www.dilmahconservation.org <strong>The</strong> Court system During the years gone by, with the community solely living a nomadic lifestyle, moving from one place to another, the community developed a unique system to decide on disputes that arose amongst them. It can be safely assumed that the system was a result of a mixture of customs and traditions that existed within the community and the influence of the neighboring communities. Rules and regulations were imposed upon the community by the will of the majority and where a set of elders well versed in the laws, decided on disputes. This system is similar to the ‘Panchayath Sabha’ practiced in rural India. <strong>The</strong> head of the council is the head of the ‘Kuppayama’ (village) and in the event of a dispute, the aggrieved party complains to the ‘Arachchila’ (head of the village) who in turn decides on a date for the hearing. <strong>The</strong> most important feature at this hearing, much to the surprise of many a civilised person, is the pride of place given to alcohol. <strong>The</strong> plaintiff, prior to the hearing has to entertain the respondents, the council and those present at the hearing with alcohol. Both the complainant and the respondent, in addition to providing alcohol, are obliged to pay the council a fee for the hearing and this fee in turn is also used to purchase some form of alcohol. Due to this, a hearing of a dispute is a much looked forward to event by the villagers. In the event one party does not agree with the decision arrived at by the council, there is the remedy of an appeal. For the appeal, the party disagreeing with the decision has to bear the cost of the alcohol. If a decision cannot be reached despite the appeal, then the hearing is shifted to another location. According to Thimmannage Engatana, if there is no agreeable decision at the appeal, the parties and those interested in the outcome, shift locations most often to a land close to a dam. <strong>The</strong> same procedure regarding the distribution of alcohol is strictly adhered to even during the second appeal. In the event that no proper judgment is arrived at, the parties then move to another gypsy village and can complain to the ‘Koralama’ who is considered as a regional head of a few villages. Finding the culprit If in the case of a hearing, the wrongdoer does not agree with the decision, the community has devised their own method of ‘swearing’ which involves deities and other transcendental aspects the community believes in. <strong>The</strong> method of swearing their innocence is similar to those of the Sinhala swearing methods used during the times of the kings. If the council decides that there has to be a swearing, the community adopts a very customary approach to the ceremony. <strong>The</strong> swearing is always scheduled to the day after the disputed decision is given. During that time the accused is kept under house arrest and held under the watchful eyes of the members of the council. Prior to the swearing, the accused has to bathe and cleanse himself. One of the main methods of swearing adopted by the community is the ‘burning oil’ method. Accordingly, the accused has to move around a pot of burning oil thrice and then put his thumb into the pot. If his thumb burns that is taken as an assurance of his guilt. Another method is making the accused hold a heated iron bar. If there is no burn on the accused, he is absolved of the crime. <strong>The</strong> community believes that the gods that be, protect the innocent during these trials. <strong>The</strong>se trials by torture are not alien to the Ahikunatakas and have been used time and time again during Greek and Roman civilisations. If there are two suspects being accused of the same offence, there is a somewhat different method used to decide on the culprit. Both the accused are given similar amounts of rice, water and heat to boil a pot of rice. <strong>The</strong> first person to have boiled the pot of rice is considered innocent. 32 <strong>The</strong> <strong>Ahikuntaka</strong> <strong>The</strong> Court system
Rules and regulations were imposed upon the community by the will of the majority and where a set of elders well versed in the laws, decided on disputes DS <strong>The</strong> Court system <strong>The</strong> <strong>Ahikuntaka</strong> 33