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Compared to the intricate civil system of relationship with regard to marriage
bride price and other social obligations the Lushai concept of crime and
punishment was rather simple. Crimes regarding property would be punished
by restitution and fine in kind or cash. Offences against the body would
mostly be similarly treated and punished by a fine. But serious and
heinous offences were rather few and far between.
The recognised range of crime was neither long nor complex. The chief and
his upas would try all the cases according to the customary procedure and
punishment was also as per custom. Serious crimes like murder would occur
rarely.
In a village, rarely would there be cases of individual or collective physical
injuries inflicted by others. Riots were unknown. Assault was rare,
but it sometimes happened as a result of heaving drinking. If it was
serious a fine would be imposed. Trespassing into a house with intent to
assault or abuse was punished with salam of five rupees. If actual assault
took place the offender would be punished with a fine upto forty rupees.
If the husband would beat the wife
(nupui vel), she could take shelter in
somebody else's house and owner of the house was duly bound to protect
her. He could apply force even to the extent of injuring the husband if
the latter tried to enter the house in chase of the wife. It would not
attract any punishment.
Lushais had a fine sense of personal reputation. Defamation
(hmingehhia) was
punishable by fine which could be a mithun and salam. Accusation without
any basis or spreading ill of any individual - like accusing one of adultery or
theft or magic would be defamation if the person accusing failed to prove
it. Accusing a person of taking bribe (tham) was very seriously
viewed. If a person accused another of bribery and failed to prove it, he
would be fined a mithun or equivalent. But taking a bribe itself was not
punishable under the customary law.
Damages by fire had serious repercussions in the hills. During the dry season
the village crier would go round warning the people to be cautious about fire in
the house. If a house would catch fire due to carelessness of the inmates
they would be fined in kind and a salam. If a person deliberately set fire to
any house, he would be fined a mithun and salam. Setting fire to a jungle, deliberately
or negligently, would attract the same punishment, irrespective of the actual
extent of jungle damaged, as damage to a jungle by fire would make the area
unfit for cultivation for a number of years and the resources would get
depleted. If, however, jhum fire extended to the jungle beyond the jhum,
none was punishable as such incidents would be considered accidental.
Offences against Women
Some offences against women were quite peculiar to a Lushai society. There
were cases when a man would try to take liberty with women. Some of these
cases, when serious in nature, would be punishable offences. A case could
occur like this. The husband might be enjoying himself in a beer
party. A man knowing it, might try to sneak, under cover of darkness, to
the bed of the wife, pretending to be her husband. This was an offence (lawithlem),
punishable with a mithun or forty rupees. If a young man would go into the
house of a girl and would try to sleep with her, without any previous courtship,
the offence (zen) would be punishable with fine of twenty rupees. Rape (pawng
pawsual) was extremely rare. But there was an offence similar to rape
which used to occur with regard to women have reputation of easy virtue.
Young men, coming across such a woman, particularly in a village other than her
own would criminally assault her, with some impunity. This practice (zawn)
was almost an accepted custom. Attempt to seduce a married woman (minuthlem)
was regarded as an offence, punishable with a fine of twenty rupees.
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