Silence Shields Injustice: On Naga Customary Law and Women's Rights

Nagaland joined the rest of the world in observing International Women's Day a few days ago, with calls to eliminate gender-based violence and ensure equal opportunities for all. For the state, the occasion has been more of a symbolic affair than a pragmatic one, having failed to take the celebration beyond acknowledging women's achievements and recognising their role as agents of change. On one hand, we advocate for gender equality, but on the other hand, we are reluctant to abandon traditional practices that hinder women's growth—financially, socially, and politically. For instance, most people are aware of certain practices pertaining to property inheritance rights, child custody, alimony, and other issues in Naga society that are biased against women. We have been repeatedly reminded of how Naga women have been systematically victimised by patriarchal customary laws, yet no action has been taken to date. So, the occasion serves as a stark reminder of how Naga society has failed its women by resisting change in the name of culture and tradition.

Resistance to change in practices that are deeply rooted in tradition is not uncommon, but then there is no society, culture or law that remains constant. Social norms and traditions that undermine human rights, dignity and justice have no place in a progressive society. The abolition of centuries-old traditions such as the dowry system, child marriage, the caste system, sati, etc., which were historically prevalent in the Hindu society, stands as testament to this. Basically, any social norms that impede justice and stand in the way of human progress should be abolished, and the defaulters penalised. As per the National Crime Records Bureau (NCRB) data and various safety indices, Nagaland is considered one of the safest states for women. While this may be generally true, the contention that low crime rate against women in the state could be due to underreporting can't be overlooked. When individuals accused of crimes as heinous as sexual harassment and rape are let off with lenient punishments in the form of ostracism, public shaming of culprits, and compensation in cash or kind, including livestock and paddy, it is evident that the legal framework under Naga customary law is biased against women and ill-equipped to handle criminal cases. On top of this, many choose not to report sexual assault cases due to stigmatisation and to protect “family honour”. Such loopholes in the justice delivery system promote a "culture of silence" and discourage women from taking the legal route to fight for their rights. It’s high time the Naga society empower women by discarding all traditional practices that are discriminatory in nature.