation and conditioning of women’s lives to control their labour and mobility. Hence, through customary law, morung creates a unique form of inequality, domination and power relation between men and women. Bhasin ²⁴ has also argued that ‘the greater the separation between the private and public spheres, the lower the status of women’. This came into existence with the practices of customary law, and morung as an institution further sharpens the demarcation between public and private spheres. This is not just the case with the division of roles and responsibilities, but while doing so, conveniently, it has been used to other domination as well. In other words, the justification drawn from the historical meaning of morung was replicated in every political sphere as we see how inequality towards women takes in different social, cultural and political spheres. Here, we shall examine two important aspects related to women’s life: property rights and marriage/divorce.

Inheritance of Property Rights

Das observes that ‘the exercise of women’s rights is affected by entrenched cultural attitudes and perceptions, often internalised by women themselves’. ²⁵ Men in Naga society are convinced that they must protect a woman and go by the patrilineal system where women are not entitled to any share in ancestral property. Naga society is so stringent in following this system to permit a woman to have a share in the property even in the absence of a son. In such cases, the property goes to the father’s clan/closest kin. On this question, what if there is no male member in the family? Who will get the property? One of the male respondents, Puhan, said

The male relatives of the family will take the property, and it won’t be given to the daughters. This notion still exists in our society. Even all my children are girls, and they are all married, so they won’t get any of my property. I have no intention of giving any of my property to my daughters. I will sell it off if nobody is looking after my property.

Adding to that, another male respondent, Sangthing, said, ‘it has been like that because eventually, she will end up in someone else’s family’. As indicated, this patrilineal system is internalised by women. A female respondent, Chongphe, told me that:

I’ve not heard of any cases where women ask for land or want to inherit land or properties of their parents. But it’s our custom that women humble themselves to the belief that women shouldn’t inherit the land. However, well-off families do give their lands to their daughters.

Not surprising that another female respondent, Shoniu, explained through counter-questions, ‘why should women be given the property? When she gets married, she leaves her parents’ house with just her shawl, and in case of divorce, we (women) go back empty-handed. Why would girls be given the land’? When this question was further probed, as to why she thought in this way, the respondent was silent for a long time, and in an agitating way, she replied, ‘I don’t know what you are asking … I told you, women can’t have it. That’s it. If the husband does not have sufficient land, then he is allowed to cultivate on the land of wife’s’ father for a certain period of time but it’s never handed over to them permanently’.

Also, Zehol ²⁶ argues that gender relations in Naga patrilineal society draw attention to women’s economic dependence on men. Although women, especially in the villages, are active in the production process, and their activities are essential for maintaining the economic continuity of their societies, women do not have the opportunity to accumulate wealth. Why do only men decide on property and resources since there is an equal contribution in the agricultural field and why do women have no right to claim even during their divorce? When I asked this question, the reply to this by a female respondent, Koiniu, was that ‘only men do; why would women be involved? She can share if she has an opinion but cannot interfere. No sharing, there is no concept of sharing or dividing the property at the time of divorce’. Kikon also observes that ‘gender rights are focused on land rights and political participation, Naga women and men who are asserting the right to self-determination acknowledge that the customary practices and gender issues are deeply political matters’. ²⁷ Further, it is also seen in the Khiamniungan customary practices executive meeting records:

No woman, as a matter of custom, has the right (in the mode of inheritance) to take part in village administration, decision-making, and unfair judgment during divorce or separation. In the mode of inheritance by custom, women have no right to inherit immovable property from their fathers or ancestral property. Out of love and affection, she can be given some share of her father’s property as a gift that should be made in the presence of kinsmen and in-laws as witnesses. A widow can look after the property of the family as long as she remains under the roof of her deceased husband. ²⁸

Highlights of Some Practices of Marriage and Divorce

In all respects, women in Naga society, particularly among Khiamniungan, are seen in relation/reference to men. The lineage, property, decision, marriage or divorce is either manifested in customary law through oral history or politically socialised through morung. Further, the justification is constructed through folksongs, folklore, tattoos and so on, and made into a contemporary myth. Women’s experience/contribution to Naga culture is silenced so that only men’s story is consciously and unconsciously reproduced as Simone de Beauvoir observed:

A woman is nothing other than what a man decides; the male sees her essentially as a sexed being; for him, she is sex, so she is in the absolute … while he is not about her; she is the inessential in front of the essential. He is the Subject; he is the Absolute. She is the Other. ²⁹

Women’s lived experiences and consciousness are not recognised in the oral history and folk sayings of the Naga society. Moreover, men internalise women as objects rather than acknowledging their subjective experiences. Khiamniungan folklore on marriage goes:

When a young man wanted to marry the girl he liked from the right clan, he would call his friends and older male members. One of his friends would go to the dormitory, even if the girl resists; he will do everything to persuade and drag her; if feisty and cry, he would hoist her upon his shoulder and bring her to his friend wailing and flailing her arms about. The ritual would follow by sacrificing a chicken and its blood sprinkled into a leaf cup containing rice beer. One of the friends would hold the leaf cup, and the finger of the girl is dipped in it forcefully. Once this is done, and the leaf cup is thrown away, the girl has no option but to be the young man’s wife … bloodstained rice beer was the marriage agreement. ³⁰

The process of marriage is also reflected in folklore. One of the female respondents, Muthiam, details about marriage and divorce:

The girls can’t propose marriage? Why would a girl propose? The boy decides it (the respondent was quite agitated here and laughed). I don’t know beyond this, but yes, even girls used to tell boys, but it was the boy who would propose. In my case, I got married three times, and the reason was that I couldn’t conceive a child. I didn’t protest since all of them wanted a child. It was a mutual decision; there was no fight. In the first and second marriages, they got married again and had children. Meh lukhuwan ta ngiu lai tu khu kan kameh (So, if the husband says, leave the house, why would I agitate, I just left). In all three divorces, I was not given anything. I went back to my parent’s home.

When similar kinds of questions were asked to men, almost everyone expressed that only women are supposed to do the household work, otherwise it can lead to divorce. For instance, even a 90-year-old respondent, Changshou, said

My wife does the household work, and if she fails, nyem hai kum kan ao aiuji (I feel like kicking her out/divorcing her). I can marry a different woman if she doesn’t cook when I return from somewhere. If the same happens, I will divorce her again. Women are like a servant. It depends on how the men want to use them (he laughed). The servants are supposed to obey/listen to the owner, aren’t they? So, the husband is the owner. Women have no right to say anything. If they do, she is the loser, and has to return home (he laughed). In the case of a divorce, the husband’s decision is final. I will decide and there are many women out there. Immediately, I can marry whomsoever I want (his tone was serious).

When the question on the general impression of divorce was asked, many respondents, irrespective of gender, opined that in divorce, there is no consent of the wife because during the marriage, she comes just with her weaving materials from her parents, and she would go back with that. Her parents have no role in interfering. That is to say, often, ‘from her family, the girl received a basket with new woven cloth, fresh farming tools’. ³¹ So women have to go back with only these tools at the time of divorce.

Customary law has been celebrated as ‘unique’ and ‘to be proud of’, but it is neither democratic nor portrays gender equality. In fact, it is deeply rooted in patriarchy and produces unequal power relations between men and women. Women’s existence is interconnected with customary law that men have controlled since time immemorial. The ideology and practice of customary law are not gender-neutral or value-free but rather embedded in patriarchy. It is integrated with the existing system of tribe/clan authority and ‘Naganess’ with the sense of the past, an influence/version of the colonial descriptions. The contemporary construction of the patriarchal meaning of customary law is an outcome of not only the traditional justification coming from morung but also selective interpretation conveniently made by the menfolk within Christianity’s imagination of civilising missions and the so-called modernity. ³² It is further observed, ‘in family affairs like marriage or girl’s education, women are consulted, but the final decision lies with men …. This is the case of Lotha and Sema Naga as well … major decisions inside and outside the family are taken by the husband/father and the wives/daughters are to abide by the wishes and orders of their menfolk’. ³³

Women as the Bad Omen: Myth Construction and Validation

Customary law, in most cases, metaphorically drawing from morung, not only sharpens the patriarchal ideology but has increased the regulatory power of the customary court (dobhashi court). It produces the cultural history of Nagas based on popular beliefs, norms, customs, traditions and morality. The implication of customary law in practice reproduces the patriarchy as Das opines that ‘tribal people believe that all their customs are sanctioned by their ancestors’. ³⁴ This understanding is based on the sense of the past and has been internalised through the transmission of beliefs, sayings, folklore, songs, mythology, tales of heroism, dance, tattoos and so on. For instance, one of the popular folk songs goes

Nok jeha, menyu nok jeha; Nok jeki, menyu nok jeki

menyiu hai uh to nokhing ju shing je ta lah je, melo hai tsu siam je ta

(There is no permanent village for women. Women don’t rule,

If women rule, it is believed that men/husbands would not live long).

In the history of Khiamniungan, there is no record of a woman ruler/leader from time immemorial. ³⁵ Women are not allowed to participate in the village administration under any circumstances. This is justified by gender imagination associated with biological and social obligations. The social obligation arising from this is the sense that women are to look after the children and household chores while the husband being biologically fit, engages himself in the protection of the family and the village. ³⁶

In any given society, ‘suspiciousness and misfortune’ are some of the central labelling stereotypes for women. On many vital occasions, folk sayings assign omen or bad luck with women. That is to say, though no village wars are happening in modern times, the oral history of wars and folklores are brought into the context to justify the patriarchal value. When the question was asked about women’s participation on different fronts not related to war, for instance, a respondent, Khumong, shares

There were lot of preparation required before the war. Around 15 days to one month time is spent for cleaning the shield, spears, sharpening, etc. (displayed after cleaning them in the sun). In case, unknowingly, some woman stepped over or passed by, then that man would forfeit to go to war. Suppose he goes, he would be injured or become the victim of the enemy.

In relation to the construction of a log drum, ³⁷ where only men can participate, and women are equated with the status of animal, a male respondent, Thangnia, narrates

While taking the log drum, once the tree is cut down for its construction, it should never be left unattended, even for a single moment. Everyone will take turns and make it. Women are not allowed to touch or cross paths while pulling the log drum because it is considered inconvenient. While pulling the log drum, not even a single animal, be it a dog, cat, pig, etc., should be allowed to cross paths. If so happens, then that animal would be killed. Even during the making of the log drum, men shouldn’t sleep with their wives. Women shouldn’t wash their hair or cover their heads while the log drum is still in the making. The village is well informed when they set off on their journey to bring the log drum to the village. Any accident or inadvertent happening is considered ‘her’ fate.

In addition, Naga women are not allowed to attend council meetings or to have a voice in traditional institutions. It is taboo if a woman passes through the meeting hall when a council gathering is underway. ³⁸ Though it is considered to be taboo, in modern times, on some occasions, women are invited, particularly those women who are politically active and raise their voices for gender representation. For instance, a female respondent, Mongshai, narrated an event. The leaders invited her to attend a meeting which was on the land dispute between the two villages. Before the meeting began, there was a hassle in the congregation: ‘I came to know some members didn’t want me to participate in the meeting. I protested and tried to negotiate. Why should I not attend being the Women’s Organisation President? Since the majority protested, I was not allowed to attend, and I left with humiliation and insult’. The former president of a women’s organisation had a similar experience in which it was justified that her presence would lead to bad luck for society. She and five other members were invited to attend the tribal apex body general meeting (where members are male only). She said, the moment they entered, the utterance from a male came out: meshoa po nuko do meniu methso haito juho je, ku lothe va je da (this place is meant for men folk only to discuss certain things, women and children are not supposed to be present, we believe that bad omen might befall) and another comment came, nungsheo mungo nu shao atei le she nye? (from where have these five women arrived?). Though many did not approve of their presence, she shared that ‘I was given a chance to speak …. I waited for my turn. I stood and said, you all have discussed the betterment of our tribe, but what if there is no one to take care of it? Therefore, you should not ignore us just because we are women’.

Women are prohibited from taking an active part in social and public affairs and having any say for the simple reason that all the Naga tribes believe that the presence of women in such affairs is a bad omen for the whole society. ³⁹ This shows that women are considered subordinates and inferior to the men folk in Naga society as was perceived in the olden war days and this notion is justified even in modern times. Through verbal and nonverbal communication, women’s subordinate (or subservient) position in modern times is justified based on age-old myths about women, such as women are bad omen, or their presence brings bad luck and so on. As it is indicated, there exists a second order of semiological system at the connotational level in the construction of sign/meaning construction. ⁴⁰ The cultural context makes certain meanings possible to read a text in a particular way; therefore, the connotational level is essential. Through different forms of communication, such as verbal (proverbs, folks etc.) and nonverbal (for instance, all the symbolic communication taking place around the construction of log drum or the structure of morung), contemporary myths around women are constructed, circulated, consumed and reproduced through the circuit of culture.

In a nutshell, it is deeply embedded in the perceptions of the past in a more general sense that every village knows about their forefathers’ day. The construction of the past perception or group sense of history is not timeless and constant. But these oral stories continuously justify women as carriers of tradition and reproduce patriarchy in the refined form to fit into the time and space.

Naga Society: The Question of Egalitarian and Democratic Nature

It was the colonial administrators and anthropologists who glorified Naga society as democratic and egalitarian. By now, it is clear that what they view as ‘extremely egalitarianism’, ⁴¹ sovereign village states and village republics ⁴² have been concluded without considering the gendered point of view. The women’s experiential knowledge was not taken into account while advocating that the society had a ‘democratic nature of the tribal arrangements’. ⁴³ Similarly, in an earlier account, Davis holds that Naga villages were ‘thoroughly democratic communities’ whose customs were ‘exceedingly democratic’. ⁴⁴ Captain Butler, a colonial officer, considered Naga society as the ‘purest democracy’ and ‘egalitarian functioning’. ⁴⁵ Following him, Hutton also maintains that Naga society is an ‘extreme’ democracy, ⁴⁶ further reproduced in postcolonial times through popular speeches. For instance, Chief Minister Vizol believes that there exists a ‘village- democracy’ which is secular. ⁴⁷ In short, the same paradigm continues to reproduce in the post-colonial writings, which suggests that the Naga society was an ‘egalitarian society’. ⁴⁸

These accounts ultimately create influential rhetoric about ‘Naganess’ and their shared identity, especially about the myth of the ‘unique culture’ and ‘republic village’ in which representation of all clans, male elders and experienced members of the clan make decisions with the consent of the rest of the members. This reinforces the opinion of many respondents. For them, the representation of male members of all clans is democratic, and women’s representation is not a matter of democracy. For instance, a male respondent, Sangsa, told me that ‘in the Khel (colony), the majority clan decides like the democratic government method (majority rules) of the morung, which is like a mini democracy’. I further probed and questioned: when you say it’s like a mini democracy, why do you think women are not allowed in the morung because democracy holds the value of ‘equality’ or gives equality to both men and women? The genealogy goes to the oral history or folks repeating the same: ‘since time immemorial, women are not allowed. It is regarded as a taboo when women are allowed or unintentionally intrude. Social norms have been formed so that women are not allowed because of the fear of a bad omen’.

In Nagaland, the old traditional practice of separating the private and public spheres has also affected women’s electoral politics in contemporary times. The assigned roles, decisions and consent have, till now, been based on customary law. How do we deconstruct the meaning constructed by the scholars of colonial and the post-colonial period about the myth that Naga society is ‘the purest democracy and the widespread belief that Naga women have always held a high and honourable position?’ These deconstructions are necessary for the male population to open up possibilities of rational discussion on women’s rights and political participation. They work on equal terms with men in the fields, which makes Verrier Elwin to define equality of men and women. However, he remains uncritical about excluding women in morung and public political bodies. This silence is a gap where the male folk conveniently bring the oral history and folk sayings to justify the lack of women’s participation in the political sphere while eulogising Naga society as a democratic one.

The unbelievable truth is that the documentation and description identifying Naga society as egalitarian or a village republic in the past centres only on the male population and it continues till today. But can we consider this a democratic society, or in what way customary law be seen as democratic governance and administration of justice where only men can participate, and the male perspective is binding? Based on an empirical study, the article establishes the argument that morung, ‘customary law’, or so-called unique Naga culture are deeply rooted in a patriarchal structure. There is no doubt that customary law existed before the British administration and governed every sphere of life through the oral narration of elderly men based on hierarchy, age and sex. Hence, there was no village republic, neither the egalitarian function of Naga society nor the purest form of democracy in Nagaland in the pre-British period. Even folklore, songs, tattoos, dances and past stories suggest the existence of power relations and the inferior position of women in society since the forefathers. But changes in customary law after the arrival of colonialism and its association with Christianity had both positive and negative impacts. For instance, the oral tradition we have explained never allowed a girl to choose her partner. However, once the population embraced Christianity, change in customary law was not an issue. While appreciating the introduction of education and philanthropic activity of Christian missionaries, it also re-empowers and strengthens the patriarchal norms and practices under new juridical principles.

Conclusion

Customary law amongst the Khiamniungan tribe represents the social order, hierarchy and power relations that justify gender stereotyping. It essentially presents a view where women are seen as passive objects rather than active subjects of the past. It is no wonder that the women in servitude, subjected to enslavement, represent present-day Naga society. In short, this article has highlighted that, directly and indirectly, customary law promotes social inequality, hierarchical social order and missing adjective political institution. Morung still plays a crucial role though the institution is declining in importance. In what sense is the colonial interpretation of Naga society as egalitarian and democratic stands valid if Naga society justifies male dominance in all crucial spheres, such as inheritance of property, marriage, divorce and political participation? One could read this colonial interest as an outcome of the functional relationship between administrative agenda and Christianity. Also, the history of ethnographic writings was subjected to the male gaze and written by men. In other words, if Christianity is acceptable to change the traditional beliefs and laws pertaining to significant issues like marriage, then men-folk must critically consider the fact that there is not a single, strict, codified belief in customary law and that it must adapt to the demands of time and, therefore, democracy.