Gendered Practice of Naga Customary Laws: A Critical Analysis

Abstract

The Nagas are culturally and linguistically a diverse society situated in the North-eastern part of India. One of the common characteristics that Nagas share in culturally diverse region is the practice of customary laws although each tribe differs in varying degree of its usages and practices. Overall customary law act as a keeper and binds the community together. However, customary laws are not always conductive to modern development especially with regards to gender rights. Under customary laws, the distribution of power, status and resources have always been male centred. It is a male dominated arena based on discriminatory rules that invariably pose a great constraint on women to progress equally in the society. Accordingly, against this background, the paper critically analyses Naga traditional and customary law practices from gender perspective and examine its implication on women rights. It evaluates some of its intricate dimension of gendered meaning attached to certain symbolic function in the traditional practices of the Nagas which inadvertently constructed men as naturally superior and thereby resulted in the subjugation of women. Further, the paper attempts to address the impeding gender issues by offering feminist perspective of constructivist approach to culture as a means of alternative solution in the face of conflict between gender rights and customary laws.