P Achumse Yingbithongru
Kiphire | August 16
In Kiphire, the traditional practice of ex-communicating tribal members has come under scrutiny for its potential to disrupt social cohesion. Historically, tribal bodies have invoked this measure to maintain social order, but concerns are growing over its fairness and effectiveness.
While there is concurrence that ex-communication should be applied judiciously and reserved for only the most extreme cases, critics highlight the potential for abuse, noting that the significant power vested in tribal bodies could be misused.
There are fears that ex-communication could be wielded to settle personal grievances, silence dissent, or enforce conformity, rather than addressing genuine threats to social order.
Questions are also raised that the practice of ex-communication not only goes against the legal framework but also raises serious ethical concerns. They claim that it is increasingly being misused for selfish motives and power plays, rather than for maintaining social order.
Rule of law must prevail
Interacting with The Morung Express, imminent social activist, Niketu Iralu maintained that the relevance of ex-communication do not arise and it becomes unjust if the assumed person or group under discussion for ex-communication has not committed such a crime deserving the degree of punishment mentioned.
Stressing on the importance to be a conscious keeper of society, he said ‘let justice, and the rule of law prevail, for this, let the facts, good or bad, remain un-violated to serve the interest of anyone.’
“What should prevail, and what should not prevail; what should win, and what should not win, must be through rule of law, so that society grow properly and as such it depends entirely on us being ready to take a stand to fight for what is right, against what is wrong, as we know in our conscience rather than expecting someone else to do that,” he added.
Implication in modern world
Isaac Tsalembi Sangtam, former president, Kiphire Area Students Union (KASU) based in Kiphire, argued that ‘in today’s contemporary world, tribal societies are facing the reality of traditional values and contemporary practices. Though ex-communication is used in tribal society as deterrence, it has to be re-evaluated in the light of modern legal framework and human rights considerations.’
He highlighted that the evolution of global media, social media, and rapid advancement in information technology, means that the impact of ex-communication can unwittingly extend beyond local communities, reaching wider audiences and potentially affecting individuals’ reputation and social standing on an exponential level.
Undermine trust within community
Referring to past instances when ex-communication was invoked only in the ‘rarest of the rare’ case, Robert Solo, prominent social activist and general secretary, Kezekevi Thehou Ba (KTB) from Kohima said ‘in the past, people were expelled from the village for committing very serious crime such as murder, but unfortunately, what of late, some public leaders using their position to wrongly expel members when they refuse to serve their vested interest.’
At times, some leaders try to use people to serve certain politicians and when they refuse to agree then everything is misinterpreted and action is initiated against them, he added.
Making his point, he said if the crime involves taking lives or putting community in danger then old customary law can be considered, however, ‘it would be a tragedy to ex-communicate any member because of vested interest of greedy leaders.’
Legal and ethical viewpoint
Commenting from the prism of legal and ethical point, B. Yemlong Chaba, Advocate, who is based in Tensing, observed that in the current scenario, numerous leaders through their actions of figurative ex-communication are alienating the younger generation, fostering an environment of self-interest and egocentrism.
From a legal standpoint, ex-communication, traditional a social sanction, has evolved into a broader concept involving the formal exclusion and expulsion of individuals from community and traditional institutions, however, legally, such action must adhere to the principles of natural justice, ensuring due process and protecting the rights of individuals, he emphasized.
Adding further, he stated that the misuse of ex-communication can lead to legal challenges, including claims of defamation, discrimination, or breach of contract as it is the inalienable right of every citizen’s to advocate for just and lawful leadership.
He pointed out that the ramification of electing or accepting inadequate leadership today are profound; it could take generations to rectify the damage and restore social balance as our society faces numerous unspoken challenges, from violation of rights to the neglect of civic duties, thus, to reclaim our rights and fulfill our obligations, we require leadership that is both legally and morally sound.
In need of balancing act between Tradition & Modernity
Sharing his views, Jeh Sumi, PRO, International Human Right Council (IHRC), Nagaland Chapter, said there has to be a balancing act between tradition and modernity. Historically, it was an effective means of enforcing customary laws within the village and community, however, in the contemporary society, the effectiveness and the relevance of ex-communication as a form of punishment has diminished due to significant changes in how people live and interact, he elaborated.
Putting things into perspective, he said unlike in the past, where individuals were largely confined to their villages and social sanction was possible. But today, mobility raises concerns and it becomes problematic especially when ex-communication is use to serve vested interest rather than enforce justice.
Sharing his concern, he said, ex-communicating members even for minor issues such as comments or thoughts shared on social media, which raises concerns about the fairness and proportionality of punishment leads to violation of individual rights underscoring the need for a more balance approach.
While respecting our cultural traditions, it is crucial to develop a more balance and fair approach that aligns with modern values and legal standards ensuring individual rights are protected and that punishment are just and appropriate, he added.
