N1262

PAPUA NEW GUINEA
(IN THE NATIONAL COURT OF JUSTICE
HOLDEN IN MT HAGEN)

In the Matter of
KEPO RARAMU

AND:

In the Matter of 
YOWE VILLAGE COURT

Mount Hagen: Doherty, J.
22 November 1993

Offence not within Village Court regulations - Custom oppressive as it is contrary to equality provisions in Constitution and not in keeping with the inherent dignity of mankind.

JUDGMENT

DOHERTY, J.: Kepo Raramu has been sentenced to a term by the Village Court of 6 months imprisonment because as a widow, she has gone around with another man. 

I am well aware of the custom in many areas that says women whose husbands have died are not to go around with another man. I have come across such a custom in Ninigos Islands in the Manus Province and Tigidu in Morobe Province. I do not know of any equivalent customs that says a man whose wife has died are not allowed to go around with other woman, and as such I consider this custom strikes against the basis of equality provided in S 55 of the Constitution. 

It appears to me to quote the words of the former Chief Justice Sir Buri Kidu, "it is a custom that is oppressive to women" and the Village Court is in error in upholding this custom. Since it is oppressive, I consider it fails to recognise the inherit dignity of man-kind and this Court is not prepared to recognise it under the Custom Recognition Act and enforce it as part of the underlying law.

I consider that the Village Court is wrong for imprisoning people for breach of that custom. Should people wish to obey the custom, well and good let them do so, but it is not one should be subject to criminal sanction.

Further I consider that this is not a scheduled offence provided in the Village Court Regulations and therefore not within the jurisdiction of the Village Court to try and convict.

I consider it oppressive and not with in keeping with the dignity of humanity, I do not recognise it or enforce it is a custom, accordingly I Order that the prisoner Kepo Raramu be released forthwith together with her 4 month old child.