Laws and Customs
[Internal Organisation.]
From such information as is available at the present day it a
seems fairly clear that the internal and tribal organisation of the
Kachári (Bara) race rested in early days, very largely at least, on
a totemistic basis, although it is only here and there that any real
regard for the totems can still be said to survive. In primitive
days these subdivisions, all at one time strictly endogamous,
[12] were probably very numerous. But in the case of many of these
sub-tribes all trace of their distinct existence would seem to have
passed away; and no restrictions on the intermarriage of members of
such sub-tribes as still survive are any longer recognised. Among
septs or sub-tribes whose names still to some extent hold the field
may be placed the following:--
1. Swarga-ároi (Swarga = heaven). The heaven-folk. This sub-tribe
is said to be the highest of all; none of its members ever worked
as cultivators, for as a rule all deoris, ojhas, and others who
took a leading part in religious ceremonials, were chosen from this
subdivision; and the offerings made by worshippers were held to be
sufficient for their maintenance.
2. Basumati-ároi (Basumati = earth). The earth-folk. This clan has a
certain privilege not possessed by any other, i.e., its members can
bury their dead without in any way purchasing ground for the grave
or for the erection of the funeral pyre.
3. Mosá-ároi (Mosá = tiger), otherwise known in Darrang as Bagh-l-aroi
(Bagh-l-aroi, the l is probably inserted for reasons of euphony). The
tiger-folk. The members of this sub-tribe claim kindred with the
tiger, and all the inhabitants of a village peopled by them go into
mourning on hearing that a tiger has died in the neighbourhood.
4. Khángkhlo-ároi. The Khangkhlo-folk. Khangkhlo is apparently the name
of a certain jungle grass, used freely both at religious ceremonials
and at festive gatherings and merry-makings, of which the Kacháris
are very fond.
5. Sibing-ároi (Sibing, sesamum, the Assamese til). The
sesamum-folk. This sub-tribe is said to be the only one which in
olden time was allowed to cultivate sesamum plant, and its members
still hold this plant in special honour.
6. Gándret-ároi (Gándret, a leech or slug, Assamese Kumzeluka). The
leech-folk. This sub-tribe holds the leech in high regard and cannot
under ordinary circumstances kill it; though on occasions of certain
religious ceremonials, e.g., purification after a death in the family,
its members were required to chew a leech with vegetables for a
certain limited period, though apparently only once in a life-time.
7. Nárze-ároi (nárze = jute). The jute-folk. This sub-tribe held jute
in special honour, and on occasions of great religious ceremonials
its members were bound to chew a certain quantity of jute (see No. 6).
8. Doimá-roi (Doimá = a large river) (cf. Dimásá [doimá-sá], the
usual designation of the people of the North Cachar Hills). The
river-folk. These in olden time were the fisherman class, though
its surviving members are now merged among the mass of ordinary
cultivators.
9. Bibiziyá-ároi (Bibína = to beg). The begging-folk. Professional
mendicants having no fixed home or regular occupation, much like the
modern Fakirs, Vairagis, &c.
10. Bing-bing-ároi (Bing-bing, probably an onomatopoetic word
indicating a sound more or less musical). Itinerant musicians,
subsisting on the voluntary offerings of those to whom they
ministered. The writer has occasionally seen one or two members of
this class in Kachári villages.
11. Ding-ároi (dingá = a bamboo water-vessel [Assamese Chungá]). [13]
The dinga-folk. The members of this sub-tribe are said to have formerly
earned their livelihood by making, these bamboo water-vessels.
12. Goi-bári-ároi (goi = the areca-palm [14]). The areca-folk; formerly
devoted to the cultivation of the areca, of which they perhaps held
the monopoly.
In addition to the above sub-tribes, all at one time strictly
endogamous, though now no longer so, the following may be mentioned. It
may be noted that these are recognised, in Kamrup at least, mostly
to the north of the great earthwork embankment known as the "Gossain
Kamla Ali," though the writer has been unable to find any trace of
their separate existence in this (Darrang) district.
13. Rámshároi. Rámshá folk. Rámshá is said to be the name of a Mauza
in Kamrup. [15] It may be noted further that Rám-sá (?Ram's people)
is the name by which the Kacháris living in the plains are known to
their brethren in the North Cachar Hills.
14. Brahm-ároi. Brahma folk. Said to be a quasi-priestly class, found
chiefly in Upper Assam. This name, like the preceding, is obviously
of Hindu origin.
15. Bánhbárá-roi. [16] Bamboo-grove-folk. (Banhbari = Assamese) is
the sacred bamboo grove, found near many Kachári villages, where the
worship of the gods is carried on at certain seasons.
16. Dhekiábári-ároi. (Dhekiá fern), the fern-folk. The totem of
this sub-tribe was probably the fern, still sometimes used in the
preparation of the fatiká spirit.
17. Máómará-roi. The Máó-fish folk, perhaps originally the dwellers
near the Moamári bil. [17]
18. Kherkhathá-roi (Kerketuá, [18] squirrel). The squirrel-folk. Said
to be a low caste and more or less criminal. One of their functions
is to cut the horns of cattle.
19. Fadam-ároi. The fadam folk. The fadam is said to be identical
with the tree known as sáchi in Assamese.
20. Mohilá-roi. Mohilá folk. Mohilá is a word of uncertain origin
and meaning. It is said to be the equivalent of Maháldár, and to
be applied to fishery lessees, and petty traders in areca-nut and
betel-leaves and dried fish (na-gran).
It may perhaps be added that among the Meches in Gowálpárá some sixteen
of these subdivisions are recognised, all formerly exogamous. [19]
In designating these subdivisions the same suffix (ároi or roi)
is used as that characteristic of the Kamrup and Darrang Kacháris:
indeed, the names correspond closely in every respect, e.g.--
Swarg-ároi,
Masá-roi,
Doimá-roi,
Goibári-roi,
which seems to be practically identical with class-names Nos. 1, 3,
8 and 12, given above.
But it is among the Dimásá of the North Cachar Hills and the Hojais
of the Nowgong district that this minute subdivision of the clans
would seem to attain its highest development. In this portion of the
Bara race some eighty clans are recognised, of whom forty are known as
men's clans (sengfáng) and forty as women's (zulu). All the members of
these different clans eat and drink together freely, and are, or were,
all strictly exogamous. [20] The only exception to this strict rule of
exogamy is that of the so-called royal clan, known as Há-chum-sá, [21]
i.e., "black earth folk," all the members of which were compelled to
marry within their own sub-tribe, marriage with a member of a subject
clan being of old absolutely forbidden. (Cf. the analogous restrictions
enforced by various "Royal Marriage" Acts in other communities.)
In partial explanation of the terms used (their number might probably
be largely added to on further inquiry), it will be observed that
the first two are obviously of Hindu origin, the Kachári affix
ároi (people, folk) being attached to the Sanskrit words Swarga and
Vasumati respectively. Most of the designations applied to the other
sub-tribes merely indicate the occupation, probably hereditary, by
which the members of these sub-tribes obtained their livelihood. But
in almost every case, in these modern days, any special reverence
for the totem has very largely become a thing of the past. There is,
perhaps, one exception to this rule, that of the tiger-folk (Mosároi
or Baghlároi). (The l in this latter word is probably merely euphonic,
so that the two words have exactly the same meaning). Kacháris of the
old-fashioned conservative school still think it a duty to show respect
to their totem (the tiger) by formally going into mourning whenever
they learn that one of these animals has died in the immediate vicinity
of their village. The period of mourning is indeed but a short one,
seldom exceeding twenty-four hours; but during this brief period the
sorrowing would seem to be very real, and not a little material loss
is sometimes involved. No solid food whatever must be taken, in itself
no slight privation to the Kachári, who is as a rule provided with
an ample appetite. At the end of the mourning the floor and walls of
each house must be carefully smeared with a freshly prepared compost
of mud and cow-dung, a work usually carried out by the women. All
articles of clothing, as well as all household utensils made of brass,
must be thoroughly cleansed in running water, whilst all earthenware
vessels except those which are quite new and have never yet been used
for cooking purposes, must be broken up and thrown away. Then one
of the elder members of the community, acting as Deori (minister),
solemnly distributes the "water of peace" (Sánti-Jal) [22] to be
drunk by all in turn; and the buildings themselves and all articles
of clothing, &c., are freely sprinkled with this preparation. The
service is finally consummated by the sacrifice of a fowl or pig,
to be partaken of by all in common; after which relations of ordinary
social intercourse with the neighbours may be quietly resumed.
Marriage, Endogamy, Exogamy
It is said that each of the sub-tribes mentioned above was in early
times strictly endogamous; for though members of all these subdivisions
might freely eat and drink together, intermarriage between them was
absolutely forbidden. But all such restrictions on marriage seem to
have passed away long since, so that the whole subject has nowadays
little more than an antiquarian interest.
No formal hypergamy is recognised, though Kacháris occasionally
take wives from the cognate tribes known as Rábhas (Totlás), Koches
(Madáhis), and Saraniyas, &c. But such alliances are as a rule
not looked upon with favour, and the bridegroom in such cases has
generally to make his peace with his fellow-villagers by providing
them with a feast in which rice-beer (Zu) and pork are certain to
take a prominent place. Children born of such mixed marriages become
in all cases members of the father's subdivision of the Bodo race.
There is little or nothing specially distinctive in the laws
of consanguinity or affinity in their bearing on the marriage
relationship. A widower may marry his deceased wife's younger sister,
but not the elder, whom he is taught to regard conventionally in
the light of a mother. Much the same principle holds good in the
case of the re-marriage of widows, which is freely permitted, the
one limitation being that a widow may marry her deceased husband's
younger brother, but not the elder.
Polygamy
As a rule the Kacháris are a strictly monogamous race, though cases
of men having two wives have occasionally come under the writer's
notice. These cases are, however, almost invariably limited to men of
a somewhat high social position or great wealth, such as Mauzadárs,
Mandals, &c. Where, too, a first wife proves childless, Kachári custom
sanctions the taking of a second, mainly with a view to handing down
the father's name to posterity. On the other hand, polyandry would
seem to be absolutely prohibited, though it is known to prevail in
the adjoining regions of Bhutan, Tibet, &c.
Adoption
Children, more especially orphans, are occasionally adopted, usually
by near relatives, but sometimes by absolute strangers. In such cases
the children so adopted are treated as full members of the family,
and the foster-parents are considered by the community to have done
a highly meritorious act. Several pleasing instances of adoption of
this character have come under the writer's notice, and in all such
cases the adopted children seem to have found a very happy home.
Female Chastity
As stated above, the standard of chastity among the Kacháris,
both men and women, is by no means a low one. As a rule the young
people, in the villages at least, lead pure lives before marriage,
and are faithful to their marriage vows in after-life. In cases where
there are several unmarried girls in a family, and one of them is
suspected of having broken the law of chastity, the following plan for
detecting the offender is sometimes adopted. The whole family gathers
in the evening around the sacred siju tree (Euphorbia splendens),
which is often to be seen growing in the court-yard, surrounded by a
fence of split bamboo. At the foot of this revered tree a quantity
of rice (uncooked) is solemnly buried and allowed to remain there
over night. Early next morning this rice is carefully disinterred,
and a certain quantity given to each grown-up girl (sikhlá) to be
masticated. The offender, under the pressure of the fear of imminent
detection, is unable to masticate her portion of rice, the faculty of
secreting saliva failing her in her terror of discovery and disgrace.
She is then made to disclose the name of her paramour, whom Kachári
public opinion compels to marry his victim forthwith, the bride-price
(pan: see below) being in this case considerably enhanced as some
slight compensation to the girl's parents for the injury done to
the honour of the family. A similar procedure is sometimes resorted
to in cases of suspected theft or other like misdemeanours in the
family circle.
In some cases where the parents are unwilling to part with their
daughter to a prospective son-in-law of somewhat objectionable
character, the matter is referred for decision to the village elders,
who impose a fine of Rs. 20/- to Rs. 25/- on the offender. But whenever
pregnancy follows offences against the law of chastity, marriage
becomes absolutely compulsory, and the seducer is made to feel that
he has brought disgrace upon the village, and is distinctly under a
cloud. In this way a wholesome respect for chastity is maintained,
and Kachári domestic life is kept comparatively pure.
Divorce
Divorce sometimes takes place by mutual consent, but cannot be effected
without a certain formality. Man and wife appear before the village
elders and state their case, concluding by tearing a pan-leaf into
two pieces, fáthoi fesínai, (K.) pán chirá (Assamese), a symbolic act
indicating that, as the sundered leaf can never reunite, so their own
married life is severed for ever. Should the husband divorce his wife
for causes which seem to the village elders inadequate or capricious,
he forfeits all claim to reimbursement of his marriage expenses, and
even when the divorce is approved of, he must pay a certain small sum
(Rs. 5/- to 10/-) for his freedom, the amount being divided between
the village pancháyat and the divorced woman. On the other hand,
if the woman is divorced for just and sufficient reasons, e.g., for
unfaithfulness to her marriage obligations, the injured husband is
entitled to recover whatever he may have expended at his marriage, a
sum amounting sometimes to Rs. 140/- or upwards to Rs. 200/-. The man
who may afterwards marry the divorced woman is held to be responsible
for the payment of this money; and so long as this latter condition
is duly fulfilled, the divorcée is fully at liberty to live with a
second husband.
Inheritance of Property
Among the Kacháris the laws and customs relating to the inheritance of
property seem to be very vague, and it is not at all easy to obtain
any definite information on the subject. Generally speaking, on the
decease of the head of the household the eldest son takes charge of
all property, making a home for the time for his widowed mother and
his brothers and sisters. In this way the family may be kept together
for some years; but eventually it breaks up as the children grow
up and marry, in which case the father's property is broken up into
equal shares, the eldest son taking one share and a half, while what
remains is divided fairly among the other brothers. The daughters,
especially if married, can claim nothing. When a man dies without
sons, the property usually passes to his eldest surviving brother,
who generally makes some provision for the deceased man's widow
and daughters.
Disputes, whether matrimonial or otherwise (e.g., inheritance of
property, &c.), are almost invariably referred to the council of
village elders, whose members are not necessarily limited to five or
other definite number; and the decision of this rural council is very
rarely questioned or opposed in any way. It might be well to develop
and enlarge this simple and very effective way of settling disputes,
so that the villagers may be to a great extent saved from the necessity
of coming under the contaminating, demoralising influence of our civil
and criminal courts. As all the Kacháris of this district (Darrang)
are ordinary cultivators, holding land directly under Government like
their Hindu and Musulman neighbours, no remarks are needed under the
head of "tenure of land, and laws regarding land." So too with the
sections dealing with "war, and head-hunting," it is only necessary
to say that the latter practice (head-hunting) is quite unknown here,
though it would seem to have been very common in earlier days among
the closely cognate race known to us as Garos.