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Local Laws in Himachal Tribal areas :
1. Laws related to crime and Punishment :
People in Himachal are simple and peace loving. Stealing, killing or taking away some one else's share is considered sinful. Long litigations are sometimes caused due to land or women related problems. Among the lower castes abducting someone's wife or the wife's elopement causes minor scuffles but none of them are very serious. People here forgive easily. The women are more prone to suicide as the social pressures are more intense on them.
The quarrels within a caste or community are usually decided by Doom or Khumli (the community panchayat). The local priest and Kardar (head) are members of this. The Kardar signifies the date and the priest calls the assembly. An emergency meeting is known as Thek, Dadhi or Dal in which each absentee has to pay a fine of a rupee. In some areas of Kulu, Kinnaur and Mahasu, the gods are called upon to decide matters. In Malana, the god Jamlu and the god Mahasu in Dodra Kwar decide the cases through their devotees. Their judgment are final and irrevocable.
People who defy the caste laws are ostracised. This custom is known as Chekka or Banaj. A family which has been ostracised is not visited by the fellow villagers. Such people or families can be accepted back into the community only if the whole community assembles in the village and agrees to call the defaulter. He is then made to drink the holy Panch Gava ( a holy mixture of five products of the holy cow comprising of her milk, butter, ghee, urine and dung) and then he may sit with the members of his community at a feast. After this he offers a gift to the god. The local king is also given a gift (shojir) of money.
Killing a cow is considered the biggest crime and sin. A man who commits it, is debarred from the village till he goes to holy places like Mattan or Haridwar and has a Havan performed at his house. People trust each other and often leave their property and animals in each other's care without any formal written documents. To dig into someone else's savings is considered highly sinful. Charging an interest on a loan, selling milk or charging a rent for lodging someone in one's house are all looked down upon. These customs are undergoing changes now.
The village money lender usually takes advantage of the illiteracy of the villagers by charging them exorbitant interest rates. Some of such loans can never be paid in full. The system of opening banks in villages by the government has improved the situation. Now each village has a Panchayat and most of the reforms and litigations are affected by these. People cast votes to choose the members of this assembly. Fallow land around the village is known as Shamlat. This is a common property and can be used as grazing land for cattle. The village fairs, festivals and folk-plays take place here.
2. Hereditary Laws :
The laws of heredity differ from area to area. The hereditary rights pass direct from the father to the son or sons. In case of there being more than one wife, children of all the wives may claim an equal share. If some one has no son, his property is shared equally by the daughters. If the daughter dies issueless, the property then passes on to the father's relatives.
In Spiti the customs are a little different. There the family system is called Jethansi. As the eldest son gets married, he shall become the head of the house and the father shall retire to a smaller house. The eldest son then comes to be known as Rambagchepa and the retired father as Ravangechugpa. The father gets a small plot of land to live by and the younger sons join a monastery. In case the eldest son produces no male heirs, the younger brother may become the head and shoulder the family responsibilities. The land in the area is thus prevented from getting sub divided. In case none of the sons produces a son, the daughter of the house is then married to a man who agrees to come and live in his father-in-law's house and carry on the family traditions. Such a son-in-law is known as Makpa. If the girl dies, or does not have children, the husband may then marry a cousin of hers who then stands to inherit the property.
In Kinnaur and Mahasu many families follow the system of polyandry. In such families when the husband dies, the wife as also property, passes to the next brother and after him the right of property then reverts back to the sons. Illegitimate children or children born of a widow or an unmarried girl have no property rights. They are known as Poltu or Chukandu. Earlier they were used by families as domestic servants and in exchange for their services a small plot of land was given to them. Now they have legal protection against such exploitation and if they can establish their paternity, they can inherit a share of the paternal property.
Some areas follow the customs of Jethand, Paghand and Chundband. In Jethand the eldest son inherits a larger share of the property plus a larger share of his family debts. In Chundaband system all the sons of the various wives have equal share in the paternal property. In Paghand system the property shall first be distributed among the daughter and then among the sons. This custom is prevalent among the Gaddis. Among the Rajputs there existed a system known as Daya Bhag (the rightful position). In this, the eldest son stands to inherit a special portion in addition to his other share by virtue of being the eldest son.
These local laws in tribal areas provide the sense to follow the rules and if any one brake these laws has to face punishments. But there are some rigid laws which need to be changed such as Tribal women in Himachal Pradesh are still bound by the old patriarchal law that allows only men to inherit property.
By: Pooja Sharda ProfileResourcesReport error
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