CUSTOMARY LAWS OF THE SOCIAL INSTITUTIONS OF THE TANGSA, NOCTE AND WANCHOO TRIBES OF ARUNACHAL PRADESH. (EXECUTIVE SUMMARY)

The Tangsas are one of the major ethic tribes of Arunachal Pradesh, mostly settled in the Chanlang District. They are divided into different sub-tribes such as Lungchangs, Yoglis, Mosangs, Ronrang, Khemsings, moklums, Tikhas, Ponthais, Longhis, Sankes, Lungris, Taipis, and the Haves. Agriculture is the fundamental means og their livelihood. Besides, they weave clothes , do bamboo works etc.

The Wanchos inhabit the Western part of Tirap District, bordering Nagaland. They are a carefree, cheerful and hard-working people. Head hunting was customary with them in olden days. It was connected with many of the social activities of the tribe. Their society is divided into four classes: The Wanghams (chiefs), the Wangpans, the Wangaue and Wangaas. They have a strict sense of discipline and the law and a village council maintains order of the society. The entire tribe is divided into about forty confederacies of villages. The women are good weavers but the art is restricted to the members of the chief’s family only. They are expert in wood carving also.

The Noctes inhabit the Central part of Tirap to the east of the Wanchoos. They are organized under powerful Chief, those of Namsang and Borduria. Noctes are famous as salt producers, which is their chief item of trade and barter. They are agriculturists. They also cultivate betel leaves on a commercial scale.

Family

The family pattern of these indigenous groups undertaken in our study, follow the patrilineal (line of descendent through male), patrilocal (rule of power), patriarchal (rule of residence) form of family structure. Their line of descent is traced through male line. The most common types of family as seen among them is of nuclear and joint type of family pattern.

The father in a family is vested with the highest power and authority as well as a decision maker and taker for proper maintenance and economic upliftment of the family. The mother has more obligations towards domestic chores. But, after the death of the father, the eldest son takes the responsibilities of the family members if he is self dependent and has a source of income to maintain the family. If any decision is to be taken regarding to any family matter, the eldest son confers upon the decision in consultation with the mother.

Marriage

In case of marriage, the rule of clan exogamy (marriage out of clan) is followed by the Tangsas, Noctes and Wanchoos. Tribe endogamy (marriage within same tribe) is the customary rule but clan endogamy (marriage within same tribe) is strictly prohibited among the Noctes, which is exceptional.

Monogamy (single form of marriage) is the customary practise. This type of marriage is by and large the dominant and accepted form of marriage in the present day society among these three tribes. Polygamy (marriage of man with more than one woman) is still in practice customarily, but under special circumstances, like in case of barrenness or due to the sudden demise of ones’s own brother. Among the Wanchoo Chiefs the practice of polygamy was rampant through considerably restricted in the present day society.

Cross-cousin marriage MSD (Mother’s Sister’s Daughter) and FBD (father’s Brother’s daughter) is preferable whereas parallel cousin marriage FBD (Father’s Sister’s Daughter) is not permissible. The practice of both Levirate (marriage of a man with his deceased brother’s widow) and Sororate (marriage of a man with deceased brother’s widow) form of marriages are in existence when mutually agreed upon. Among the Tangsas, it is found that junior levirate (marriage of an elder brother with deceased younger brother’s widow ) is in practice with mere consent of the widow’s family. Senior levirate (marriage of a younger brother with his deceased elder brother’s widow) is prohibited.

There are three ways of acquiring mates in general i.e. by way of negotiation, mutual love and by elopement. As a customary rule, to negotiate a marriage, the parents of the boy and the girl plays a key role in accepting the proposal of each other’s consent. After the final fixation of marriage from both the parties, the bride price is fixed. It is paid either in cash or kind. The nature of payment of bride price varies from each other.

Regarding the marriage of widow, she is allowed to marry within her deceased husband’s clan. She is treated as a family member and deserves the same honour as received during her husband’s lifetime. She cannot alienate any immovable property like land, bamboo groves etc. Without prior consultation with the other male heirs of the family concerned. But she can enjoy her deceased husband’s property till her remarriage. In case if she wishes to marry outside her deceased husband’s clan, she is not entitled to claim the common property but can own herself acquired female property brought at the time of her marriage from her parental house.

Divorce

The practice of divorce is very rare among the Tangsas, Noctes and Wanchoos. Whenever it happens the couple themselves generally negotiate it, if not, the parents of both the partners try to decide and solve it amicably. The Village Council is empowered to grant decree of divorce in certain cases on reasonable grounds like maladjustment, adultery, barrenness, extramarital affairs, physical abuse, mental torture and impotency.

The implication of bride price also makes it difficult for a wife to seek divorce from her husband. If the husband divorces his wife, she is compelled under customary laws to pay back the bride price. The return of the bride price depends on the initiator and nature of the case. After complete proceedings of dissolution of marriage of a woman, she can opt for second marriage if she wishes to reside in her parental house. She cannot claim the right to inherit the immovable properties of her husband.

Custody of children and Guardianship

As a customary rule, after divorce all the children born out of their wedlock remains under the custody of the father. The minor children are taken care of and given in the mother’s custody in case of divorce. When a child grows up, he or she decides himself or herself with whom to reside. The husband may make the allowance for maintenance of the minor child to the divorced wife in kind during the nurturing period under her care and protection.

Usually the kin members of the parental side upon the guardianship of a child in absence of the natural guardian. After the demise of the father, the widowed mother acts as the sole guardian until and unless the children become independent and economically sound. Sometimes the eldest son acts as guardian after their parent’s death. The Village Council in general confers upon the responsibility of appointing a suitable guardian in case any dispute occurs. The appointed guardian who is not suitably fit is removed by the kin members and other elderly persons.

Adoption

Adoption is in practice among all three tribes. Preference for adoption is made from one’s own clan. Among the Noctes and Wanchos there is no restriction to adopt any child. But in the Tangsa community there is restriction over adoption of one’s own sister’s child and a woman from adopting her own brother’s child. In no circumstances such type of adoption is recognized by the Tangsas. According to social norms a barren couple prefers a male child than a female child to continue their lineage and to look after their ancestral properties.

An adopted child can inherit the property share of his adopter parents provided he belongs to the same clan. The adopted child is entitled to have the same status and privileges as that of the adopter’s natural heir. But, after a few years or so, if the barren couple happens to beget children, the property is shared between the adopted son and the natural sons. No ritual is connected with adoption, but to inform the villagers, the adoptive parents offer a feast to the villagers. From the day of adoption, the adopted son takes the clan name of the adoptive father and ceases any family relation of his own. The adopter parents are responsible for any crime committed by the adopted sons.

Maintenance

In all the communities, in case of the maintenance of a widow and her children, it is the obligation of the father-in-law of the deceased to look after them. A widow hardly remains as a widow. She can maintain her deceased husband’s property like house, land, fields, etc. as long as she is not separated from her deceased husband’s family. Both the family members are responsible to take care of the widow.

The widow also enjoys the same status as she enjoyed during her husband’s lifetime. No social stigma is attached to her. She can perform every social function in the same way as she did earlier.

A divorced wife is not entitled to maintain her husband’s property. In Wancho society, after the death of the father, the eldest son becomes the sole heir of his father’s position and accordingly inherits his father’s properties. He is obliged to help his married brothers and sisters during the hour of distress. If a man inherits his stepfather’s estate he is bound to maintain his stepfather and stepmother in old age. But if the stepmother remarries he is not bound to maintain her.