chapter - v rural social organifciation and authority...
Post on 23-Mar-2020
0 Views
Preview:
TRANSCRIPT
CHAPTER - V
RURAL SOCIAL ORGANIfciATION AND AUTHORITY SYSTEM
218
5 . RURAL aOCIAL QRGMIoATIQN MP AUTHORITY SYSTEM
5 . 0 1 . The V i l l a g e Qovemment i n T r a d i t i o n a l Socie ty
More than f i v e decades ago the famous a d m i n i s t r a t o r
a n t h r o p o l o g i s t , J . P. Mi l l s remarked t h a t , with a l l t h e
r e a l p o l i t i c a l u n i t of the t r i b e , i t i s the v i l l a g e govern••
ment t h a t governs and admin i s t e r s over the e n t i r e people
of the v i l l a g e . W.C. Smith a l s o v r o t e t h a t Naga v i l l a g e s
were bound t o g e t h e r by s o c i a l , p o l i t i c a l and r e l i g i o u s 2
t i e s . Nagas as a whole, o r as v a r i o u s t r i b e s had n o t been
under one head before the B r i t i s h advent , Since time imme
m o r i a l , v i l l a g e government was the only government known
to them and accepted i n s t i t u t i o n in t h e i r s o c i e t y with a
s t r ong sense of v i l l a g e s o l i d a r i t y . The government was run
wi thout w r i t t e n laws . However, the u n w r i t t e n customary
laws and u s a g e s , which were s t r i c t l y adhered t o . Even today
customary laws a r e cons idered as the guid ing p r i n c i p l e s of
the Naga l i f e . Within t h e t r i b e , l eagues of v i l l a g e s were
a l s o formed f o r the purpose of war and defence . In the o ld
head-hunt ing days , l o o s e l y k n i t of such leagues gave the
t r i b e a high degree of p o l i t i c a l cohesion.-^ I t may be noted
t h a t f o r a Naga, the p r e s t i g e of the v i l l a g e i s more than
t h a t of an i n d i v i d u a l . That a person may make a supreme
s a c r i f i c e to uphold the p r e s t i g e of h i s v i l l a g e .
219
The system of Bachelors ' House, the youth dormito
r i e s , played a v i t a l ro le not only in defending the v i l l a
ges from enemies but also in bui lding a complete l i f e of
an individual . This i n s t i t u t i o n vas considered as the cen
t r e of ove ra l l soc i a l i z a t i on , vhere young men received com
pulsory informal education from the e lde r s . Apart from
imparting war t a c t i c s , the house imparted knowledge of the
t r i b a l welfare, i o r ins tance , craftsmanship, songs and
dances, matrimonial l essons , d i s c i p l i n e , mi l i t a ry t a c t i c s ,
r e l ig ious p r ac t i c e s , lessons on customary usages and prac
t i ces e t c . were taught in these houses. The i n s t i t u t i o n of
youth dormitory f u l f i l l e d the various functions of modem
s t a t e such as defence, education, human resource, r e l ig ion ,
cu l tu re and communities welfare e t c .
J+.02, Forms of Vil lage Government
( i ) Democratic
There had been two major forms of v i l l age governments
in Naga society v i z : ( i ) democratic, and ( i i ) au tocra t ic
forms of goveniment. For ins tance , the Angamis, the Aos,
the Chakesangs, the Lothas, the Kacharis e t c . had democra
t i c form of government, whereas the Kukis, the Semas and
the Konyaks p rac t i s e au tocra t ic type of v i l l age government
even today. In t h i s context , the perspect ive of John
B u t l e r ' s observations on the forms of v i l l a g e government in
Naga society may be re levant .
220
The form of Naga Government i s democratical; each clan seems to be ruled by a pres ident and tvio subordinates or deputies who form the executive. The pres ident i s cal led Khonbao, and the deputies Sunekae and Khonsae: the one Prime Minister and the l a t t e r a chief over 20 houses. The chief magistrate or a r b i t r a t o r , the Khonbao, decides a l l disputes of a c i v i l or criminal na ture , and i t i s opt ional with him e i t h e r to d i r e c t or enforce h i s orders with h i s own sword; but i n a l l these he i s merely an organ of agent of the people, for the decisions are the r e s u l t of the consul tat ion of the whole Raj, or populace, who d i s cuss a l l matters of importance in the open Moorung, or h a l l of j u s t i c e , to be found in every Naga v i l l a g e . The Khonbao, iaundekae and the Khonsae, on these occasions, summon a l l the conmunity to a t tend and a s s i s t with t h e i r counsel in disposing of any a f fa i r s of moment; such as was to be undertaken against a foe, or in furtherance of revenege; or the punishment of crimes committed by any of the members of the t r i b e and opposition to t h e i r es tabl ished p o l i t y . " 5
He found the purest form of democracy in which every-
man followed the d i c t a t e s of h i s own w i l l . The v i l l age
headmen or chiefs (Peumas), managed to a r b i t r a t e between
the l i t i g a n t s .
The Semas, Konyaks and Maos have heredi ta ry chief
taincy, among the Konyaks chiefs (Angs) have g rea te r powers,
whose words are followed by the people as laws. The Aos
have a republican form of Government in which a s izeable
chosen headmen ca l l ed Tatars . ruled the v i l l a g e . The Angamis
Lothas, Rengmas e t c . p r ac t i s e a pecul ia r type of democracy
221
with little variation in nature of its composition. "Thus,
in almost all the Naga village-states in principle except
Aos, there are modest hereditary kings or elected chief
tains assisted by a council of elders elected by the
clans.""
(ii) Autocratic Chieftainships
(a) !3he Kuki Village Administration
'Jhe Kuki village administration is vested entirely
in the chief of the village called Haosa, whose office is
hereditary. He nominates a number of officials to assist
him in village administration such as Seimang^ Paachonp. Q
Thempu, Thihsu, and Lomm, who are assigned various powers
and duties and the Haosa acts as the head of administra
tion. The highest court of appeal is the Haosa's court
where a number of judges; the nominee of Haosa sit around
and behind him. The Haosa acts as the Chief of the Justice.
He decides all matters of both civil and criminal cases
within the village with consultation of his ministers or
councillors. He may inflict punishment even upto the extent
of expulsion of the culprits from his village. When a man
has to leave his village the Haosa has right to take all
his standing crops including the stored grain. This happens
when a villager migrates without the permission of Haosa.
If he (Haosa) has caused the man to move out from the
222
v i l l a g e , the chief has no r igh t to confiscate h i s property,
although he i s not beyond doing so in a l l cases . In the
matters of v i l l age administrat ion and soc ia l controls sys
tem, an oath i s administered, which i s a lso i den t i c a l v?ith
the other Naga- communities. For ins tance , Ai tui drinking
of the j u i ce of the Ai p l a n t , ° eat ing the ear th , drinking
water from the b a r r e l of gvn, or b i t i n g the ba r r e l of gun,
diving or immersion, b i t i ng a spear or a dao, b i t i n g a
t i g e r ' s tooth e t c . are some of the common prac t i ces found
in Kuki society. These oaths taking r i t u a l s are perfonned
by the Thempu in the presence of Haosa. Similar customs are
also followed by d i f fe ren t t r i b e s , which vary from v i l l age
to v i l l a g e and also from t r i be to t r ibe*
(b) The Sema Vil lage Administration
The Sema system of administrat ion i s more d i c t a t o r i a l
in nature than that of the Kuki 's . The Sema v i l l age chief, 10 Kekami d i c t a t e s h i s people according to h i s own v ishes .
This system of d i c t a t o r i a l form of government i s generally
found in t r a d i t i o n a l Sema v i l l a g e s , which may be considered
as the pures t au tocra t ic form of government Kikami i s the
r ea l d i c t a t o r and adminis t ra tor , v;ho provides the laws,
whether h i s people l i k e i t or not . He d i r ec t s h i s people to
go to the war. He owns the en t i r e land in h i s v i l l a g e and
those who l i v e there are t rea ted as h i s tenants . No other
persons can c u l t i v a t e land without h i s permission.
223
While comparing and contrasting the Kuki and Sema
system of administration, the t>ema Chief does not keep
many ministers, councillors, priest, blacksmith and task
force as ve find in the Kiiki society, although both the
systems are considered as dictatorial forms of village
government. Unlike the Kukl Haosa, the uema Akukau (king
or chief) keeps one or more (2iocho(s). He Chochomi serves
a» a sort of herald, the messenger or the carrier of the
king's order to be obeyed, followed and implemented without
fail. In many cases Ghocho performs the duties of a deputy,
who manages his own £iffairs as directed by the chief.
ghocho is a nominee of the chief, whose qualification must
"be a man physically fit, experience, sound judgement,
witty, and smartness. In many aema villages there are assis
tants of the chief known as Akiniu. Both the Sema and Kuki
chiefs imposed certain taxes upon the villagers like, head
load of paddy, firewood, a portion of meat or free labour.
Gifts are also given in lieu of taxes. The Sema and Kuki
landownership system as well as the institutioir of chiefs
are similar. The chieftainship is passed from one genera
tion to another. However, the system appears to be influen
ced by the various trends of the contemporary life, And
thus, there is found to be a trend of pilvate ownership in
landed property among the two communities, in Molvom vil
lage, some private landed properties have been identified.
22M-
This is a significant change in traditional ownership sys
tem of land among the Kukis,
5.03, Village Organisation
(i) The Khel System
A Naga village is generally divided into a n-umber of
Khels, (ward or sector or hamlets) according to the size
of the village. This division is particularly found in big
ger village all over Nagaland. By the word Khel we mean, a
particular settlement area in a village or in a town (Mepu
in Ao Naga). In other words, lOiel refers to a geographical
sub-division roughly indicating a cluster of families. In
most of the Angami villages the organisation of Khel is so
distinctive, where the Khel administration is run by the
organisation of the Khel itself. Verrier Elwin had observed
that the basic interest of every Naga was his family, the
clan, the Khel and the village.^^ We have also found the
same situation prevailing even now in an Ao village, Ghung-
tia (Mokokchung district) in n98i+. The entire Ghungtia
village is divided into five different sectors, Me u, - in
which we have identified a particular clan occupying a par
ticular area of settlement. In this village, the settlement
pattern has direct correlation with the landownership sys
tem. This is a common practice in Ao community. However
there is no such practice in Diphupar village under study.
225
( i i ) The caan System
The v i l l age organisat ion in Nagaland i s pr imari ly
based on i n s t i t u t i o n of clan. I t can r igh t ly be considered
as the basic u n i t of t h e i r soc ie ty , A clan i s a group of
families amongst whom inter-marr iage i s s t r i c t l y prohib i
ted. This prohibi t ion i s so effect ive t ha t no effects of
in-breeding have ye t been seen in t h e i r society in sp i t e
of smallness of the t r i bes as well as the v i l l a g e . I t i s
a taboo to have marriage within the same clan. In every
Naga v i l l a g e there are number of d i f f e ren t c lans , claiming
a common or ig in . The members of that clan consider to be
the descendants of a common ancestor. Generally, two or
more such clans form a Naga v i l l a g e . In th i s way, we find
members of a p a r t i c u l a r clan spreading over a number of
v i l l ages i n Naga socie ty . Due to occupaticanal mobili ty,
a new trend of migration from v i l l a g e to towh has
s t a r t e d taking p lace . As a r e s u l t a p a r t i c u l a r clan, which
was confined only to one small area, i s now found a l l over
Nagaland.
In t h i s study, we have t r i ed to know the number of
such clans l i v ing in each v i l l age of d i f fe ren t t r i b e s . We
have foiind that there a ie 83 d i f fe ren t clans as mentioned
in chapter I I , t ab le 2,19 belonging to e igh t d i f fe ren t
t r i be s i . e , , Angami t r ibe of Medziphema and Diphupar
226
v i l l a g e s 2V clans , Ao t r i b e of Diphupar v i l l age eigJht c lans ,
the CJiakesang t r i b e of Diphupar v i l l a g e six c l ans , the
Kachari t r i b e of Dhansiripar v i l l a g e ten c lans , the Kuki
t r i b e of Molvom v i l l age 12 c lans , the Lotha t r i be of Diphu
par v i l l a g e e ight c lans , the Rongmei t r i b e of Diphupar v i l
lage two clans and the Sema t r ibe of Diphupar v i l l age and
Nihokhu v i l l a g e 13 c l ans .
The Naga h i s to ry suggests tha t the Naga t r i bes are
organised in such a way tha t t h e i r l i v e s get maximum secu
r i t y and the basic needs of l i f e are provided upto the maxi
mum extent throughi v i l l a g e organisatidin^ As we f i a d i n the
f igure 5 . 1 , a number of clans form a group of fami l i es , a
group of families form a v i l l a g e and a number of v i l l a g e s
form a p a r t i c u l a r t r i b e or community l iv ing within a def i
n i t e boundaiy. The geographical area belonging to a p a r t i
cu la r ly community i s divided in to a number of zones or
ranges. For ins tance , the whole of Ao country i s divided
in to six d i f f e ren t ranges namely, Asetkong, CSriangkikong,
Japukong, Langpangkong, Ongpangkong and Tzurangkong, simi
l a r l y , the Lothas have three d i s t i n c t ranges namely, the
Upper range, the Middle range and the Lower range. Similarly
the whole of Angami country i s also divided in to Southern,
Northern, Western and Ghakro area. The land of the Sama i s
also broadly divided i n to Eastern and Western and so on.
227
In each geograph ica l a r e a t h e r e a r e s i z e a b l e number of v i l
l a g e s , vfhich a re g e n e r a l l y found l o c a t e d on h i l l t o p s . From
the re they c u l t i v a t e i n the l o v e r a r e a s . In o the r words,
the Nagas c o n s t r u c t t h e i r houses on the h i l l o c k ; produce
food i n the low land and ca r ry i t t o t h e h i l l - t o p and e a t
t h e r e as they p r e f e r to l i v e on the h i l l o c k . Besides the
o r g a n i s a t i o n of v i l l a g e government and Area Council func
t i o n i n g a t the g r a s s - r o o t l e v e l , t h e r e a re some a reas of
s o c i a l s t r a t i f i c a t i o n i n Naga s o c i e t y which have no t y e t
been e x p l o i t e d p u r p o s e f u l l y . We f e e l t h a t r u r a l development
programme i n Naga s o c i e t y s h a l l n o t b e a r much f r u i t wi thout
xinderstanding the b a s i c o r g a n i z a t i o n a l s t r u c t u r e of the
community.
F igure 5 . 1 i TRIBAL Ommi SATION
! VILLAGE !
I i ! CLAN CLAN CLAN
FAMILIES
TRIBE
1 1 1
1 1 1
! VILLAGE I I I
CLAN t f t I
CLAN CLAN
FAMILIES
nriLLAGE I I
I » CLAN CLAN CLAN
" " I t «
FAMILIES
228
5.0^. The Working of Village Coiincil
!aie history records that Naga villages were so orga
nised and regarded as small states or republics. The vil
lages were more or less knitted right from the time imme
morial. Though there was excessive control over inferior
villages by superior villages. Every Ao village is a state
«•• having nearly everything, within the village and having
independent 'foreign' relation' and such kind of strong
village government existed among all Naga tribes in diffe
rent forms since early times. However, there was no uniform
legal system of village government in Naga society till
1973. After realising the importance of village government,
the State Government of Nagaland passed an Act know as
Nagaland Village and Area Council Act in 1973, and there
after, it was further amended in 1978 with a view to cover
ing uniformity in village council structure all over Naga
land. AS per the Act, the villagers are freely involved in
the affairs of the developmental activities of their own
village through mass participation. The Act seeks to have
uniform system of village councils in every government reco
gnised village. This amended Act provides the village coun
cils with a varied and well defined powers, responsibili
ties and more statutory cognisance than before. It is impe
rative now that the village councils function as catalyst
agent for development programmes for the villagers.
229
(i) T leotlon of members and composition of the coioncil
The members of the village council are generally
chosen by the villagers themselves in accordance with the
prevailing customary practices and usages for a period of
five years. This term may also be extended for a period
not exceeding one year at a time. There is no hard and
fast rule or method to be applied v?hile selecting a member
of the council. What they have to follow strictly is the
unwritten customs of their own. The names of chosen mem
bers are then submitted to the Government through Extra
Assistant Commissioner/Sub-Divisional Officer (CJivil) for
formal approval as per the Nagaland Village and Area Coun
cil Rules framed in 1979.^^ The size of the Village Coun
cil is generally determined by the villagers themselves
according to the needs and size of the village population.
They will have to select from amoag the chosen member a
Chairman and a Secretary, who will be assigned with certain
responsibilities and duties for smooth functioning of the
council, !Qie council is well represented by differsit clans
in the village, and the existing rural institutions, which
are traditionally established like the Putu Menden,
where the rulers used to sit for 30 years in Ghungli and 17
six years in Mongsen ' system of village administration
found in Ao area are also recognised as the Village Council;
which may continue to function as the same established
230
i n s t i t u t i o n according to respect ive customs and usages. I t
means tha t a l l es tabl ished ru ra l i n s t i t u t i o n s can continue
to function without heing affected by the above Act.
( i i ) Powers and Duties
The Village Council in Nagaland has been a l iv ing
i n s t i t u t i o n since time immemorial* This Act, provides un i
form powers and dut ies to a l l recognised v i l l ages in Naga
land providing two primary dimensions of powers i . e . the
development and administrat ion of j u s t i c e as mentioned
below,
(A). The Developmental Powers and Duties
Under the Clause 12 of the above Act, the Vil lage
Council has empowered the following;
(1) to formulate Vil lage Development Schemes, to super
vise proper maintenance of water supply, road, fo re s t ,
education, and other a c t i v i t i e s ^
(2) to help various government agencies in carrying out
development works in the v i l l a g e ;
(3) to take development works on i t s own i n i t i a t i v e or
on request by the Government^
(1+) to borrow money fixsm the government, banks or f inan
c i a l i n s t i t u t i o n s for appl icat ion in the developmeht
and welfare work of the v i l l age and to repay the same
with or without i n t e r e s t as the case may be;
231
(5) to apply for and receive g ran t - in -a id , donations,
subsidies from the government or any agencies;
(6) to provide secur i ty for due repayment of loan received
by any permanent res ident of the v i l l age from the
government, bank or f inancia l i n s t i t u t i o n s ;
(7) to lend money from i t s funds to deserving permanent
res idents of tbe v i l l a g e and to obtain repayment
thereof with or without i n t e r e s t ;
(8) t o f o r f e i t the secur i ty of the individual borrower on
h i s defaul t in repayment of loan advanced to him or
on h i s commission of a breach of any of the terms of
loan agreement entered in to by him with the council
and to dispose of such secur i ty by public auction or
by p r iva te s a l e ;
(9) to enter i n to any loan agreement with the government,
bank, and f inanc ia l i n s t i t u t i o n s or a permanent r e s i
dent of the v i l l a g e ;
(10) to r e a l i s e r e g i s t r a t i o n fees for each l i t i g a t i o n
within i t s j u r i s d i c t i o n ;
(11) to r a i s e fund for u t i l i t y service within the v i l l age
by pgissing a resolut ion subject to the approval of
the State government, provided tha t a l l mcMaetary
t ransact ions shsuLl be conducted through a scheduled
Bank or the Nagaland State Co-operative Bank;
232
(12) to cons t i tu te Vil lage Development Board;
(13) Po"wer to do cer ta in acts in the event of an epidemic.
On the outbreak of an epidemic or infec t ions disease,
the Vil lage Council sha l l i n i t i a t e a l l preventive
measures.
(B) Administrative Powers
Under Clause 1^-, the Vil lage Council can administer
j u s t i c e v i t h i n v i l l age l i m i t s in accordance v?ith the cus
tomary laws and usages as accepted by the conons of j u s t i c e
es tabl i shed in Nagaland^ and the law in t h i s respect as
enforced from time to time Clause 1^(1). In case of d i s
putes between v i l l ages f a l l i ng in d i f fe ren t areas or d i s
t r i c t s , two or more Vil lage Councils may s e t t l e a dispute
in a j o i n t session or re fe r i t to the appropriate author i ty
(Clause 1^(2). With regard to v i l l age administration under
C3.ause 15(1 )» the Vil lage Council i s authorised to se t as
the supporting agent to the government in the v i l l a g e admi
n i s t r a t i o n which Includes the following;
(a) maintenance of law and order;
(b) in serious case, offender may be ar res ted but such
person should be handed over to the neares t Adminis
t r a t i v e Officer or Police Station without undue
delay;
233
(c) to report to the nearest Administrative Officer in
case of occurrence of any unnatural death or serious
accident;
(d) to inform the presence of strangers, vagabonds or
suspects to the nearest Administrative Officer of
Police Station;
Ce) to enforce orders passed hy the competent authority
on the village as a whole;
(f) to report out-break of epidemics to the nearest
Administrative Officer or Medical Officer;
(g) to check that no transfer of immovable property is
affected without the consent of the Village Council.
Written records of these kind are maintained by the
Village Council.
5.05. Area Council
Area Council is another rural institution functioning
above the Village Council, It covers a number of villages
locating within a particular geographical area. The members
are either chosen or elected by the members of the Village
Council for a term of 5 years, which may be extended by the
State Government for a period of not exceeding one year at
a time. The Area Council is also a catalytic agent to the
government, which serves both developmental needs and the
administration of justice. It may be considered as a
23if
.Rural AssegjDly' runctioning a t d i f fe ren t ru r a l areas . Thus,
f ind kB such Assemblies in the whole of Nagaland out of
vhich two are in Medziphema Block namely, the Chakro Area
Council, Medziphema, consist ing 53 members and the Dimapur
sub-urban Area Council, Dimapur consis t ing 65 members. The
f i r s t Council covers a number of v i l l a g e s around Medziphema
and Mhokhu c i r c l e s , whereas the second Council covers the
remaining v i l lages spreading over Dhansiripar and Dimapur
Sadar c i r c l e s ,
(i) Composition
Each Area Council is composed of elected/chosen mem
bers by the Village Councils. The distribution of number of
members is determined by the size of population of the vil
lage, one person represents about 500 persons, and part
thereof but not below 250 persons. In case of a recognised
village having population less than 500 but having at least
250 persons, it shall be represented by one manber. In case
of a very small villages having less than 250 persons; two
or more villages have to send one member as their commcai
repre s en tative.
AS in the case of the Village Council, there is also
one Chairman and one Secretary in this Council. The Chairman
is elected from amcxig the members of the Area Council and
a member of the Council is nominated by tiie Chainnan to act
235
as the Secretary. Every Qiairman of the Area Council i s an
Ex-Officio member of the D i s t r i c t Planning Board. The loca l
adminis t ra t ive off icer acts as the Ex-Officio Executive
Officer of the Ctouncil. His duty i s to conduct the e lect ion
of Area Council Memhers and supervise the a c t i v i t i e s of Area
Council. The members of the Area Council are e n t i t l e d to a
monthly salary of Rs. 200/- and a fixed allovi?ance of Rs.lOO/-
per month. They are a lso e n t i t l e d to a s i t t i n g allowance of
Rs. 2 0 / - per day during the sess ion; subject to the overa l l
control of the Chairman. The Secretary of the Council i s
the Drawing and Disbursing Officer of the Council.
( i i ) Powers and Duties
Under the Clause 33 of the above Act, the Area Council
has been empowered for the following:
(1) to examine to development schemes formulated by
various Vil lage Council under t h e i r j u r i s d i c t i o n ,
and a f te r coordinating and consolidat ing a l l such
schemes in to one for the area, they w i l l submit
i t to the appropriate au thor i ty with i t s recom
mendation and p r i o r i t i e s ;
(2) The Area Council sha l l s e t t l e d i spute :
(a) i f i t i s vo lun ta r i ly referred to i t by two
or more contest ing Vil lage Councils; or
236
(b) i f required to do so t»y the Deputy Cooinissioner;
State Government; or
(c) any other mai-ter referred to i t by any other au thor i ty .
( i i i ) Control of Area Council
subject to the general superintendence and control of
the State Govemment, the Deputy Cooimissioner, Uie Addition
a l Deputy Commissioner or the iSub-Divisional Officer (Civ i l )
s h a l l have control over a l l the Area Councils within the i r
j u r i s d i c t i o n .
The working of v i l l a g e governmental system in Wagaland
draws the a t t en t ion of many scholars . Because, i t ind ica tes
ce r ta in s ign i f i can t aspects of con t ro l l ing system of admi
n i s t r a t i o n and also the self-management perspect ives of v i l
lage development through people ' s involvement. We have found
the au tocra t ic form of governments in two v i l l a g e s belonging
to Molvom (Kuki) and Nihokhu (Sema). The land in those two
v i l l a g e s i s owned by the v i l l a g e chief. Being the owner of
the land, he d i s t r i b u t e s the same to the farmers according
to h i s own wishes; and because of t h i s reason, the role of
v i l l a g e chief becomes so effect ive in cont ro l l ing the ru ra l
au thor i ty system in t h e i r s o c i e t i e s . In the remaining three
v i l l a g e s the system of v i l l a g e govemment i s found to be
qui te d i f f e ren t . For ins tance , a t Medziphema and Dhansiripar,
the leindownership system i s qui te d i f f e ren t than the Sema
237
and Kuki tribes. Therefore, they have republican form of
village government. Again at Diphupar village, the land-
ownership pattern and also the governmental system is found
to be very peculiar because of the individual ownership of
land in this village. However, the Sema and Kuki chiefs
has no power over the land in this village as in case of
other traditional villages of their own. Therefore, we find
a peculiar system of village government being formed by
different Naga tribes. However, after the inception of the
Act of 1978 as mentioned above, the Government of Nagaland
has empowered the Village Council with equal status assign
ing uniform powers and duties. Of these, Diphupar village
model bears certain special features.
5.06. Diphupar Village: A Model of Tribal Commune System
Thirty years old and a mixed tribal village, Diphupar,
may be illustrative of a new experimental in commune system.
It has emerged from the traditional agrarian social base
and reflects a measure of the significant changes in the
overall socio-economic profile of the Naga villages.
(i) The Ethnic Hoho
The social organisational pattern in this village is
based on tribal leagues, a unique feature in Naga society.
There are seven ethnic Hqhos (Assemblies) representing seven
different tribes in the village. By Hoho here we mean, an
238
a s s o c i a t i o n formed by the memlDers of a p a r t i c u l a r t r i b e
vhich c o n t r o l s t h e i r behaviour v i t h i n the v i l l a g e . The names
of e t h n i c Hohos a re mentioned in f i g u r e 5 .2 be lov . There
a re a l s o some small t r i b e s r e s i d i n g in the v i l l a g e , vho have
no t foitned t h e i r ov?n Hoho due to smal l s i z e . Hovever, t h e i r
needs a re a l s o taken ca re of by t h e i r colony gaonboras and
the V i l l a g e Council members. These e t h n i c Hohos a re the
c a t a l y s t agen ts of t he "Village Council a t Diphupar v i l l a g e
in the m a t t e r s of v i l l a g e a d m i n i s t r a t i o n and i n promotion
of s o c i o - p o l i t i c a l and c u l t u r a l a f f a i r s . Thus, every e t h n i c
Hoho i n t h i s v i l l a g e i s r e s p o n s i b l e t o the V i l l a g e Counci l .
The o r g a n i s a t i o n a l p a t t e r n and i n t e r - r e l a t i o n s h i p between
d i f f e r e n t e t h n i c Hohos and the V i l l a g e Council i s i l l u s t r a
ted below:
F igu re 5 . 2 : DIPHUPAR VILLAGE COUiviCIL
DIPHUPAR VILLAGE COUNCIL
12 UJ LEJ [ I J m iTj
239
Representations
1. Angami Hoho
2. Ao Hoho
3. Cbakesang Hoho
V, Lotha Hoho
5. Rongmei Hoho
6. Sema Hoho
7. Tangkhxal Hoho
No. GBs
2
1
2
1
-
1
-
7
of No. of VCMs
2
2
2
2
1
2
1
12
Tota l
If
3
h
3
1
3
1
19
(ii) Composition
Bveiy Ethnic Hoho in Diphupar v i l l age i s composed of
chosen/elected members from among the tribesmen of i t s own,
headed by a Chairman, Secretary, Finance tsecretary, the
Banker and the Executive members. They are chosen in accor
dance with prevai l ing customs and usages of the t r i b e . They
look a f t e r the a f fa i r s of t h e i r ethnic Hoho on behalf of
a l l the res idents of the t r i b e l i v ing in the v i l l a g e .
( i i i ) Primary Objectives
The primary object ives of such ethnic Hohos are as
follows:
(a) to maintain soc ia l cohesive power in accordance
wi-tii t h e i r customaiy laws and usages within t h e i r
t r i b e :
2^0
(b) to control social evils vithin their t r ibe ;
(c) to maintain their own cultural identi ty by orga
nising cul tural functions, fest ivals and ceremo
nies ;
(d) to provide social security to their tribesmen,
women and co-vil lagers;
(e) to create an atmosphere of neighbouiliood, intimate
relationship and cooperation with co-villagers
within and outside tiieir v i l lage, and
(f) to promote and develop their vi l lage in general
and their own community in part icular .
In order to £U3hieve these objectives, they hold regu
l a r sessions to discuss a l l matters relat ing to developmen
t a l ac t iv i t i e s and also administrative affa i rs . They gene
ral ly s i t in the chief ' s residence chosen for the purpose.
This was the social practice since time immemorial. These
Hohos are considered as the supportive agency to the Village
CJouncil in the matters of both development planning and
administration.
(iv) The Village Council
The Diphupar Village Council is a unique institutioa
of Its own and only found at village level in Nagaland. This
is formed by seven different ethnic Hohos. This village
came into existence in 1957 under the leadership of a number
2 1
of Naga Gleders amongst whom airi Hokhevi, was the first
leader of Diphupar village. With his effective leadership
and initiative, the first settlers could organise themselves 18
and came to this place safely.' His response to the call
of Diphupar village by leaving all the comforts of well-
settled life in one Garo village, to serve the infant vil-
lage as its first Government appointed gaonbura ^ is worth
mentioning in the history of Diphupar Village Council. This
village was foimed by different Naga tribes as a result of
political turmoil in Nagaland during nineteenth fifties and
sixties. The pioneers of this village came from different
directioBS of Nagaland and Manipur States. The village was
officially recognised by the Government of Nagaland follow
ing the re-organisation of the Village Council itself. Since
different tribes had already surrendered their rights to
form a Council of their own, no tribe can claim anything
according to their own tribal ousternary laws in the village.
It means that all Naga tribes living in this collective
village will have to follow a unified system of custans as
a coaanonwealth of traditional tribals. However, every tribe
is seen following its own customs at the level of ethnic
Hoho. And the Village Council is seen as the custodian of
villagers in general inclusive of all the ethnic Hohos in
the village. This provides a new hope for the conflict
ridden Naga society on which a new structure may be remodel
led.
2^-2
(v) Composition of the Village Council
The Village Council i s represented by seven dominant
t r i b e s as shown in table 5.1 belov;. There are seven gaonbu-
ras representing seven Khels and twelve Village Council
members representing various ethnic groups. There are also
otiier minor t r ibes res iding in th i s v i l l age l i k e the
Konyaks, the Yimchungers, the Sangtams, the Phoms e t c . ,
without their representa t ion, as their number a t the v i l l age
was too small. However, special care i s taken to safe-guard
t h e i r i n t e r e s t s . They are not discriminated by the adminis
tration on the ground of being minority.
Table 5 . 1 : Tribal representation at Dlpbttpar Village Council
Tribe j No. oT'J' No. of { No. of \ GJBa. ! V.C.Ms i tota l
1. Angaml 2 2 1
2. Ao 1 2 3 3. Chakesang 2 2 -if. Lotba 1 2 3 5. Rongmel - 1 1 6. Sema 1 2 3 7. Tangkbul - 1 1
Total 7 12 19
G.B. = Gaonbora
V.CM. =s Village Council Members,
2^3
The Village Council keeps one par t - t ime Chovekidar-
Qum-Peon, who i s paid Rs. 200/- per month and the Secretary
of the Council i s paid an annual honorarium of Rs. 1000/-.
("^^) Method of election^ of members
As per the provision of the Nagaland Village and the
Area Council Act of 1978, the Vil lage Council members are
to be e i t h e r chosen or elected by the v i l l a g e r s of various
ethnic groups themselves in accordance v i th prevai l ing cus
tomary laws and usages; and a formal approval i s given by
the State Government of Nagaland. The Act does not mention
anything as to what kind of procedure should be followed in
such type of m u l t i - t r i b a l v i l l a g e for e lec t ing the members.
As we have already seen the composition of Vil lage Council
in t ab le 5 . 1 , i t i s a representa t ive body of d i f fe ren t
t r i b e s , vdio are nominated by the t r i b a l sub-groups alone.
For ins tance , there are two members of the Vil lage Council
each from five d i f fe ren t t r i b e s and one each from the remain
ing two smaller t r i b e s . They are e i t h e r chosen or nominated
members of t h e i r t r i b e s with a view to represent ing the
Vil lage Council. As a general r u l e , the Challroan and the
Secretary are chosen by the members of the Vil lage Council
from among the chosen members themselves for a tenn of f ive
yea r s , which may also be extended for one year. The Ggton-
boras are nominees of the State Government, who are nc«ninateo.
2W
on recommendation of t h e i r respective t r i b e s . The Vil lage
Council members bold t h e i r off ice according to the customs
of the t r ibes they represent . The nominated/chosen members
are formally inducted a t the ethnic Hoho l eve l before send
ing them to the Vil lage Council as the represen ta t ives .
This system works as a federal type of Village Government,
a unique feature of the emergent soc ia l s t ruc tu re . In t h i s
way i t i s a new pat te rn of Vil lage Republic working ef fec
t ive ly in the mult i -e thnic modern Naga v i l l a g e . I t l a rge ly
resembles of P,T, P h i l i p ' s observation in one of the recent
s tud ie s . He had recorded tha t each Naga v i l l age was a repu-20 b i l e in i t s own r i g h t . This federa l system of v i l l age
republic functioning a t Diphupar v i l l a g e may be an i n s t r u c
t ive formation of a t r i b a l socialism for the Nagas.
( v i i ) The ro le of Gaonburas and Vil lage Council Members
In iSocial Control System
They are to look a f t e r the v i l l a g e in general and
t h e i r own Khel or community in p a r t i c u l a r . They are the
adminis t ra tors , judges, advocates, planners and the execu
t ives in the matters r e l a t i ng to v i l l age adminis trat ion,
Uiey are considered as the guardians of a l l c i t i z e n s and
in p a r t i c u l a r t h e i r own Khels, In the matters of c i v i l
cases or o ther pe t ty cases , they are empowered to ac t as
judges within t h e i r j u r i s d i c t i o n . The process of tackling
2h5
cases in this village is found to be of interest vhich is
shown in figure 5*2 below.
Figure ^,2; Procedure of case finalising; Diphupar village
Ethnic Hoho % of cases settled 4-1.66
1 Supreme Court}
J ftMrh Court! 4v
t I
1 D i s t r i c t Court 1 1 «
I Dobashe Court! 4
f
; Vil lage Council ; \ fo of cases s e t t l e d | S 30.5? 1
I CIVIL CASBS; [ h2 '
G.Bs & v.c.Hs'"; % of cases ; settled I
JZi2Z.
!Ebe local system at Bipbupar village resembles to the
working of judicial system from district court to high court.
and from these to the Supreme Court, similarly, one may con
sider Gaohhuras and Village Council Members» court as
2 ^
d i s t r i c t l eve l court , ethnic Hoho Court as the High Court
and the Vil lage Council as ttie bupreme Court for the v i l
lage , which i s the highest in the matter of j u s t i c e . In
t h i s way, a l l pe t ty cases a r i s ing within the j u r i s d i c t i o n
of d i f f e ren t Khels, Gaonburas and the Vil lage Council Mem
bers are f i r s t to examine them d i r e c t l y with or without
informing the Vil lage Council and give t h e i r decision even
on the spot. In case of non-acceptance of the decisions of
the Khel, Gaonburas and Vil lage Council Members, i t i s
appealed to the r e spec t ive ethnic Hoho. Again there i s scope
to appesl in the Village Council, but the chance of success
in such cases i s very remote. What we find in our i n v e s t i
gation i s t ha t , there i s hardly anything which the Vil lage
Council cannot s e t t l e .
In order to check the author i ty of these three t i e r
system of v i l l a g e cour t s , we have inves t iga ted the number
of d i f fe ren t cases tha t have been recorded since January
1981 to October 1986. During t h i s period k2 cases were
reg i s te red a t d i f fe ren t courts in t h i s v i l l age as deta i led
given in table 5.2 below.
2 7
Table 5.2j Number of cases occurred at various levels and settlements CPeriod January 19B1 to October 19^6).
Level of Courts
'I No. of ?!Jo. of \m. of |No. .of.-)deci?^ IWo. of I cases jcases [cases ; occurr- [set t led ,appeal-f ed I |ed to • within I [the I i t s I [next [ j u r i s - ; {higher
sions given 'from tha t llevel [Reject [Accept
[cases [pending
d ic t ion ! .'court
GBsACMs 12 10 2 (28.57) (27.77) (28.57)
Ethnic Hoho 19 5 h (if5.23) (U-1.66) (57.1^)
V,C. 11 11 1
(26.19) (30.55) (1^.28)
Total k2 (100)
36 (100)
7 (100)
(Figures within brackets indicate percentage of that particular column)
GBs = Gaonburas VCMs = Village Council Members V.C. = Village Council.
Our investigation in this respect is that, 12 cases
had occurred at the level of Gaonburas and Village Council
Members, of which tiiey finalised 83.33^ and the rest two
cases were appealed against in ethnic Hoho Court and these
were settled there itself. Out of the 19 cases registered
at the level of Ethnic Hoho's Court, they settled 79^ and
2kQ
the r e s t four cases vere referred to the Vil lage Council,
and the p e t i t i o n e r s l o s t t h e i r cases in the Vil lage Council.
Last ly , 11 d i f ferent cases have been reg is te red a t the
l eve l of Vil lage Council, of -which cent per cent were s e t
t led there . Inc iden ta l ly , the Vil lage Council decision was
challenged in one p a r t i c u l a r case and the par ty appealed
the case t o the next higher court of law i . e . in Dobashe's
Court, Dimapur, which i s the subordinate Court of law to
the loca l adminis t ra t ive author i ty l i k e EAC/ADC or DC at
the d i s t r i c t l e v e l . However, the same case was sent back
again to the Vil lage Council Court and th i s case was found
pending for decision. I t i s reported tha t the p e t i t i o n e r
got demoralised and the party became s i l e n t over the case.
Out of k-2 d i f fe ren t cases /d isputes occurred and reg i s te red
during the l a s t s ix years , 27»77fo v;ere s e t t l e d a t the lowest
ru r a l court , 14-1.66^ a t e thnic court l e v e l and 30,55^ a t the
Vil lage Council Court l eve l respec t ive ly .
The nature of cases tha t occurred were mainly of land
disputes (61^) and re la t ing to socia l ev i l s (39^) . No c r i
minal case has so f a r been reported. Of the 6^% of the case
re la t ing to land disputes 32% were within s ingle t r ibe with
out effect ing other t r i b e and 29% were between two or more
t r ibes l i v ing in the v i l l a g e . The remaining 39% of the case
were re la ted to drinking (16^), s tea l ing C?^), quarrelling-
2^9
and beating (6^) , itntno r a i l t i e s (6^) and school drop-outs
(i+jC) respec t ive ly .
The courts a t the grass - root l eve l no doubt can be
the most effect ive in cont ro l l ing the individual and com
munity. But the crux of the problem i s t ha t , there i s no
standardised system of control in Naga socie ty . They have
uncodified, unwritten and very complex system of customary
laws and usages; which vary from v i l l a g e to v i l l age and
also from t r ibe to t r i b e . Even within one t r i b e , there i s
no uniformity in customs. In sp i t e of the urgency for com
p i l a t i on of customary laws and usages and se t t i ng up of
the Vil lage Courts, the Tribal Courts and also the Zonal
Level Courts a t d i f fe ren t l eve l s as per the provision of
the Indian Consti tution Ar t ic le 371 (A), the Government of
Nagaland has not yet decided to take up such a burning
i s sue . By crea t ing such ru ra l courts we find a g rea t scope
for crea t ing a new soc ia l order under the framework of the
said clause for the Nagas. Of course, i t requires a careful
study over th i s i s sue .
( v i i i ) The Village Development Board (VDB)
The Grovernment of Nagaland has formulated a new con
cept of development of v i l l age known as Vil lage Development
Board (VDB), which came in to action since 198O in Nagaland.
This Board may be considered as the development branch of
250
the v i l l a g e control which was emerged as an experiment of
development. The object ive of t h i s board i s to formulate
the developmental schemes and implement those programmes by
themselves. There are two types of developmental schemes to
be carr ied out by the VDB viz . the community or iented schemes
consis t ing of a number of schemes l i ke v i l l a g e san i t a t i on ,
drainage, construction of foot-paths and s teps , v i l l age
approach roads, v i l l a g e ga tes , community h a l l s , community
grainary e t c . Another se t s of schemes are the households or
individual or iented schemes consis t ing of development of
h o r t i c u l t u r e , land development, minor i r r i g a t i o n s , piggery,
poii l t ry, f i she iy , duckery, weavery, k n i t t i n g , e tc . I t means
tha t lander the concept of VDB, a v i l l a g e has to be develop
ed by the v i l l a g e r s themselves under the superivis ion of
VDB which we propose to analyse in the next chapter . The
v i l l a g e development board in th i s v i l l age was cons t i tu ted
by the Vil lage Council as per the Act of 1978. I t has 19
members representing seven d i f fe ren t dominant t r i b e s as
referred in tab le 5.1 above.
Under the normal ru ra l development and the Integrated
Bural Development Programme Diphupar v i l l age has received a
sum of Rs. 3 ,87,600/- from the Government of Nagaland during
the year 1981-82 to 1985-86 as shown in table 5-3 below.
251
Table 5»3: Year-wise sanction received from the Government during the f ive years . ~
Year Normal Rural Dev, I.R.D.P.
1981-82
1982-83
1983-^^
198^-85
1985-86
Rs. 3^ , 000
Rs. 68,600
Rs. 68,600
Rs. 1,01,200
Rs. 1,01,200
Rs. 30,600
RS. 3^,000
Rs. 143,600
Rs. 1+8,600
Rs. 51,600
Rs. 3,73,600 Rs. 2 ,13,^00 ( 5 , 8 7 , 0 0 0 / - )
All tSfiese funds are generally credi ted against the
VDB accoimt in the Bank, Then, the v i l l a g e r s ident i fy the
p r i o r i t y of works to he implemented under the community
or iented programmes and also the individual benef ic ia r ies
under the household/individual oriented schemes.
In order to examine the fimctioning and effectiveness
of VDB; we have studied the works done by VDB during the
l a s t f ive years . And the following major works were comple
ted during the period; construct ion and e l e c t r i f i c a t i o n of
Vil lage CoTincil Hal l , construction of one Rest House, nine
wel ls , two water tanks, two public l a t r i n e s , one waiting •1
shed, 10^ Kms of v i l l a g e appaxiach road, extension of government Middle a ig l i sh tichool bui ld ing, repair ing of six p r i mary school bui ldings belonging to six t r ibes in the
252
v i l l a g e . Hiese were the expedient needs of the v i l l a g e r s
during the l a s t f ive years executed under the community
oriented programmes. Again, under the household/individual
oriented schemes, the folloviing schemes have been channel is
ed through VDB: 29 piggery u n i t s , two duckeiy u n i t s , 19
pa i r s of animal power, f ive dairy u n i t s , 19 manor i r r i g a
tion channels, three goatery u n i t s , 10 poultry u n i t , bene
f i t i n g 26 benef ic ia r ies during the year 1982 to 1983, 81
benef ic ia r ies during 1983-8U^, 33 benef ic ia r ies during 198^-
85 and 17 benef ic ia r ies during 1985-86 respect ively .
The select ion of benef ic ia r ies are done through act ive
involvement of ethnic Hoho as well as the Vil lage Council
members to ensure the r i g h t person for the r i g h t scheme
and the ac tual works to be executed lander the schemes.
Diphupar v i l l age may be considered as a model v i l l age
for Naga society in general . The v i l l age republic and the
control of ru ra l author i ty system represent a new model of
soc ia l i n t e r ac t ion in the v i l l a g e . The v i l l a g e development
board and i t s a c t i v i t i e s represent a self management pros
pect ive of development, which has been evolved within the
t r a d i t i o n a l soc ia l s t ruc tu re . Taking t h i s kind of po ten t i a
l i t i e s already avai lable in t he i r soc ie ty ; a new perspective
of v i l l a g e development could be searched out in the l i g h t of
Diphupar v i l l a g e experience.
253
REFEEE^iGEb
1. m i l s , J . p . , The Ao JMapa, 1926, p . 176.
2. Smith, W.C., The Ao Naga. 1925, p . 5 l .
3 . M i l l s , J . P. Qp>c i t . , p . 176.
k. This house i s g e n e r a l l y c o n s t r u c t e d by a l l the members
of house or dormi to ry , where a l l the v i l l a g e bache lo r s
used to s l e e p compulsor i ly . Absenting from t h i s house
was regarded as a g r e a t offence as we l l as a s o c i a l e v i l .
En t ry of woman i n t o t h i s house i s h igh ly o b j e c t i o n a b l e
and i f a voman e n t e r s by chance, i t was cons idered to
be a s ign of bad luck f o r the e n t i r e v i l l a g e ,
5 . This o r i g i n a l a r t i c l e appeared on page 16^-72 of the
a r t i c l e by John B u t l e r , A Sketch of Assam, l 8 ^ 7 , which
we f ind on page 52^ of V e r r i e r E l w i n ' s Book on The Nagas
i n the Nine teen th Century.
6. V e r r i e r Blwin, Q p . c i t . , p . 525-26. The o r i g i n a l a r t i c l e
may be seen in John B u t l e r ' s a r t i c l e on "Rough Notes on
the Angarni Nagas", J o u r n a l of A s i a t i c s o c i e t y 1875^
Vol . XLIV, No. k,
7. Asso-Yonuo, Ihe R i s ing Nagas, Vivek Pub. House D e l h i ,
197^, p . 15 .
25hr
8, Seimang = I^linister, Paachong = Vil lage Councillors,
Thempu = P r i e s t , Thihsu = Blacksmith and Lomm = the Task
foree appointed by Haosa for h i s v i l l a g e administrat ion
under h i s d i r e c t control and supervision.
9. This oath appears to be very near r e l a t i v e of the i ema
oath on the aye-shu, vheie the same name seems to re ta in
a t race of the common origin though the p lants used are
d i f f e ren t . A former p rac t ice of drinking the ju ice i s
possibly to be t raced in the second p a r t of the 6ema
word, for shu = drink, though the ex is t ing Sema custom
i s to b i t e a piece of the p lan t of such kind, (i^ee The
Thadou Kukis by William Shaw, Cul tural Publishing House,
Delhi 110 007, 1926, p . 6?) .
10. The one, who binds or prevents . He i s also cal led as
Akiikau which means the v i l l age chief or the king (bee
J . P . M i l s , The Sema IJaga, p. 152.
11, The word Khel i s not a Naga word nor i t i s Naga or ig in .
In Assamese society the word Khel denotes a p a r t i c u l a r
segment of a society who are considered to be the i n f e
r i o r c lass of people. But the term Khel does not r e f l ec t
any p a r t i c u l a r infer ior , c lass of people in case of Naga
socie ty . Rather i t r e fe r s to a p a r t i c u l a r area of s e t t l e
ment. The exact meaning of which should be the hamlets,
a ward or sec tor . The or igin of t h i s word i s t ha t , a t
the time of Br i t i sh advent they were leading by the
255
Assamese people to hills side and the word Khel vas
recorded by the Britisher as told by the Assamese people,
Since they have already recorded the word Khel in black
in vhite it has become a popular term of the usage.
Thus, the actual meaning of Khel is a geographical sub
division of a village, roughly indicating a cluster of
families.
12. Verrier Eawin, Op.cit. p. 9.
13. Ao, A.L., Op.cit. , p. 10.
Ih, Ao, Tajen, Advocate, Ao Naga Custcanary Laws. 198O,
p . 1 1 ^ .
15 . This i s a supplement of the Act of Nag a land V i l l a g e and
Area Council Act which p rov ides v a r i o u s r u l e s and p r o
cedures r e l a t i n g t o V i l l a g e Council and Area Counci l .
16. Putu means gene ra t i on and Menden means s e a t ( i n Ao
Naga) where the r i i l e r s use to s i t f o r a p e r i o d of t ime.
17. I t r e f e r s to two groups of people of the Aos who speak
d i f f e r e n t languages known as Ghungli and the Mongsen.
Chungli language i s the common language f o r the Aos.
18. 25 Years S i l v e r J u b i l e e souveni r 1961-1986.
Diphupar V i l l a g e , p . 2 ,
19. I b i d . . p . 3 .
256
20. P h i l i p , P.T. The Grovth of Bapt i s t Cburches in
Nagaland, 1972, p. 30.
21 . Introduced by the Br i t i she r as an i n t e r p r e t e r in the
beginning, but nov Dobashe Court has become so i n s t r u
mental in the lov;er l eve l vho decides both oases of
c i v i l and criminal as per ins t ruc t ion of the Government,
based on prevai l ing customary laws and usages. They do
not necessar i ly depend/refer the Indian Penal Code.
top related