This book offers a multifaceted look at Northeast India and the customs and traditions that underpin its legal framework. The book:
- charts the transition of traditions from colonial rule to present day, through constitutionalism and the consolidation of autonomous identities, as well as outlines contemporary debates in an increasingly modernising region;
- explores the theoretical context of legal pluralism and its implications, compares the personal legal systems with that of the mainland, and discusses customary law’s continuing popularity (both pragmatic and ideological) and common law;
- brings together case studies from across the eight states and focuses on the way individual systems and procedures manifest among various tribes and communities in the voices of tribal and non-tribal scholars; and
- highlights the resilience and relevance of alternative systems of redressal, including conflict resolution and women’s rights.
Part of the prestigious ‘Transition in Northeastern India’ series, this book presents an interesting blend of theory and practice, key case studies and examples to study legal pluralism in multicultural contexts. It will be of great interest to students of law and social sciences, anthropology, political science, peace and conflict studies, besides administrators, judicial officers and lawyers in Northeast India, legal scholars and students of tribal law, and members of customary law courts of various tribal communities in Northeast India.
Table of Contents
List of Figures and Tables. Contributors. Acknowledgments. Abbreviations. Introduction Melvil Pereira Part I: Conflict Resolution Systems: Theories, Thoughts and Concepts 1. Conflict Resolution Systems in the Tribal Societies of Northeast India: Legal Pluralism and Indian Democracy Nandita Haksar 2. Diverse Personal Laws, Gender Justice and Controversy over the Uniform Civil Code Flavia Agnes 3. Customary Law, State Law and Non-State Organisation: The Predicaments of Legal Pluralism and Growing Conflict in Nagaland N. K. Das 4. Customary Law and the politics of Peace and Conflict Resolution in Post-Colonial States: Threats Posed by Modernisation and Development Bitopi Dutta 5. Legal Pluralism and Alternative Dispute Redressal Systems in the Northeast Ranga Ranjan Das 6. The Resilience of Tribal Conflict Resolution Systems in North East India: A Panoramic View Melvil Pereira and R. P. Athparia 7. Mizo Customary Laws and the Discourse of Women’s Rights V. Sawmveli Part II: Fights in the Field: Case Studies of Resolution Systems from the Communities of Northeast India 8. Traditional Methods of Conflict Resolution of the Sumi Naga Tribe Herali Achumi and Alphonsus D’Souza 9. The Hall without Walls–The Role of Namghars in Peace-building: Practices and Prospects Jayanta Madhab Tamuly 10. The Khasi-Pnar Ideology of Peace and Conflict Resolution Valentina Pakyntein 11. Indigenous Methods of Conflict Resolution in Sikkim: A Case Study on the Dzumsa Ganga Maya Tamang 12. Exploring Traditional Approaches to Resolving Conflicts over Land Resources: The Case of the Nyishi Tribe in Arunachal Pradesh Tame Ramya 13. Hmar Traditional Practices in Conflict Resolution: An Anthropological Perspective Immanuel Zarzosang Varte and R. Th. Varte 14. Conflicts and Systems for its Resolution among the Paites of Manipur H. Kamkhenthang 15. Forums for Conflict Resolution in the Jaintia Tribal Community over Land Resources Rikil Chyrmang 16. Indigenous Conflict Resolution Mechanisms: A Study on the Riang of Tripura Janet Florine Tellis. Epilogue Thomas C. B. P. Small. Glossary. Index
Melvil Pereira is Director of North Eastern Social Research Centre (NESRC), Guwahati, Assam, India, and a member of the Assam Backward Class Commission.
Bitopi Dutta is currently a doctoral candidate at Dublin City University, Ireland.
Binita Kakati is Research Associate at North Eastern Social Research Centre (NESRC), Guwahati, Assam, India.