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GENDER IMPLICATIONS OF TRIBAL CUSTOMARY LAW: The Case of North-East India

This book has to be read against the backdrop of renewed calls from many tribes for strengthening the customary law regime among the tribal communities of North-East India. The papers in it examine the changing status of women in the interface of the customary law with the forces of modernisation. The papers outline the distinct origin, practice and prevalence of the tribal customary law and describe the role played by women in moulding lives, guiding families and building societies. The articles in the book represent the tribal communities of the Seven Sisters of North-East India and look into the changing role of women in the arena of education, economy, religion and politics. While capturing the stories of women at the grassroots, they do not hesitate to pinpoint the lacunae of the customary law system in addressing the new issues that have arisen due to the rapid changes taking place because of the inroads made by the market forces.

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This book has to be read against the backdrop of renewed calls from many tribes for strengthening the customary law regime among the tribal communities of North-East India. The papers in it examine the changing status of women in the interface of the customary law with the forces of modernisation. The papers outline the distinct origin, practice and prevalence of the tribal customary law and describe the role played by women in moulding lives, guiding families and building societies. The articles in the book represent the tribal communities of the Seven Sisters of North-East India and look into the changing role of women in the arena of education, economy, religion and politics. While capturing the stories of women at the grassroots, they do not hesitate to pinpoint the lacunae of the customary law system in addressing the new issues that have arisen due to the rapid changes taking place because of the inroads made by the market forces. Most importantly, the articles point out the in-built limitations of the customary law that deny legitimate rights to women in inheriting property, accessing maintenance rights in case of divorce and participation in the political bodies of the village and state at large. It is hoped that the contending issues raised in the book will encourage further reflection and work for the emergence of a society in which women enjoy their rightful place. Contributors N.K. Das Lucy Zehol Tejoswita Saikia Asok Kumar Ray Dolly Kikon Ranga Ranjan Das Shaunna Rodrigues Sujata Hati Baruah James Selvaraj Sunumi Changmi Wanglit Mongchan Brajen Bhattacharyya Teresa L. Khawzawl Jyotishman Taye Pinky Barua H. Kamkhenthang P.M. Passah M. Sasikumar S. Hayong Lalneihzovi Toli Achumi Limatula Longkumer Thoshusie Katiry Papri Debbarma
CONTENTS
Part I: Theoretical Perspectives

1. Customary Law, Anthropological Jurisprudence and Gender Issue: Situating Women of North-East India in Feminist Discourse / N.K. Das

2. What Do the Gender Ideologies in Khasi and Naga Societies Reveal? / Lucy Zehol

3. The Hen that Crows: An Insight into the ‘Gender Implications of Tribal Customary Law’ through Some Literary Works by a Few North-East Indian Writers / Tejoswita Saikia

4. Tribal Women in North-East India: Between the Lines of Customary and Positive Law / Asok Kumar Ray

5. Framing Naga Customary Practices through the Lens of Gender Justice / Dolly Kikon

6. Gender, Customary Laws and Codification: The North-Eastern Perspectives / Ranga Ranjan Das

7. Negotiating Equality: Endorsing Women’s Rights through Customary Laws / Shaunna Rodrigues

8. Locating Women in Customary Laws: A Study of Three Tribes of North-East India / Sujata Hati Baruah

9. Status of Women in North-East India: Gender-based Violence Index and Customary Law / James Selvaraj

Part II: Customary Laws of Some Tribal Communities of North-East India

10. Gender Implications of Muklom Matrimonial Laws: Change and Continuity / Sunumi Changmi

11. Status and Role of Women in Contemporary Nokte Society / Wanglit Mongchan

12. Women in Hrangkhol Society: A Case Study in Dima Hasao District / Brajen Bhattacharyya

13. Women as Partners: Insights into Hmar Household Decision-Making / Teresa L. Khawzawl

14. Political Power, Culture and Mishing Women: A Descriptive Review / Jyotishman Taye

15. Women’s Status and Customary Law in Amri Karbi Society: Observations from the Field / Pinky Barua

16. Role of Women in the Customary Practices of the Paite / H. Kamkhenthang

17. Gender Implications in Jaintia Customary Practices / P.M. Passah

18. Can Culture Contribute to Women’s Empowerment? Gender Equality and Women’s Rights in a Matrilineal Society / M. Sasikumar

19. Property Rights in a Tribal Society: Perspectives from the Khasi Matrilineal Society / S. Hayong

20. Status of Mizo Women and Land Related Customary Laws / Lalneihzovi

21. Women and Family in Naga Society / Toli Achumi

22. Ao Women and Village Politics: Gender Implications of Tribal Customary Laws / Limatula Longkumer

23. Customary Laws and Traditional Practices of the Pochury Tribe of Nagaland / Thoshusie Katiry

24. Women’s Access to Education and its Implications for Tribal Society: Special Reference to Women of Tripuri Tribe of Tripura / Papri Debbarma

Edition

2017 Hardbound

ISBN

9788131608739

Author

Melvil Pereira

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