Legal Pluralism and Indian Democracy : Tribal Conflict Resolution Systems in Northeast India

Cover 1 Title 4 Copyright 5 Contents 6 List of illustrations 9 List of contributors 10 Acknowledgements 14 List of abbreviations 16 Introduction 18 PART I Conflict resolution systems: theories, thoughts and concepts 48 1 Conflict resolution systems in the tribal societies of Northeast India: legal pluralism and Indian democracy 50 2 Diverse personal laws, gender justice and controversy over the uniform civil code 61 3 Customary law, state law and non-state organisation: the predicaments of legal pluralism and growing conflict in Nagaland 84 4 Customary law and the politics of peace and conflict resolution in post-colonial states: threats posed by modernisation and development 107 5 Legal pluralism and alternative dispute redressal systems in the Northeast 122 6 The resilience of tribal conflict resolution systems in Northeast India: a panoramic view 139 7 Mizo customary laws and the discourse of women’s rights 166 PART II Fights in the field: case studies of resolution systems from the communities of Northeast India 186 8 Traditional methods of conflict resolution of the Sumi Naga tribe 188 9 The hall without walls – the role of namghars in peace-building: practices and prospects 207 10 The Khasi-Pnar ideology of peace and conflict resolution 221 11 Indigenous methods of conflict resolution in Sikkim: a case study on the dzumsa 237 12 Exploring traditional approaches to resolving conflicts over land resources: the case of the Nyishi tribe in Arunachal Pradesh 248 13 Hmar traditional practices in conflict resolution: an anthropological perspective 263 14 Conflict and systems for its resolution among the Paites of Manipur 270 15 Forums for conflict resolution in the Jaintia tribal community over land resources 288 16 Indigenous conflict resolution mechanisms: a study on the Riang of Tripura 313 Epilogue 327 Glossary 333 Index 344 "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; andhighlights 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."--Provided by publisher 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.