The Naga traditional Justice system is based on the Naga Customary Law, with slight variation of customs from one tribe to another. But all customary court derives its strength from the principle of the fear of God, who is the final arbiter of justice. The customary court as per traditional practice disposes cases expeditiously and without cost. Normally both the parties are satisfied with such judgement and peace is quickly restored.
The Imperial British have described the Naga customary practice as the “Purest form of Democracy”. Some writers have even mentioned that Customary Court delivers “Speedy Justice”. The administration of Justice and Police clearly defines that the law of land is applicable in spirit and not in letter.
For the same reason Naga customary practices and usages have been protected under Article 371(A) of the Indian Constitution and no Act of Parliament will apply to the Nagas unless the same is ratified or approved by a resolution in the Assembly of Nagaland. In other words, unless the Naga themselves choose to impose on themselves alien laws, the Naga Customary Law will take precedence over all other laws. Should we therefore, go out of the way to impose separation of Judiciary at the grassroots level when our system is intact and well? Can we justify such drastic change just because there are some who do not conform to our custom and practices, or for reason of giving employment? The old saying that “When in Rome, be like a Roman” may also apply to those who come to Nagaland! To implement separation of justice just for the sake of pleasing a few, will amount to bending our backs beyond the breaking point. Instead we may recall the candid admission of Pandit Jawaharlal Nehru, at the time of granting Statehood, that Nagas should be left alone and allowed to develop according to their own ingenuity.
There are groups who may claim that separation of judiciary will not affect the customary laws and customary practices. However, there may be no doubt that separation of judiciary will mean introduction of Indian laws not only in spirit but also in letter. This is bound to adversely dilute the efficacy and respect for customary law and practices, because, the two systems differ basically: one is based on man-made laws, whereas the other on the fear of God. Therefore, to claim that separation of judiciary will not affect customary practices is like pouring ink into a glass full of pure democracy and hoping it will not darken the whole concoction.
The real need of the hour is to find ways to reverse all the harmful trends causing the degeneration of our morale values and ethical standards. The youths of today have strayed too far away from the traditional moral fabrics and are often indulging in activities like rape, extortion, cold-blooded murders etc. which hitherto were unheard of in the past. To reverse such harmful trends, it is essential to strenghthen the existing time-tested customary law and practices and not by introducing an alien judicial system.
It is well known that the so called modern judiciary system has made justice a purchasable commodity, where advocates usually appear for their clients on consideration of fees. Therefore, it will be next to impossible for the poor to obtain justice in the regular court of law. It may also be mentioned here that the age-old customary law does not require an advocate to represent the litigants and even an illiterate villager can defend his rights.
There is an urgent need to strenghthen the moral fabric of our society by educating the youths to the ‘do’ and ‘don’ts’, according to the proven list of “Kenyü” (genna) and fear of God. This is possible by strenghthening the Naga customs and traditional practices and not by introducing a new system of judicial practice. It is imperative to ponder on how to restore the good old traditional values of honesty, simplicity, hard work and chivalry. Such qualities are best attained in an atmosphere of peace and justice. However, if justice is available only to those who can efford it, the traditional values and beliefs will be adversely affected and the moral fabric of the society will become the first casualty.
In view of the above, separation of judiciary at this stage is neither desirable nor to be pursued considering the likelihood that it can cause irreparable damage to the Nagas way of life. Furthermore, it will be extremely unwise to introduce a foreign judicial system at a time when the basic Naga issues are yet to be settled.
TL Angami, GB Founder of Village Chief & GB Federation Nagaland, Chairman Angami Customary Court Nagaland
