ဥပဒေin English

 Khongso Customary Law and Justice System

The Khongso people settle all kinds of disputes—big or small—based on their traditional customary law. When both sides accept a decision, the case is considered closed and will not be reopened.

In the past, under the leadership of a single village head (khosak kung/kho kung), people followed the decisions made by the head and a council of respected elders. These elders were chosen for their wisdom and fairness to help resolve disputes.

Today, Khongso customary law, also known as “Mountain Law,”or (traditional law )is still recognized and practiced under government supervision.

When a dispute happens, both parties choose equal numbers of respected elders to form a temporary court (congkhang laicaeh). Sometimes it is organized by the village head. This group selects a chairperson from among themselves. Both sides promise to obey the decision of this council.

Before the hearing, both parties must pay a phurah (a fee or honor gift) to the council, which cannot be reclaimed later. The decision of the council is final and binding//.ပီးထား

Below are examples of traditional penalties and compensations still applied today:

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1. Broken Engagement

If an engagement is broken after a formal promise:

If the woman breaks it: she must give one piglet, a piece of cloth about 3 arm-lengths, and host a rice-wine feast.

If the man breaks it: he must give a spear, a chicken (or a special traditional item called longpam pom), and 10 kyats, plus a rice-wine feast.

If a third person caused the break-up: that person must give a traditional gong or 30 kyats.

2. Other Sexual/Family Issues

If a man makes a woman pregnant but refuses to marry her, he must pay 100 kyats

plus childbirth expenses.

When the child turns three, the man must give a traditional gong or 50 kyats to formally claim the child.

If the child is a girl, later at her marriage the mother’s parents can claim traditional wedding gifts.

3. Divorce

Divorce can happen for several reasons—mutual disagreement, adultery, lack of children, disagreement with parents, or other causes.

If the husband initiates divorce: he loses all bride price and also pays a divorce fine of a gong or 50 kyats.

If the wife initiates divorce without strong evidence against the husband: she must return all bride price and also pay 15 kyats, a piglet, and a rice-wine feast.

If the husband mistreats or makes his wife sick leading to divorce: he must pay 100 kyats or a cow.

If someone elopes with another man’s wife: he must repay all previous bride price, wedding costs, plus a fine of 300 kyats and other fees, including tax. A pig must be killed as a blood settlement.

4. Theft

Inside the village: the thief must pay 15–60 kyats, return the stolen item, and also give a piglet.

Outside the village: the thief must return the stolen item or pay its value, but no pig blood settlement is required.

5. Causing Injury

If someone causes bleeding or injury, they must pay for medical costs plus 15–60 kyats, even if the injured person is their own wife.

6. Accidental Death

If someone dies accidentally during work, travel, or hunting, the responsible person must give a blanket, funeral expenses, and a pig.

7. Murder

If someone is killed:

If the victim is a man: 1000 kyats compensation.

If the victim is a woman: 700 kyats compensation.

Additional traditional items are also given for each body part (a bull, gun, spear, bell, etc.).

After the settlement, a feast with a large pig is held.

Murder cases involve the entire clan of both victim and offender. Both sides must follow strict rules: they cannot speak to each other, eat or drink together, or stay inside the village during the trial. All trial expenses are paid by the offender’s relatives.

Judges invited by the victim’s side are not to be bribed with gifts.

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