Time to Reform Some Conservative Marriage Laws in the Tribal Society

Generally, there are some conservative marriage laws in our tribal Naga society. The endogamy within the clan is sternly prohibited in many Naga villages/tribes. At the same time, some don’t encourage exogamy either (outside community, ethnicity, and religion). They think that mixed marriages may polarise society and create chaos for future generations. It is considered a threat to indigenous socio-cultural life.

In the past, those reservations were understandable because people were mostly confined in their traditional village/tribal world. But today, the time has changed and these laws need to be reformed. Indeed, numerous couples have overcome and broken these barriers already. Nonetheless, conservative laws and mindsets still exist in some tribal societies. It continues to affect the rights of marriage, especially personal liberty. Therefore, it may be necessary to provoke some thoughts from the biblical and sociological point of view as our Naga society is predominantly Christians.

Endogamy within the Clan

Biblically, in the beginning of human history, people practiced a closed kin marriage. Even during the time of patriarch Abraham and his descendants (Isaac, Jacob) the culture of cousin marriage was widely practiced. Later on, a close kin marriage was banned in the law of Leviticus and Deuteronomy but that was not referred to the whole clan. Instead, God commanded the Israelites to marry each other within the clan (Num. 36). Now, the time has changed with many stages of human civilisation. However, in many countries and communities across the world, cousin marriage was historically practiced and is still allowed by various indigenous cultures. Often, it’s being practiced to keep cultural values intact, preserve family heritage, wealth, and tradition, maintain family structure and geographic proximity, and strengthen family ties with in-laws. Even in India, some communities practice it to reduce expenses, tension and domestic violence in the family. But in some culture and countries, cousin marriage is legally prohibited. The Chinese famous philosopher Confucius described marriage as “the union of two surnames”. Such understanding prevails even among many Naga tribal societies.

According to some tribal customary laws, cousin marriage is considered a taboo. Those who disobey are penalised with fines or severe punishment. Some conservative clans/villages take action to the extent of ex-communication from society. In tune with these traditional laws, science also supports it to some extent, citing the risk of genetic disorders among children from marriages between close relatives. However, Joanna Grossman referred to the report of Genetic Counselling described in the New York Times Journal, saying that cousins can have children together without running much greater risk than a normal couple of having genetic abnormalities. According to the study, first-cousin marriages have a 4-6% risk of autosomal recessive genetic disorders compared to the 3% of the children of totally unrelated parents. The second cousin has a lesser risk than the first one. The third cousin may still have a risk but extremely low. The fourth cousin may probably have the same risk of a child with an unrelated person of the same ethnicity. 

Here, the argument is not to justify and counter the study of experts. Simultaneously, the Naga tribal cultural values of understanding all the sisters and brothers belonging to the same clan considered as cousins by caring and giving service are well appreciated. Building a relationship within themselves for unity and progressive development is also encouraged. However, such understanding should not hinder and ban the marriage. For now, we may not be like those countries and communities that legalise all forms of first-cousin marriage. But at least in very big clan, if they are not close kin or from another sub-clan, then we should consider the option of allowing them to have the legal form of marriage. Every parent wants their children to have a happy married life by settling with someone whom they know well personally. But if they can’t find a compatible person outside their clan then they have fewer options left. Again, the forceful settlement within their clan may face undesirable consequences. Therefore, to empower marriage rights a rightful citizen should think and reform these conservative laws. Like some progressive clans, it’s time to uplift those conservative laws.

Exogamy

The practice of exogamy is very progressive in our tribal society today. But many are sceptical about this trend. They are worried about the polarisation of their distinct socio-cultural identities, languages, politics, economy, and religion. Wherein, though the exogamy is open but still very limited. It is mostly within inter-village and tribe levels but still reserved for other ethnicities, nationalities, and religions. If this type of marriage is going to distort the good tribal cultural values then taking proper precautions is necessary. But generalising and labelling someone or other communities with a prejudiced mindset is not acceptable in a civilised society. One of the Naga scholars proposes that inter-tribe marriage within Naga society could be one way forward to foster unity among Nagas. This is true because marriage plays a vital role in allying with others. It would bridge the gap of division in the society. It will build the blood-bond relationship for generations. In such a marriage, if we inculcate good things from one another then society can grow well. The children of those families will have better prospects in cross-cultural life like advancing in learning various languages, traditions, religions, etc. They would have a broader mindset in thinking for humanity not just for one particular community. 

Even in the Bible, the four women mentioned in the genealogy of Jesus were all foreigners to Jews (Matt. 1). They played an important role in the history of Israel. Professor Aruldoss said that those who married within their community are idiots (He simply means those who cannot think beyond their box). He reminded the students that hybrids are better. The statement seems silly but partly true. Of course, this hybridisation culture should not subjugate the others. Marrying someone beyond one’s community will certainly face numerous challenges with practical difficulties. But if a person dares to take up those challenges then one should respect the choice irrespective of different community, ethnicity, nationality, and religion. In this global world, one should step up and connect for a better world and humanity. For centuries tribal people have been known to be reserved and sceptical of any new things. But with the introduction of Christianity and education today our Naga tribal society is competing with the world. Now many outstanding personalities were born into this cocktail family and we are so proud of them.

The Constitution of India-Article 21 gives protection of life and personal liberty to all persons the inherent right of every individual to exercise personal choices, especially in matters relating to marriage. The Universal Declaration of Human Rights- Article 16, also gives every adult the right to marry and have a family without any limitation due to race, nationality, or religion. At the same time being a Christian society, we should be broad-minded enough to think for the welfare of humanity and to liberate ourselves from the oppressive socio-cultural structures. Therefore, this write-up is to provoke both groups of people who still have stringent and conservative laws related to endogamy and exogamy. As a developed society one should not stuck with those conservative laws but needs to advocate and promote the rights of marriage of one’s own choice.

Bevei K. S.

The writer has done Master of Theology in Social Analysis