Dimapur, February 4 (MExN): The GB Union Dimapur (Sadar) has underscored the imperative need for courts in Nagaland to apply Naga customary law in cases involving Naga litigants, stating that such application is essential for the protection of Naga customs, traditions and social justice.
In a statement, the union stressed that Naga customary law, though largely unwritten, forms an intrinsic part of the social, economic and cultural life of Naga society. It noted that for a custom to be recognised as law, it must have historical continuity, be consistently practised by the community, and be viewed as reasonable and legitimate.
Highlighting that customary law is an integral component of modern jurisprudence, the union observed that courts worldwide recognise customs and traditions—so long as they are reasonable and not violative of human rights—and often accord them precedence over statutory law. In the Indian context, it added, the Supreme Court and various High Courts have consistently held that a proven custom can prevail over statutory provisions.
Referring specifically to Nagaland, the GB Union pointed out that Article 371A of the Constitution grants special protection to Naga customary law. However, it expressed concern that this constitutional safeguard is often ignored, resulting in customary law being sidelined in judicial proceedings. According to the union, there is an urgent need to revisit and reaffirm traditional justice systems that once served as the foundation of social order among the Nagas.
The statement asserted that there is no inherent conflict between customary law and statutory law, as both are recognised under the Constitution of India and form part of the broader legal framework.
It maintained that all courts in Nagaland possess equal jurisdiction to administer customary law, but alleged that courts frequently rely solely on statutory law, leading to what it described as a miscarriage of justice in cases involving customary issues.
The union emphasised that both the State Government and civil society organisations have a critical role in ensuring that courts apply Naga customary law wherever applicable, particularly when disputes involve Nagas and pertain to customary practices.
It identified key areas where customary law assumes primary importance, including ownership and transfer of property, inheritance, marriage, divorce and related matters. While acknowledging the diversity of Naga tribes, the union stated that customary laws across tribes are largely similar, with minor variations. Common features cited include patrilineal inheritance, clan-based social structures, restrictions on same-clan marriages, and customary norms governing divorce and property rights.
In such matters, the union asserted, Naga customary law should take precedence over statutory law, with courts required only to apply these established norms.
Calling for urgent action, the GB Union urged the State Government to initiate and actively push for the application of Naga customary law by all courts in the State. It further reiterated that parliamentary laws relating to Naga customary practices, social and religious matters, and land and resource ownership should not apply unless approved by the Nagaland Legislative Assembly, as provided under Article 371A.
