MARRIAGES IN TRIBAL INDIA

Author(s): Kusum Kumar

Source: Journal of the Indian Law Institute , OCTOBER-DECEMBER 1973, Vol. 15, No. 4
(OCTOBER-DECEMBER 1973), pp. 638-644
Published by: Indian Law Institute

Stable URL: http://www.jstor.com/stable/43950236

JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide
range of content in a trusted digital archive. We use information technology and tools to increase productivity and
facilitate new forms of scholarship. For more information about JSTOR, please contact support@jstor.org.

Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at
https://about.jstor.org/terms

Indian Law Institute is collaborating with JSTOR to digitize, preserve and extend access to
Journal of the Indian Law Institute

This content downloaded from

13.126.146.133 on Thu, 25 Jun 2020 15:53:46 UTC
All use subject to https://about.jstor.org/terms
 MARRIAGES IN TRIBAL INDIA

SEXUAL RELATIONS between persons of opposite sex, which

existed since the birth of man on earth, receive a social and legal
sanction by the parties entering into a bond of marriage. A multiplicity
of customs and rituals are attached to its celebration. These vary from
place to place and from people to people. The tribais have a peculiar
way of life. Their customs are unique and interesting. This is more so
in the case of marriage and other family customs. Taking up the tribes
of Assam we find that amongst the Khasis, no marriage of members
inside the same clan can be solemnised. Such marriage is considered ka
shongsang or a sinful act.1 The main Khasi customs prohibit polygamy
or remarriage before divorce. Christian Khasis perform Christian
marriage ceremonies while the non-Christians still observe their traditional
customs. Love marriage is most prevalent. The couple inform the
parents and seek their permission. There are negotiations between the
elders and acts of divination are performed. On the marriage day, the
boy along with a few elders of his family and friends proceed to the
bride's house. There is a warm welcome address by the uncles of the
bride and there is an exchange of betels between the two parties. There
is also an exchange of address after which the couple exchange the rings.
The priest pours libations from the respective vessels. He then takes three
pieces of dried fish in his hands and addresses the goddess Synshar to
bless and guide the couple. Then he calls the ancestors for their blessings
and finally, he turns to the audience to be a witness to the union by
praying for them. The ceremony is finalised by the placing of the dried
fish on the roof. This can only be removed after a child is born to Ihem.2
In Jowai,3 the ceremony is generally performed at night. The bridegroom
.with friends and relatives goes to the bride's house where they are given
a warm welcome. The groom's feet are washed and then anointed with
oil- There is an exchange of betels. Meals are served. The ceremony
starts with la lum Vu tang , i.e., the opening of marriage contract. Then
follows the sko kiad or, the pouring of libations from the two vessels.
This ritual symbolises the union of the two. By midnight, the guests leave
and the couple is left alone. A remarkable feature of a Khasi marriage
is that after marriage, it is the husband who goes and stays with the wife
in the latter's family, especially if she happens to be the Khaduh , i.e., the

1. Hamlet Bareh, The History and Culture of the Khasi People 320.
2. Id. at 324-325.
3. The district headquarters for Jaintia Hills. The Khasis and the Jaintias are
sister clans. Their customs are almost similar.

This content downloaded from

13.126.146.133 on Thu, 25 Jun 2020 15:53:46 UTC
All use subject to https://about.jstor.org/terms
 1973] MARRIAGES IN TRIBAL INDIA 639

inheritress. The Jaintia custom is still more striking. The husband

continues to stay with his parents and the wife with her parents. He,
however, visits her at his in-laws' place.
Under the Khasi and Jaintia law and custom divorce is permissible
after a brief ceremony in the presence of senior members of the community.
The husband and wife hold five pieces of betels each in their hands. The
husband hands the same to the wife. She then returns them wilh those
of her own and the husband takes them and casts them out of his hands.
There is a public declaration to this effect with drum beats. The parties
can mutually agree to divorce. A woman, however, cannot be divorced
during pregnancy.4 Remarriage of widows, widowers and divorcees is
allowed but generally in the case of widows and widowers, they cannot
remarry within a year of the death of the spouse. According to Gurdon
a divorced couple cannot remarry5 but from the author's personal
observations she feels that there is little truth in this assertion. Cases of
people reuniting after divorce are numerous. In fact the society views it
with favour.
Marriage among the Garos is strictly exogamous. The proposal
usually comes from the side of the bride, who expresses her choice to her
parents. (They consider that the best match for a boy is his own maternal
uncle's daughter). They then seek for an opportunity to take hold of the man,
and capture him like a criminal and bring him to their house and confine
him. The boy and the girl are given a separate home to spend the night.
The groom hardly reconciles with the bride at the first night. He flees
from the bride only to pretend unwillingness to marry. He is recaptured. If
he runs away a second time, he is found out again and brought to the girl
for union but if he leaves for the third time then it is taken that he is really
unwilling. It is interesting to note that, this custom once became a subject
for litigation in a court at Tura.6 A man filed a suit for compensation
against the father of a girl who had captured him for marriage. According
to the petitioner, he was captured by the girl's party and according to the
custom he refused and ran away. After that none came to recapture him
and the girl married someone else.7
If the captured boy runs away for the third time a meeting of villagers
and the elderly people from both sides is called at the girl's house. It is ascer-
tained whether there was a union of the two during the two or three nights.
If there was, the boy is fined at least Rs. 60. If the boy accepts the girl, he
continues to live with her and her parents. The essential ceremonies for a
marriage are an address from the priest and the slaughter of a cock and a hen.
Polygamy is still in practice in some of the interior areas. When a wife be-
comes too old, a powerful man would usually ask for a new wife. The first
wife, in such a case is called jik mongma or jik-mamung (elephant wife) and
4. P.R.T. Gurdon, The Khasis 79 (1914).
5. Ibid.
6. The district headquarters of Garo Hills.
7. A. Playfair, The Garos 67 (1909).

This content downloaded from

13.126.146.133 on Thu, 25 Jun 2020 15:53:46 UTC
All use subject to https://about.jstor.org/terms
640 JOURNAL OF THE INDIAN LAW INSTITUTE [Vol. 15:4

the later wife jik gite (concubine).8 When there is a divorce, the hus
has to leave the house with all the properties earned. Widow marriag
allowed. An interesting feature of Garo marriage is that a man or
woman marries into a clan and not into the family. So, when a partn
dies it becomes the duty of the other's clan to provide a substitute from th
clan itself. When younger brother of the deceased husband is available
custom is that he marries the widow. According to a curious custom am
gst these people, the youngest daughter's husband who is known as t
nokrom, marries his mother-in-law, in the event of her becoming a widow
(Amongst the Garos, the youngest daughter is the sole inheritress and
is known as the noknct. Her husband is called the nokrom). Thus,
boy becomes the husband of daughter as well as of her mother's.
Amongst the Mikirs too, exogamy is strictly followed. Any violat
of this rule is followed by ex-communication or kurkefarl , as it is known
Karbi language. Monogamy is the rule, polyandry is unknown and po
gamy is rare. Widow and widower remarriage is permissible. It is cus
mary that the younger brother, if he is unmarried, marries the widow of
elder brother. The elder brother, however, can never marry the widow
his younger brother. The partners are free to choose their mate and
girl can be forced to marry against her wish. Even on the day of marr
her formal approval has to be taken again and, unless she approve
ceremonies or feasts can be commenced. Cross-cousin marriages are p
ferred but, since there is a freedom of choice, the same cannot be imp
Marriage by negotiation is most common though marriage by capture i
unknown. In the latter case, the marriage has to be regularised by the
formance of ceremonies, at a later stage, even if it is after the birth
children.
The Mizos in the Lushai Hills have, to a large extent, became Chr
tianised. Hence, now most of the Mizo marriages are performed in th
church. Originally, according to their custom, the bride's father kill
mithun or a pig and sends half of it to the groom's family. There is a f
in both the houses. The groom's party goes to the bride's house.
interesting to note that the bridegroom does not accompany the party
waits for the bride who is escorted to his house after sunset. After the fea
guests leave the house. It is one of the customs that the parents of the brid
groom leave the house for the night and sleep at some friend's or relat
place. At dawn the bride leaves for her father's house for a visit. Accor
to a custom which sounds very strange, the bride on coming to
husband's house is expected to bring with her a cloth in which to bury
husband in the event of his death. This is considered to be an important par
of the wedding, failing which, there could be a reduction in the bride-p
by Rs. 20.10 As stated above, customary marriages have given way to ch

8. S. Barkataki, Tribes of Assam 24.

9. Ibid.
10. J.D. Baveja, The Land Where the Bamboo Flowers 27.

This content downloaded from

13.126.146.133 on Thu, 25 Jun 2020 15:53:46 UTC
All use subject to https://about.jstor.org/terms
 1973] MARRIAGES IN TRIBAL INDIA 641

marriages now and hence most of the tradi

Nevertheless, bride-price is still considered t
Mizo marriage. The institution was introduce
on the parties. Apart from marriage by cons
other types of marriages too. There is the m
marriage in which the son-in-law becomes a m
giving marriage- price. This is normally don
Marriages performed by force of circumsta
instance, if the girl becomes pregnant befor
luh khung. The institution of courtship or nula
boys and girls are free to choose their pa
separation are permissible and rather easy i
thing is that, if the husband takes the initiat
had paid, and if the initiative is taken by th
bride-price. In a case where dissolution of th
ground of the husband's impotency, the wife do
The formal wedding ( midang ) amongst the
and elaborate affair. Normally marriages are
parents. A pig is sacrificed, drummers are e
occasion. Guests are entertained. The coup
assembly of elderly men and women who bl
happiness. In the dugla lanam ( gandharva-v
boy and the girl by themselves take the ini
approve of it and then arrange for the form
parties disapprove of the alliance, the boy t
parents are informed and the matter is sett
Divorce and widow marriage are prevalent.
Amongst the Gallongs of the NEFA, child
Polyandry is prevalent. The reason for this (p
to the high bride-price, every brother in the
marry separately, so generally, the eldest bro
bride-price is paid jointly and the other bro
right on the girl. Rich persons may have more
wife has the superior-most position in the f
cousins, i.e., mother's brother's daughter and
allowed. Marriage by exchange, i.e., two men
common. After the husband's death, other br
and in case she wants to remarry outside the
be returned. The husband has no right over
though he may marry her on paying the brid
it. Divorce is permissible on the grounds of
treatment.

The Sherdukpens, another tribal group in the NEFA, have patriarchal

set-up. Monogamy is the rule. Marriage by negotiation is most popular.
Parents of the parties negotiate but the wishes of the couple are respected.

This content downloaded from

13.126.146.133 on Thu, 25 Jun 2020 15:53:46 UTC
All use subject to https://about.jstor.org/terms
642 JOURNAL OF THE INDIAN LAW INSTITUTE [Vol. 15:4

Certain relations are preferred in selecting the mates, e.g., marriage with
son of mother's brother or with the daughter of father's sister is preferr
On the other hand, selection of the daughter of mother's brother i
looked upon with favour. When the boy and a girl mutually decide to mar
and there is a reluctance on the part of their parents marriage by
ment is resorted to. The parents, however, normally reconcile. Mar
by service is resorted to, in case the girl's father does not have a mal
to look after the fields, etc. Levirate (marriage of widow with husb
brother) and sororate (marriage of widower witli wife's sister) are pra
Besides, marriage by exchange and capture are not unknown eit
Widow marriage is permissible. So are divorce and separation.11
Lepchas of Darjeeling is another interesting tribal community. Mar
or thap amonst them are monogamous and exogamous. Marria
negotiation and love marriage are popular. Remarriage is allowed bu
is not followed by elaborate ceremonies. There is no bride-price eith
such cases whereas it is often demanded in other cases. Marriage
monies are performed during the day time beginning from sunrise
ending by sunset. After marriage the wife comes to live with the hus
Pibus or match-makers and lamas or priests play an important r
arranging for and solemnising the marriage and merry-makings. In o
to check misbehaviour by anyone due to excessive drinking in cours
festivities, the head of the party concerned is fined Rs. 5 and th
given without any ill-feeling. Divorce is rare and when the differen
reach the point of no reconciliation, the Jama who solemnised the ma
effects the divorce. The husband pays compensation to the wife. Wh
divorce is taken by the husband on the ground of wife's adultery, the
does not have to pay any compensation.12
The Bhils in Madhya Pradesh are, in the main, a monogamous gr
though, polygyny is prevalent in exceptional cases. Various typ
marriages are recognised by them. The bayav is the traditional form
marriage through negotiations between the parents of the parties. S
or engagement precedes this type of marriage. Bride-price is fixed be
the marriage. There is a bargain and normally, on the interventi
relatives and other elders, a reasonable balance is struck. The boy's pa
(the barat) proceeds to the bride's place on the day fixed for marria
The couple take seven circles around a wooden stick which is fixed on
ground by the groom. The party is given ration for the meals, w
they have to prepare by themselves.
Then, they leave the bride's village for their own (without the br
Next day, the bride along with five persons visits the bride-groom's h
After two or three days she comes back to her village. The boy then
visits her house and brings her back and thus they get married. Nat

11. R.R.P. Sharma, The Sherdukpens 54-55 (1961).

12. A.K. Dąs and S.K. Bañerjee, The Lepchas of Darjeeling 87.

This content downloaded from

13.126.146.133 on Thu, 25 Jun 2020 15:53:46 UTC
All use subject to https://about.jstor.org/terms
 1973] MARRIAGES IN TRIBAL INDIA 643

is another form of marriage. It may be reso

unmarried girls and widows. The ceremon
not necessary. The aaivatai is a form of m
who are not in a position to get a suitable m
price. The girl runs away to the house of th
Her father, on knowing about this, goes t
village elders and there is a meeting with th
is settled and a bride-price fixed. This is fol
marriage is another form of marriage preval
man, who is not able to pay bride-price, accepts
house and stays there. This form is also resor
when he has no male issue. The term of serv
gharjamai leaves the house before the expiry
dissolved. If he can afford to pay the bride-p
do so and thereafter get free.13 Bhagoriya is
marriage among some sections of the Bhil
Bhagoriya Haat around Holi festival. In a spec
is a large gathering. In the course of the fest
runs away with the boy of her choice. The fa
about it, visits the boy's house and generally, after some negotiation
regarding the bride-price, the matter is settled. This is followed by a feast.14
Amongst the Mudia and Madia tribes of Madhya Pradesh, ghotul marriages
are quite in vogue. Ghotul is a kind of a holiday home for young (unmarried)
boys and girls who have to sleep there. Each boy selects a wife for a certain
period. These husbands and wives can be inter-changed and exchanged.
When they have completed their ghotul life the formal marriage ceremony
can take place though not essentially between the same p. irs as in the
ghotul. Divorce and remarriage are permissible.
Amongst the Mahadev Kolis of Bombay marriages are normally
arranged within the panchkroshi ,15 iĒe., a distance of ten miles. This rule,
however, is not followed in strict practice. The boy's father takes the
initiative in finding a match for his son. There are negotiations, and the
bride-price is settled. Apart from cash, grain and clothes are also given.
Then follows sakharpuda or informal betrothal. The engagement is
announced. The formal betrothal or magni takes place next. Marriages
are normally celebrated in the evening. The rites normally cover a period
of five days. They comprise erection of the booth, anointing with turmeric
powder, worship of deities and pujas , the main marriage ceremonies, the
return of the party and the untying of the strings. There are feasts and
merry-makings. Polyandry does not exist but polygamy is permissive,
though rarely practised. Widow marriage is prevalent. The Sansis are

13. J. B. Naik, Impact of Education on the Bhils 103 (1969).

14. Id. at 105-106.
15. G.S. Ghurye, The Mahadev Kolis 106 (1963).

This content downloaded from

13.126.146.133 on Thu, 25 Jun 2020 15:53:46 UTC
All use subject to https://about.jstor.org/terms
644 JOURNAL OF THE INDIAN LAW INSTITUTE [Vol. 15 : 4

another tribal community belonging to the Punjab. A young girl at h

amongst them is a great liability and, hence, care is taken to marry h
as soon as she attains puberty. The Sansis are an endogamous group
cannot marry within their own clan. Engagement or Karmai pre
marriage. There are a number of ceremonies attached to marriage suc
gandhin ,16 i.e., fixing the date of marriage, mctiyan, sehrdbandi , ghori ,
dhukaa , pheray , doli , etc . The most popular form of marriage among th
is by negotiations. Marriage by purchase is rare. The Sansis cond
accepting of bride-price. Marriage by exchange and service are ra
practised. Widow remarriage is not prohibited. Divorce by mutual con
can be obtained. Monogamy is the rule. Polyandry is unknown a
polygyny is rarely practised.
This brief study of the marriage system of a few tribes in I
reveals that even the traditional customs of these communities have
elements of modernity. Monogamy is the rule in most of the tribes and
even where polygyny is permissible, it is rarely practised and is gradually
dying out. Wives hold a very respectable position in the family. In some
tribes, such as the Khasis in Meghalaya, they have a rather dominating
position. Divorce is permissible, among other grounds by mutual consent
too.

Kusum Kumar*

16. The world gandhin means knot. In olden times a certain number of
knots were tied on a thread or a piece of cloth. The number denoted the number of
days left for the marriage ceremony. Each day a knot was untied, until the last, which
signified that the day of marriage has reached.
* M.A., L.L.M., Research Associate, Indian Law Institute, New Delhi.

This content downloaded from

13.126.146.133 on Thu, 25 Jun 2020 15:53:46 UTC
All use subject to https://about.jstor.org/terms