The contest between customary law and the legal system has created a gap wide enough to be exploited to such an extent that justice is no longer delivered. The contest is not so much between the principles of customary law and the legal system, but rather, more at the level of function and interpretation; and hence its application and jurisdiction. Furthermore because there is very little public knowledge and public clarity on this issue, there is confusion over the scope and jurisdiction of customary law. For instance, there have been on some occasions where rape cases have been tried by customary law, when in actuality, rape cases cannot be dealt under customary law, it falls under the provisions of the Criminal Procedure Code.
Such inconsistencies have led to the dereliction of due process and amounted to denial of justice. Hence, it is of absolute necessity to clarify the confusion over the scope and jurisdiction of customary law; and to assert the notion that Customary Law and the legal system need to be perceived and implemented as complementing processes rather than competing claims. The perceived differences and the real gap between customary law and the legal system needs to be reconciled within practicing institutions of law; while academic law institutions need to evolve a more vibrant and resilient evolution of customary law consistent with principles of universal law. It is important that the existing customary law must be founded on a jurisprudence that is relevant to Naga life.
Customary law in Naga society must be critically evaluated and must be transformed and modernized into a jurisprudence that is consistent with the values and principles acceptable by international norms. Nagas must be able to take what is good from the past and transform them into the present day relevance. As Sankara put it, ‘we must be able to take from our past from our traditions - all that is good, as well as all that is positive in foreign cultures, so as to give a new dimension to our culture.’ Further, the structures of Naga system of law too must be consistent with international standards of legal requirement. It is imperative that Nagas put in their perspective of laws, conducts and institutions within the ethical framework of democracy, restorative justice, equality, respect and dignity.
Considering the community nature of Naga society, the importance of customary law cannot be negated. Yet it is equally important for customary law to be based on a jurisprudence that affirms and meets acceptable standards of law. Once the process for a Naga jurisprudence is evolved, the prevailing inconsistencies can be addressed both at the functional as well as the conceptual levels. But so long as the Nagas avoid developing its own jurisprudence, the praxis of justice and liberty will remain a distant reality.
