Abstract Panel


Authors Information
SequenceTypeName TitleFirst NameLast NameDepartmentInstitute / Affiliation
1 Author Mr. Nirmal Kushwaha Department of Anthropology Dr. Harisingh Gour Central University
2 Author Dr. Sarvendra Yadav Department of Anthropology Dr. Harisingh Gour Central University
Abstract Information
TrackID
:
IUAES23_ABS_O1277
Abstract Theme
:
P058 - Reimagining law and its plurality
Abstract Title
:
Law of the Land: A Contemporary study of Konyak Nagas' Politico-Legal System
Short Abstract
:
This exploratory study examines the traditional law of the Konyak Nagas, a tribe residing in the northeastern part of Nagaland, India. It investigates the implications, effectiveness, and relevance of their politico-legal system in the face of modern state law and religious influences. By comparing the present structure with historical descriptions, the study analyzes the intricate and subjective nature of the Konyak legal system. Findings reveal the continued prominence of customary law as the primary conflict resolution authority, despite the increasing prevalence of modern state law in urban areas.
Long Abstract
:

Konyak Nagas are a tribe residing in the north-eastern part of Nagaland with a distinct politico-legal system that oversees internal conflicts within the community. This region comes under the purview of Article 371-A of the Indian Constitution. The modern law and traditional law are always in conflict because of intricate and subjective nature of law. Although there have been many studies on the politico-legal systems of the northeastern tribes, there has been little research specifically on the Konyak Nagas since Hutton (1922) and Haimendorf (1936) due to their inaccessibility and remoteness. This is an exploratory study aimed at gaining insights into the traditional law of the Konyak Nagas, its implications, effectiveness, and relevance, as well as its modification due to various factors such as modern state law and religion. The study also attempts to compare the present structure of the politico-legal system with Haimendorf's description. The research was conducted in the Mon district of Nagaland, and the data was collected using the triangulation method, which included 97 questionnaires, 17 in-depth interviews, and observations. The data was analyzed using postcolonial theory, legal pluralism, and symbolic frameworks. Although the prevalence of modern state law is quite visible, customary law remains the primary conflict-resolving authority with an elaborate structure and institutions. The government has ensured the local law institutions have their space and tries to be a part of it through dobashis(intermediary between state and tribals) and gaonburas(elderly leaders of village). The legal discourse of local law is oral. However, local legal systems are becoming less relevant in urban settings, leading to efforts to preserve the law by codifying it.

Abstract Keywords
:
Konyak Nagas, Customary Law, Legal discourse